Agreement Contingency Sample Clauses

Agreement Contingency. In the event this Agreement is not made effective by February 28th, 2015, including execution by the Parties and approval by the City (i.e., the Effective Date, as defined in Section 2.0), Ting may elect to cancel this Agreement and the Lease without penalty or liability to the City.
Sample 1
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Agreement Contingency. Notwithstanding anything to the contrary herein, Landlord and Tenant hereby acknowledge and agree that this Agreement (and the early termination of the Lease pursuant to the terms of this Agreement) is expressly conditioned upon the execution of a lease agreement (satisfactory to Landlord in its sole and absolute discretion), on or prior to, or concurrently with, the Effective Date, between Landlord and a third party tenant for the lease of the Premises (the "Third-Party Lease"). The foregoing condition is for the sole benefit of Landlord and, accordingly, may be waived only by Landlord (in its sole and absolute discretion) in writing, and not by Tenant or any other party. If the foregoing condition is not satisfied or waived in writing by Landlord, then the other terms and conditions of this Agreement shall be null and void and of no force or effect, unless otherwise designated by Landlord within ten (10) business days after the Effective Date.
Sample 1
Agreement Contingency. The effectiveness of this Agreement is expressly contingent upon Contractor signing a release substantially in the form attached hereto as Exhibit A, said release to be signed by both parties and effective on and as of December 31, 2003. If Contractor fails to sign said release, this Agreement will not become effective and will be of no force or effect.
Sample 1
Agreement Contingency. Tenant intends to relocate to the building located at 1315 O’Brien Drive, Menlo Park, California (the “O’Brien Building”). In order for Tenant to LEGAL_US_W # 81933398.12 3 relocate to the O’Brien Building, the owner of the O’Brien Building will be required to obtain from the City of Menlo Park, California (the “City”) an architectural approval and a change of use permit which would allow Tenant to operate its business from within, and make certain improvements to, the O’Brien Building (collectively, the “CUP”). Receipt of the CUP in final, non-appealable form on or before September 30, 2015 (the “Contingency Date”) is referred to in this Amendment as the “CUP Contingency”. The terms and conditions of this Agreement are subject to the satisfaction or waiver (whether affirmative or deemed) by Tenant of the CUP Contingency by the Contingency Date. a. If (i) (1) the CUP is received by September 15, 2015 and (2) no appeal is made to the issuance of the CUP within the fifteen (15) day appeal period provided pursuant to the City’s Municipal Code (the “Appeal Period”) or (ii) (1) the CUP is received by September 15, 2015, (2) an appeal is made to the issuance of the CUP within the Appeal Period, and (3) the City subsequently affirms the CUP in all material respects on or before the Contingency Date, then, in either case, the CUP Contingency will be automatically deemed satisfied. Tenant shall provide Landlord notice of (x) receipt of the CUP within two (2) business days following the occurrence thereof and (y) the satisfaction of the CUP Contingency within two (2) business days thereof (the “Contingency Notice”), although the failure of Tenant to provide such notice shall not have any effect on the satisfaction of the CUP Contingency. In addition, at any time prior to the Contingency Date, Tenant may deliver a notice to Landlord waiving the CUP Contingency (which shall also be deemed a Contingency Notice). b. If prior to the Contingency Date the City reaches a final, non-appealable decision not to grant the CUP, then on or before October 2, 2015 Tenant may deliver written notice to Landlord (the “CUP Failure Notice”) that the CUP Contingency has not been satisfied. In addition, if (i) the CUP is not received by September 15, 2015 or (ii) (1) the CUP is received by September 15, 2015, (2) an appeal is made to the issuance of the CUP within the Appeal Period, and (3) the City has not subsequently affirmed the CUP in all material respects on or before the Contingenc...
Sample 1
Agreement Contingency. This Agreement is contingent on Closing as required by the Acquisition Agreements. If the Acquisition Agreements are terminated without the Closing having occurred, this Agreement will terminate, except that it will continue in full force and effect as to any obligations or disputes that arose under the Acquisition Agreements or under this Agreement prior to or as part of such termination.
Sample 1
Agreement Contingency. This AGREEMENT, and the promises and covenants contained herein, is contingent upon CWU obtaining, within 30 days after the Effective Date, approval by its accrediting agency, the Northwest Commission on College and Universities (NWCCU), of CWU’s request pursuant to 34 CFR § 602.22 for NWCCU approval of applicable substantive program changes relating to CWU’s intended educational program offerings at the Premises. If NWCCU approval is not obtained within 30 days of the Effective Date, this Agreement shall be terminated and subject to the provisions of Section 23.a(i) and (ii). The notice provision in Section 23.a. shall not be applicable.
Sample 1

Related to Agreement Contingency

  • BUDGET CONTINGENCY If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State to make any payments under this Grant Agreement. In this event, the State shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement and the Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to the State, or offer a Grant Agreement amendment to the Grantee to reflect the reduced amount.

