Acceptance of Relief Constitutes Release Sample Clauses

Acceptance of Relief Constitutes Release. The Company’s acceptance of any Service Fee, performance or schedule relief under this Section shall be construed as a release of the County by the Company (and all persons claiming by, through or under the Company) for any and all Loss-and-Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed.
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Acceptance of Relief Constitutes Release. The Manager's acceptance of compensation or schedule relief under this Section shall be construed as a release of the Authority by the Manager (and all persons claiming by, through, or under the Manager) for any and all Loss-and-Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed.
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Acceptance of Relief Constitutes Release. The Company’s acceptance of any performance, price or schedule adjustment under this Section shall be construed as a release of the City by the Company (and all persons claiming by, through, or under the Company) from any and all losses or expenses resulting from, or otherwise attributable to, the event giving rise to the adjustment claimed.
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Acceptance of Relief Constitutes Release. The Design-Build Contractor’s acceptance of any performance, price or schedule relief under this Section shall be construed as a release of the Sewer District by the Design-Build Contractor (and all persons claiming by, through, or under the Design-Build Contractor) for any and all Loss-and-Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed.
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Acceptance of Relief Constitutes Release. The Manager's acceptance of schedule or performance relief under this Section shall be construed as a release of LIPA by the Manager (and all persons claiming by, through, or under the Manager) for any and all Loss-and-Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed.
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Acceptance of Relief Constitutes Release. Either Party’s acceptance of any performance, price or schedule relief under this section shall be construed as a release of the other Party for any and all direct and indirect loss and expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed.
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Acceptance of Relief Constitutes Release. In the event of an Un controllable Circumstance, the Borough may provide the Compan y with a written offer of a combination of performance, price or schedule relief under this Section. Within five days of receiving such offer, the Company shall provide the Borough with written notice accepting or rejecting such offer. The
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Acceptance of Relief Constitutes Release. In the event of an Uncontrollable Circumstance, the Lessor m ay provide the Lessee with a written offer of a combination of performance, price or schedule relief as provided in Sections 15.2 , 15.3 , 15.4 and 15.5 , as appropriate. W ithin five days of receiving such offer, the Lessee shall provide the Lessor with written notice accepting or rejecting such offer. The Lessee's acceptance of the Lessor's offer of performance, price or schedule relief under Sections 15.2, 15.3, 15.4 and 15.5 shall be construed as a release of the Lessor by the Lessee (and all persons claiming by, through, or under the Lessee) for any and all Loss-and-Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed. If the Lessee rejects the Lessor's offer, any dispute regarding the nature of relief to be granted for such event shall be resolved as provided in Sections 14.11 and 14.12; provided that the parties may agree to certain partial relief in response to such an Uncontrollable Circum stance, while retaining their respective positions w ith respect to the provision of other appropriate relief. During the pendency of any such dispute, any action by the Lessee in proceeding with performance of the Lessee Responsibilities or ICI Design/Build Work shall not be deemed "acceptance" of th e Lessor's offer or a release of the Lessor for any and all Loss-and-Expense resulting from , or otherw ise attributable to, the event.
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Related to Acceptance of Relief Constitutes Release

  • Acceptance of Appointment; Standard of Performance Adviser accepts the appointment as discretionary portfolio manager and agrees to use its best professional judgment to make timely investment decisions for the Fund in accordance with the provisions of this Agreement.

  • Performance of Agreement Seller and its Affiliates shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.

  • No Construction as Employment Agreement Nothing contained in this Agreement shall be construed as giving Indemnitee any right to be retained in the employ of the Company or any of its subsidiaries.

  • Notification of Acceptance of General Offer of Terms Upon execution of Exhibit E, General Offer of Terms, Subscribing LEA shall provide notice of such acceptance in writing and given by personal delivery, or e-mail transmission (if contact information is provided for the specific mode of delivery), or first class mail, postage prepaid, to the designated representative below.

  • No Consideration Absent Execution of this Agreement Employee understands and agrees that Employee would not receive the monies and/or benefits specified in paragraph “2” above, except for Employee’s execution of this Agreement and the fulfillment of the promises contained herein.

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Notification of Recall Notification of recall from layoff shall be sent by certified mail, return receipt requested, deliverable to addressee only, to the employee's last known address. The notice shall give the employee a minimum of ten (10) calendar days within which to respond after the notice of recall has been mailed. Employees who decline recall or who, in the absence of extenuating circumstances, fail to respond within the time set for return to work, shall be presumed to have resigned and their name shall be removed from the seniority and preferred eligibility list.

  • Integration; Binding Effect; Survival of Termination This Agreement and the other Transaction Documents contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until the Final Payout Date; provided, however, that the provisions of Sections 5.01, 5.02, 5.03, 11.04, 11.06, 12.04, 13.01, 13.02, 14.04, 14.05, 14.06, 14.09, 14.11 and 14.13 shall survive any termination of this Agreement.

  • DETERMINATION OF BREACH AND TERMINATION OF AGREEMENT A. Prior to making a determination that the Applicant has failed to comply in any material respect with the terms of this Agreement or to meet any material obligation under this Agreement, the District shall provide the Applicant with a written notice of the facts which it believes have caused the breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, the Applicant shall be given ninety (90) days to present any facts or arguments to the Board of Trustees showing that it is not in breach of its obligations under this Agreement, or that it has cured or undertaken to cure any such breach. B. If the Board of Trustees is not satisfied with such response or that such breach has been cured, then the Board of Trustees shall, after reasonable notice to the Applicant, conduct a hearing called and held for the purpose of determining whether such breach has occurred and, if so, whether such breach has been cured. At any such hearing, the Applicant shall have the opportunity, together with their counsel, to be heard before the Board of Trustees. At the hearing, the Board of Trustees shall make findings as to: i. whether or not a breach of this Agreement has occurred; ii. whether or not such breach is a Material Breach; iii. the date such breach occurred, if any;

  • Performance of the Agreement 2.1 The Designer must make every effort to perform the work commissioned carefully and independently, to promote the client’s interests to the best of his or her ability and to aim to achieve a result that is useful to the client, as can and may be expected of a reasonably and professionally acting designer. To the extent necessary the Designer must keep the client informed of the progress of the work. 2.2 The client must do any and all things that are reasonably necessary or required to enable the Designer to deliver punctually and properly, such as supplying (or causing the supply of) complete, sound and clear data or materials in a timely manner of which the Designer states or of which the client understands or should reasonably understand that they are necessary for the performance of the agreement. 2.3 Terms stated by the Designer for the performance of the work commissioned are approximations only, unless otherwise agreed in writing. 2.4 Unless otherwise agreed, the following do not form part of the work commissioned to the Designer: a. performing tests, applying for permits and assessing whether the client’s instructions comply with statutory or quality standards; b. investigating any existing rights, including patents, trademarks, drawing or design rights or portrait rights of third parties; and c. investigating the possibility of the forms of protection referred to in (b) for the Client. 2.5 Prior to performance, production, reproduction or publication, the parties must give each other the opportunity to check and approve the final draft, prototypes or galley proofs of the result. 2.6 Differences between the (final) result and the agreements made cannot serve as grounds for rejection, discount, damages or dissolution of the agreement if those differences are reasonably of minor importance, taking all the circumstances into account. 2.7 Any complaints must be filed with the Designer in writing at the earliest possible time but no later than ten business days after completion of the work commissioned, failing which the client is deemed to have accepted the result of the work commissioned in its entirety.

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