ASSOCIATION COVENANTS. 4.1 The Association shall ensure that any and all Grants are used solely and exclusively for costs directly related to the delivery and administration of the Oceanside RCMP Victim Services Program by the Association, or any other victim services programs approved by the Regional District in writing.
4.2 The Association shall at all times while this Agreement is in effect, maintain liability insurance with a minimum amount of $10,000,000 (Ten Million Dollars (CDN)) coverage per occurrence, with the Regional District named as an additional co-insured.
4.3 The Association shall ensure that the insurance referred to in section 4.2 above contains a cross liability clause and a waiver of subrogation clause in favour of the Regional District and shall contain a clause requiring the insurer not to cancel or change the insurance without first giving the Xxxxxxx District thirty (30) days' written notice.
4.4 As required by the Regional District from time to time, the Association shall provide the Regional District with a copy of all policies of insurance required under section 4.2 or if requested by the Regional District, a certificate of insurance signed by an authorized representative of the insurer as evidence of such coverage, accompanied by evidence satisfactory to the Regional District that the premiums in respect to that policy or polices have been paid.
4.5 The Association shall also throughout the Term, at its sole expense, maintain such insurance over vehicles (owned and non-owned) used in the provision of the Oceanside RCMP Victim Services Program or any other victim services programs provided pursuant to this Agreement, as is required under the Insurance (Motor Vehicle) Act of British Columbia, with liability limits of not less than $2,000,000 (Two Million Dollars (CAD)).
4.6 The Association shall at all times strictly adhere to all legal, policy and confidentiality requirements of the Ministry of Public Safety & Solicitor General, and Oceanside RCMP, for the operation of the Oceanside RCMP Victim Services Program and delivery of victim services within the community.
ASSOCIATION COVENANTS. Association represents that it is the owner of the Property and any applicable Association Property, or that Association has the right or license to otherwise grant TurnOnGreen the rights and licenses granted hereunder through a lease or other legally binding agreement or arrangement, and that this Agreement does not violate any agreement, lease or other commitment of Association. Association shall not take any action that would impair or interrupt the use of the Premises, the Association Property (if applicable) or the Trade Fixtures. Association agrees to notify TurnOnGreen within a commercially reasonable time if (i) it has knowledge of actual or anticipated activities by Association or any third party that may impair or constitute misuse of the Premises or Trade Fixtures, or (ii) it obtains knowledge of a needed repair to the Premises or Trade Fixtures. If motorists repeatedly park on the Premises for greater than the permitted duration, then the parties shall TurnOnGreen ether determine and implement an appropriate and effective strategy for preventing such impairment, including, without limitation, alternative signage and painted asphalt. Association shall use commercially reasonable efforts to actively monitor the Premises to ensure that use of the vehicle charging stalls on the Premises is not impaired.
ASSOCIATION COVENANTS. Prior to Closing, the Land shall be --------------------- subjected to Declaration of Covenants for two property owners' associations ("Association(s)") within the Saint Xxxxx DRI (the "Association Covenants"), the Declaration of Covenants and Restrictions for Saint Xxxxx-Northwest Master, attached hereto as an Exhibit, and the Declaration of Covenants and Restrictions for Saint Xxxxx-Northwest Commercial, attached hereto as an Exhibit.
ASSOCIATION COVENANTS. Prior to Closing, the Property shall be subjected to Declaration of Covenants for a property owners, association ("Association") within the Saint Johnx XXX (the "Association Covenants") attached hereto as Exhibit K. The Association Covenants shall provide for normal and customary covenants and assessments for commercial property owners' association including architectural review and assessments for maintenance of drainage and other common area improvements and-common services. Seller shall have the right, in its sole discretion, to modify the Association Covenants; provided, however, Seller shall not be permitted to make any modifications that are material and adverse to Buyer without Buyer's prior written consent. Prior to recording any covenants and restrictions upon the Property, Buyer shall deliver to Seller a copy of the proposed covenants, articles of incorporation and bylaws of the governing association for Seller's approval for consistency with the Association Covenants, Saint Johnx XXX, PUD, surface water permits and the Development Criteria.
ASSOCIATION COVENANTS. AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES OF CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, BODILY INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO ASSOCIATION’S ACTIVITIES UNDER THIS LICENSE AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF ASSOCIATION, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUB-ASSOCIATION OF ASSOCIATION, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS LICENSE AGREEMENT, ALL WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. ASSOCIATION SHALL PROMPTLY ADVISE CITY IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR ASSOCIATION KNOWN TO ASSOCIATION RELATED TO OR ARISING OUT OF ASSOCIATION’S ACTIVITIES UNDER THIS LICENSE AGREEMENT AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT ASSOCIATION’S COST. CITY SHALL HAVE THE RIGHT, AT ITS OPTION, AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING ASSOCIATION OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH.
