Threat to Persons or Property Sample Clauses

Threat to Persons or Property. In the event, and in IXC's sole determination, if PSINet's fiber, POP-to-POP Interconnect Facilities or Equipment poses an immediate threat to the safety of IXC employees or the public, interferes with the performance of IXC's service obligations, or poses and immediate threat to the physical integrity of IXC's facilities, IXC may perform such work and/or take such action that it deems necessary without notice to PSINet and without subjecting itself to any liability for damage to the fiber, POP-to- POP Interconnect Facilities or the Equipment or for any interruption of PSINet's services. As soon as practicable thereafter, IXC shall advise PSINet in writing of the work performed or the action taken. PSINet shall reimburse IXC for all expenses incurred by IXC associated with any work or action performed by IXC pursuant hereto. PSINet shall remit payment to IXC within thirty days from its receipt of IXC's invoice therefor.
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Threat to Persons or Property. If Xxxxxxxx reasonably determines that WinStar's actions or failure to fulfill an obligation of these Collocation Provisions, or its Interconnect Facilities or WinStar Equipment poses an immediate threat to the safety of Xxxxxxxx' employees or the public, interferes with the performance of Xxxxxxxx' service obligations, or poses an immediate threat to the physical integrity of Xxxxxxxx' facilities, Xxxxxxxx may perform such work and/or take such action that it deems necessary without notice to WinStar and without subjecting itself to any liability (except to the extent the Agreement permits recovery for Xxxxxxxx' negligence) for damage to the fiber, Interconnect Facilities or the WinStar Equipment or for any interruption of WinStar's services. As soon as practicable thereafter, Xxxxxxxx shall advise WinStar in writing of the work performed or the action taken. WinStar shall reimburse Xxxxxxxx for all expenses reasonably incurred by Xxxxxxxx associated with any work or action performed by Xxxxxxxx pursuant hereto. WinStar shall remit payment to Xxxxxxxx within thirty (30) days from its receipt of Xxxxxxxx' invoice therefor.
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Threat to Persons or Property. If Williams, xx xxx reasonable discretion, determines that CTC's actions or failure to fulfill an obligation of these Collocation Provisions, or its Interconnect Facilities or CTC Equipment poses an immediate threat to the safety of Williams' xxxxxxxes or the public, interferes with the performance of Williams' xxxxxxx obligations, or poses an immediate threat to the physical integrity of Williams' xxxxxxxies, Williams xxx xxxxorm such work and/or take such action that it deems necessary without notice to CTC and without subjecting itself to any liability (except for recovery for Williams' xxxxx xegligence or intentional misconduct) for damage to the fiber, Interconnect Facilities or the CTC Equipment or for any interruption of CTC's services. As soon as practicable thereafter, Williams xxxxx xxvise CTC in writing of the work performed or the action taken. CTC shall reimburse Williams xxx xxx expenses reasonably incurred by Williams xxxxxxxxed with any work or action performed by Williams xxxxxxxx hereto. CTC shall remit payment to Williams xxxxxx xhirty (30) days from its receipt of Williams' xxxxxxx therefor.
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Threat to Persons or Property. If TA determines that Customer's actions or failure to fulfill an obligation of this Agreement, or its Interconnect Facilities URRS Agreement Page 134 Dated: September 9, 0000 Xxxxxxxx X or Customer Equipment poses an immediate threat (i) to the safety of TA's employees or the public, (ii) to the use by other parties of their fiber or equipment, (iii) to the physical integrity of any Selected Site, Facility or other TA's facilities, or the facilities of the other parties, or (iv) materially interferes with the performance of TA's service obligations for the Selected Site, TA shall give notice to Customer, and in the event that Customer does not take immediate action to cure such threat, TA may perform such work and/or take such action that it deems necessary without notice to Customer and without subjecting itself to any liability for damage to Customer fiber, Interconnect Facilities or the Customer Equipment or for any interruption of Customer's services, except to the extent caused by TA's gross negligence or willful misconduct. As soon as practicable thereafter, TA shall advise Customer in writing of the work performed or the action taken. Customer shall reimburse TA for all expenses reasonably incurred by TA associated with any work or action performed by TA pursuant hereto. Customer shall remit payment to TA within thirty (30) days from its receipt of TA's invoice therefor.
Sample 1
Threat to Persons or Property. The Contractor shall be entitled to switch off the Customer Equipment:
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Related to Threat to Persons or Property

  • No Material Actions or Proceedings Except as disclosed in the Prospectus, there are no legal or governmental actions, suits or proceedings pending or, to the best of the Company’s knowledge, threatened (i) against or affecting the Company or any of its subsidiaries, (ii) which has as the subject thereof any officer or director of, or property owned or leased by, the Company or any of its subsidiaries or (iii) relating to environmental or discrimination matters, where in any such case (A) there is a reasonable possibility that such action, suit or proceeding might be determined adversely to the Company or such subsidiary and (B) any such action, suit or proceeding, if so determined adversely, would reasonably be expected to result in a Material Adverse Change or adversely affect the consummation of the transactions contemplated by this Agreement. No material labor dispute with the employees of the Company or any of its subsidiaries exists or, to the best of the Company’s knowledge, is threatened or imminent.

