By the District. The District’s right to commence the Claims Resolution Process shall arise at any time following the District’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude the District from asserting Claims in response to a Claim asserted by the Architect. A Statement of Claim submitted by the District shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by the District as a result of such events. Notwithstanding the foregoing, the District shall not be able to commence or assert a claim beyond the applicable statute of limitations.
By the District. The District covenants and agrees to indemnify and defend Xxxxxx, and to hold Lessee harmless, from and against any and all losses, claims, suits, damages, and expenses (including reasonable attorneys' fees) arising out of the condition of the Site, including, but not limited to, all costs required to be incurred by Xxxxxx as a result of any condition described in Section 4.G. of this Site Lease, unless the condition is caused or created by Xxxxxx, whether or not known to the District on the date of execution of this Site Lease, or unless such cost is contemplated to be paid by Lessee pursuant to the provisions of the Construction Services Agreement.
By the District. The District represents, warrants, covenants and agrees as a basis for the undertakings on its part contained herein that:
By the District i. If Contractor fails to perform their duties or materially breaches any obligation in the Agreement, and the failure or breach is not corrected within five (5) days of receiving written notice from the District, or immediately upon written notice if the District determines the breach cannot be corrected; or
By the District. Without the prior consent of Vendor, which consent shall not be unreasonably withheld, the District shall not (1) assign, transfer or pledge all or any part of this Agreement or software licensed by Vendor, or (2) resell, lease, lend or permit a lien or encumbrance of any kind against the equipment unless the District has obtained title to the equipment free and clear of any Vendor security interest.
By the District. As applied to a termination notice delivered by the District, “Cause” means WANRack’s continuing failure or refusal to perform any material obligation under this Agreement within thirty (30) days after WANRack receives written notice from the District of such failure or refusal.
By the District. The committee shall function under the direction of the Administrator of High School Instruction Division of Instruction The District’s committee members will include the and Coordinator, Ethnic Studies, Humanities, and related Social Studies and will meet a minimum of two (2) six (6) three (3) times per year. The Ethnic Studies Committee shall have the following responsibilities:
By the District. The District makes the following representations as of the Effective Date of this Agreement as a basis for the undertakings pursuant to this Agreement:
By the District. District will make financial oversight, pass through of funds, and program assistance available to Grantee.
By the District. The District represents and warrants to the Temple that (i) the District has fee simple title to the District Tract, subject only to the matters of record in the Real Property Records of Tarrant County, Texas, (ii) the person executing this Agreement on behalf of the District has been duly authorized to sign this Agreement by appropriate action, and (iii) no consent or approval of any third party is required for the execution and performance of this Agreement by the District.
