Absence of Insurance. The obligations of Grantor under this Deed of Trust and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary by reason of any event as to which Grantor is obligated to indemnify Beneficiary, then, upon demand by Beneficiary, Grantor, at Grantor’s sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's name, if necessary, by such attorneys as Beneficiary shall approve. Notwithstanding the foregoing, Beneficiary may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of Trust.
Absence of Insurance. The obligations of Mortgagor under this Mortgage and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Mortgagee by reason of any event as to which Mortgagor is obligated to indemnify Mortgagee, then, upon demand by Mortgagee, Mortgagor, at Mortgagor’s sole cost and expense, shall resist or defend such claim, action or proceeding in Mortgagee’s name, if necessary, by such attorneys as Mortgagee shall approve. Notwithstanding the foregoing, Mortgagee may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Mortgagor shall pay the reasonable out-of-pocket fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Mortgage.
Absence of Insurance. The obligations of Buyer under this Article VIII shall not be affected in any way by the absence in any case of covering insurance or by the failure or refusal of any insurance carrier to perform any obligation on its part under insurance policies affecting the SRC Property or any part thereof.
Absence of Insurance. In the event XXXX fails to provide OWNER with the insurance described in Articles 8.1 and 8.2, no work shall commence. If the coverage required by XXXX is canceled, all Work shall stop immediately, until the problem is resolved.
Absence of Insurance. If the CONTRACTOR allows the insurance to lapse, be cancelled, or be reduced below the limits specified in this article, the Contractor shall cause all work in the Project to cease and any delays or expenses caused due to stopping of work and change of insurance shall be considered CONTRACTOR's delay and shall not be considered to increase cost to the City or increase time in which the Project shall be completed.
Absence of Insurance. If the Tenant allows the insurance to lapse, be cancelled, or be reduced below the limits specified in this article, the Tenant shall cause all operations on the Premises to cease and any delays or expenses caused due to stopping of work and change of insurance shall be considered Tenant's delay and shall not be considered to increase cost to the City or increase time in which the Premises shall be Agreementd. Tenant agrees that if it does not keep the aforesaid insurance in full force and effect, City may immediately terminate this Agreement.
Absence of Insurance. If the Contractor allows the insurance to lapse, be cancelled, or be reduced below the limits specified in this article, the Contractor shall cause all work in the Project to cease and any delays or expenses caused due to stopping of work and change of insurance shall be considered Contractor's delay and shall not be considered to increase cost to the City or increase time in which the Project shall be completed. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may immediately terminate this Agreement EXHIBIT B – SCOPE OF WORK IFB NO. 2216 ON-CALL PAVEMENT STRIPING AND MARKING The Successful Bidder (Contractor) shall furnish all materials, labor, tools, equipment, supervision, transportation, handling, traffic control, and other incidentals necessary to complete the On-Call Pavement Striping and Marking, as required by the City of Milpitas, successfully. The City of Milpitas anticipates an ongoing demand for emergency pavement repair work to be completed at various sites throughout the City. The purpose of this quote is to establish contract pricing to meet future needs as they arise at the various sites. Work is generally performed in a monthly work order nature and the size of each project will vary.
Absence of Insurance. If the Contractor allows the insurance to lapse, be cancelled, or be reduced below the limits specified in this article, the Contractor shall cause all work in the Project to cease and any delays or expenses caused due to stopping of work and change of insurance shall be considered Contractor's delay and shall not be considered to increase cost to the City or increase time in which the Project shall be completed. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may immediately terminate this Agreement EXHIBIT E - NOTICE OF EXERCISE OF OPTION TO EXTEND AVOLVE SUPPORT TERM AGREEMENT TITLE and DATE: Avolve Software Corporation Electronic Plan Check Software 6/28/2017 CONTRACTOR Name and Address: Avolve Software Corporation 0000 Xxxx Xxxxxx Xxxx, Xxx. 000 Xxxxxxxxxx, XX 00000 DATE OF OPTION: (date the notice is sent must be consistent with the time for exercise set forth in Agreement) Pursuant to the Terms and Conditions of the Agreement referenced above, the City of Milpitas hereby exercises its option to renew software maintenance/support services under the following provisions: OPTION NO. NEW OPTION TERM Begin date: End date: For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed $29,506.55 and reimbursable expenses, if any. The undersigned signing on behalf of the City of Milpitas hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.
Absence of Insurance. The obligations of Trustor under this Deed of Trust and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary or the other Note Holders by reason of any event as to which Trustor is obligated to indemnify Beneficiary and the other Note Holders, then, upon demand by Beneficiary, Trustor, at Trustor's sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's name, or such other Note Holder's name, as the case may be, if necessary, by such attorneys as Beneficiary and the other Note Holders shall approve. Notwithstanding the foregoing, Beneficiary and the other Note Holders may engage their own attorneys, in their discretion, to defend it or to assist in its defense, and Trustor shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of Trust.
Absence of Insurance. 30 1.11 Further Sales or Encumbrances............................................... 30 A. Continuing Ownership and Management.................................... 30 B. Transfer or Encumbrance of Secured Property............................ 30 C.
