Not Binding Until Executed The submission by Landlord to Tenant of this Lease shall have no binding force or effect, shall not constitute an option for the leasing of the Premises, nor confer any right or impose any obligations upon either party until execution of this Lease by both parties.
Non-Binding Unless expressly authorised in writing by the Group-Wide Lenders and then on such terms and conditions as the Group-Wide Lenders may require, the Steering Committee shall not negotiate the terms of or enter into any agreement on behalf of the Group-Wide Lenders of any of them. This Clause 19 and Clause 14.4 may be relied upon by any member of the Steering Committee notwithstanding the provisions of Clause 17.11.
Agreement Binding This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
AGREEMENT BINDING UPON THE PARTIES This Agreement shall bind the Insured and the Bank, their heirs, successors, personal representatives and assigns.
Terms Binding By acceptance of this Warrant, the Holder accepts and agrees to be bound by all the terms and conditions of this Warrant.
Indemnitee Rights on Unfavorable Determination; Binding Effect If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.
Agreement Binding Upon Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns, executors, trustees or other legal representatives, but the rights and obligations of the parties hereunder may not be Transferred or delegated except as provided in this Agreement and any attempted Transfer or delegation thereof that is not made pursuant to the terms of this Agreement shall be void.
Obligations Binding Its obligations under this Agreement and any Credit Support Document to which it is a party constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganisation, insolvency, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)).
Non-Binding Mediation Except as provided in Section 19.5, if the dispute is not settled or resolved pursuant to Section 19.2, the Parties shall endeavor to settle the dispute in an amicable manner, using non-binding mediation under the rules of JAMS before having recourse in a court of law. Each Party shall be responsible for the expenses of such Party's participants, consultants, experts or representatives and shall be paid by the Party producing such participants, consultants, experts or representatives. All other expenses of the mediation, including required travel and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties, unless they agree otherwise. Any resultant agreements from mediation shall be documented in writing. All mediation proceedings, results, and documentation shall be inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Codes Sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by all Parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. The mediator must have substantial experience with the water utility/treatment industry, including both publicly-owned and privately-owned water utilities. If any of the matters or issues involved in any dispute are outside the scope of expertise of the mediator, the mediator shall have the right to retain and rely on one or more experts with respect to the applicable matter or issue requiring expert advice. Any person selected as an expert shall be knowledgeable and experienced in the matters sought to be mediated and shall have no affiliation with the Parties; provided, however, the expert may have been utilized by either Party as a consultant not more recently than twelve (12) months prior to the time of engagement if the mediator determines that such expert will provide services unbiased by such prior consulting relationship. Mediation shall be completed within 60 days after request for the mediation by either Party, unless the parties to the mediation otherwise agree in writing. If the subject matter of the dispute relates to a very time sensitive issue, the Parties shall reasonably cooperate with one another to expedite the above-described mediation.
Final and Binding The determination of the expert will, except for fraud or manifest error, be final and binding upon the parties.