  • Actions or Proceedings As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that might materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Shares, (iv) that might result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Shares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(g) arising or occurring on or after the initial Effective Date.

  • No Joint Venture or Partnership; No Third Party Beneficiaries (a) Borrower and Lender intend that the relationships created hereunder and under the other Loan Documents be solely that of borrower and lender. Nothing herein or therein is intended to create a joint venture, partnership, tenancy-in-common, or joint tenancy relationship between Borrower and Lender nor to grant Lender any interest in the Property other than that of mortgagee, beneficiary or lender.

  • Legal Actions or Proceedings No legal action or proceeding shall have been instituted or threatened seeking to restrain, prohibit, invalidate or otherwise affect the consummation of the transactions contemplated hereby.

  • Audits, Investigations or Claims To the knowledge of the Company, no deficiencies for Taxes of the Company or the Company Subsidiary have been claimed, proposed or assessed by any taxing or other governmental authority. There are no pending or, to the knowledge of the Company, threatened audits, assessments or other Actions for or relating to any Liability in respect of Taxes of the Company or the Company Subsidiary, and there are no matters under discussion with any governmental authorities, or known to the Company, with respect to Taxes that are likely to result in an additional Liability for Taxes with respect to the Company or the Company Subsidiary. Audits of federal, state, local and foreign Tax Returns by the relevant taxing authorities have been completed for the periods set forth on Disclosure Schedule 3.23(c) and, except as set forth in such Disclosure Schedule, none of the Company, the Company Subsidiary and their predecessors have been notified that any taxing authority intends to audit a Tax Return for any other period.

  • No Punitive Damages Each party agrees that it shall not have a remedy of punitive or exemplary damages against the other in any Dispute and hereby waives any right or claim to punitive or exemplary damages it may have now or which may arise in the future in connection with any Dispute, whether the Dispute is resolved by arbitration or judicially.

  • No Actions or Proceedings No action, proceeding, investigation, regulation or legislation shall have been instituted, threatened or proposed before any court, governmental agency or legislative body to enjoin, restrain or prohibit, or to obtain damages in respect of, this Agreement, the other Loan Documents or the consummation of the transactions contemplated hereby or thereby or which, in the Agent's sole discretion, would make it inadvisable to consummate the transactions contemplated by this Agreement or any of the other Loan Documents.

  • No Consequential or Punitive Damages Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.

  • Title to Personal Property Each of the Company and its subsidiaries has good and marketable title to, or have valid and marketable rights to lease or otherwise use, all items of personal property owned or leased (as applicable) by them, in each case free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use made and proposed to be made of such property by the Company and its subsidiaries or (ii) could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

  • No Additional Representations or Warranties EXCEPT AS PROVIDED IN THIS ARTICLE III, NONE OF SELLER, COMPANY, COMPANY’S SUBSIDIARIES NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, MEMBERS OR OTHER REPRESENTATIVES HAS MADE, OR IS MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER TO ACQUIROR OR ITS AFFILIATES AND NO SUCH PARTY SHALL BE LIABLE IN RESPECT OF THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO ACQUIROR OR ITS AFFILIATES. WITHOUT LIMITING THE FOREGOING, ACQUIROR ACKNOWLEDGES THAT IT, TOGETHER WITH ITS ADVISORS, HAS MADE ITS OWN INVESTIGATION OF COMPANY, ITS SUBSIDIARIES AND THE BUSINESS AND IS NOT RELYING ON ANY IMPLIED WARRANTIES OR UPON ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE PROSPECTS (FINANCIAL OR OTHERWISE) OR THE VIABILITY OR LIKELIHOOD OF SUCCESS OF THE BUSINESS OF COMPANY AND ITS SUBSIDIARIES AS CONDUCTED AFTER THE CLOSING, AS CONTAINED IN ANY MATERIALS PROVIDED BY SELLER, COMPANY, COMPANY’S SUBSIDIARIES OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, MEMBERS OR OTHER REPRESENTATIVES OR OTHERWISE, EXCEPT IN EACH CASE THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT. FOR THE PURPOSES HEREIN, ANY INFORMATION PROVIDED TO, OR MADE AVAILABLE TO, ACQUIROR BY OR ON BEHALF OF SELLER, COMPANY OR COMPANY’S SUBSIDIARIES OR THEIR RESPECTIVE AFFILIATES SHALL INCLUDE ANY AND ALL INFORMATION THAT IS CONTAINED OR POSTED IN ANY ELECTRONIC DATA ROOM ESTABLISHED BY SELLER OR ITS REPRESENTATIVES IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

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