  • Financing Contingency The Buyer’s obligations herein are contingent on the Buyer’s obtaining financing to pay the balance on the Purchase Price. The Buyer must present to the Seller a binding commitment for financing the purchase of the Property within days from the Effective date. The terms of the financing must be acceptable to and approved by the Buyer who shall not unreasonably withhold such approval. In the event that the Buyer fails to obtain financing within the time allotted, this Agreement shall automatically terminated and all funds paid by the Buyer shall be returned to the Buyer after deducting all reasonable costs incurred by the Seller in good faith in relation this Agreement.

  • Construction Contingency The proposed GMP Change Order shall include, as a separately identified item, a Construction Contingency sum in an initial amount (subject to increase or decrease) against which Design-Builder can draw at its election for the purposes set forth in Section 4 Part 4. The initial Construction Contingency sum shall include the contingency amounts stated in all accepted Component Change Orders.

  • MORTGAGE CONTINGENCY A. This agreement is contingent upon Purchaser obtaining approval of a Conventional, FHA or VA (if FHA or VA, see attached required addendum) or mortgage loan of $ for a term of no more than years at an initial fixed or adjustable nominal interest rate not to exceed % (percent). Purchaser agrees to use diligent efforts to obtain said approval and shall apply for the mortgage loan within business days after the Seller has accepted this contract. Purchaser agrees to apply for such mortgage loan to at least one lending institution or licensed mortgage broker. Upon receipt of a written mortgage commitment or in the event Purchaser chooses to waive this mortgage contingency, Purchaser shall provide notice in writing to of Purchaser’s receipt of the mortgage commitment or of Purchaser’s waiving of this contingency. Upon receipt of such notice this contingency shall be deemed waived or satisfied as the case may be. In the event notice as called for in the preceding sentence has not been received on or before , , then either Purchaser or Seller may within five business days of such date terminate, or the parties may mutually agree to extend, this contract by written notice to . Upon receipt of termination notice from either party, and in the case of notice by the Purchaser, proof of Purchaser’s inability to obtain said mortgage approval, this agreement shall be cancelled, null and void, and all deposits made hereunder shall be returned to the Purchaser.

  • No Financing Contingency By participating in this auction, bidders hereby agree that their bid shall NOT be subject to the bidder’s ability to obtain financing. Financing is NOT a contingency in the purchase agreement. However, if a bidder decides to purchase property with a loan, they should make sure they are approved for a loan and that lender is capable of completing on or before closing date.

  • FUNDING CONTINGENCY a. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to completion of the work in this Contract, DCYF may: (1) Terminate this Contract with ten (10) days advance notice. If this Contract is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination; (2) Renegotiate the terms of the Contract under the new funding limitations and conditions; (3) After a review of project expenditures and deliverable status, extend the end date of this Contract and postpone deliverables or portions of deliverables; or (4) Pursue such other alternatives as the parties mutually agree to in writing. b. Any termination under this Section (FUNDING CONTINGENCY) shall be considered a Termination for Convenience.

  • AGREEMENT MANAGEMENT Pinellas Community Foundation designates the following person(s) as the liaison for the Xxxxxx Xxxxxx, CEO Pinellas Community Foundation

  • Management Contracts The Recipient agrees that from the date hereof until the date on which none of the Infrastructure Bonds, of which the proceeds were used to pay or reimburse the costs of the Project, remain outstanding (the "Agreement Term"): a. The Recipient will not contract with any Private Person to manage the Project or any portion thereof unless all of the following conditions are met: (A) at least 50% of the compensation of the Private Person is based on a periodic, fixed fee that contains no incentive adjustments, and no amount of compensation is based on a share of net profits; (B) the compensation is reasonable in relation to the services performed; (C) the term of the contract does not exceed five (5) years (including any renewal option periods provided for in the contract); (D) if the term of the contract exceeds three (3) years, the Recipient is able to cancel the contract without penalty or cause at the end of each three-year period of the contract; (E) any automatic increases in the periodic, fixed fee may not exceed the percentage increases determined by an external standard set forth in the contract for computing increases; and (F) any new contract with a Private Person which is subject to this subparagraph F.2. will be subject to the requirements of (A) through (F) of this subparagraph F.2.a.; and b. If the Recipient is subject to subparagraph F.2.a. above and it enters into contracts with Private Persons described in subparagraph F.2.a., and the Governing Body of the recipient numbers five (5) or more members, no more than one (1) member of the Governing Body of the Recipient may be an employee or member of the Governing Body of the Private Person. If the Governing Body of the Recipient numbers less than five (5), no member of the Governing Body of the Recipient may be an employee or member of the Governing Body of the Private Person. Similarly, if the Governing Body of the Private Person numbers five (5) or more members, no more than one (1) of those members may be an employee or member of the Governing Body of the Recipient. However, in no event may a member or employee of both the Recipient and Private Person be the Chief Executive Officer or its equivalent of the Recipient or the Private Person. Members of the Governing Body of the Recipient may not own a controlling interest in the Private Person.

  • Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

  • Management Agreement The Management Agreement is in full force and effect and there is no default thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

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