Availability of Recourse Sample Clauses

Availability of Recourse. Without in any manner limiting the obligations of any party under this Agreement, Seller may, subject to the terms and conditions hereof, (i) accept partial payments from either the Company or Buyer on account of the obligations under this Agreement; (ii) release or substitute either the Company or Buyer, and otherwise deal with either the Company or Buyer as Seller may determine in accordance with the terms hereof and applicable law; (iii) settle or release, either by agreement or by operation of law, either Company or Buyer; and (iv) proceed directly against the property of either the Company or Buyer without proceeding against the other to collect and recover the full amount of the obligations or any portion thereof, and each of Company or Buyer waives any right to require Seller to proceed against the other, or pursue any other remedy in their respective power whatsoever.
Sample 1
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Availability of Recourse. Without in any manner limiting the obligations of any party under this Agreement, Buyer may, subject to the terms and conditions hereof, (i) accept partial payments from any Selling Member on account of the obligations under this Agreement; (ii) release or substitute any Selling Member, and otherwise deal with any Selling Member as Buyer may determine in accordance with the terms hereof and applicable law; (iii) settle or release, either by agreement or by operation of law, any Selling Member; and (iv) proceed directly against the property of any Selling Member without proceeding against any other Selling Member to collect and recover the proportionate amount of the obligations or any portion thereof, and each Selling Member waives any right to require Buyer to proceed against any other Selling Member, or pursue any other remedy whatsoever.
Sample 1
Availability of Recourse. Without in any manner limiting the obligations of any party under this Agreement, FEI or Buyer may, subject to the terms and conditions hereof, (i) accept partial payments from either PSC or Seller on account of the obligations under this Agreement; (ii) release or substitute either PSC or Seller, and otherwise deal with either PSC or Seller as FEI or Buyer may determine in accordance with the terms hereof and applicable law; (iii) settle or release, either by agreement or by operation of law, either PSC or Seller; and (iv) proceed directly against the property of either PSC or Seller without proceeding against the other to collect and recover the full amount of the obligations or any portion thereof, and each of PSC or Seller waives any right to require FEI or Buyer to proceed against the other, or pursue any other remedy in their respective power and permitted by this Agreement or any other Transaction Document.
Sample 1

Related to Availability of Recourse

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

  • Availability of Federal Funds Upon mutual agreement between the Fund on behalf of each applicable Portfolio and the Custodian, the Custodian shall, upon the receipt of Proper Instructions from the Fund on behalf of a Portfolio, make federal funds available to such Portfolio as of specified times agreed upon from time to time by the Fund and the Custodian in the amount of checks received in payment for Shares of such Portfolio which are deposited into the Portfolio's account.

  • Availability of Rule 144 The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

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