BUSINESS RISKS Sample Clauses
BUSINESS RISKS. THE ACKNOWLEDGING PARTY (A) IS A SOPHISTICATED PERSON, WITH SUBSTANTIAL EXPERIENCE IN THE OWNERSHIP AND OPERATION OF COMMERCIAL DEVELOPMENT PROJECTS; (B) RECOGNIZES THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT INVOLVE SUBSTANTIAL BUSINESS RISKS; AND (C) HAS MADE AN INDEPENDENT INVESTIGATION OF ALL ASPECTS OF THIS AGREEMENT SUCH PARTY DEEMS NECESSARY OR ADVISABLE. 18.7.3 NO ADDITIONAL REPRESENTATIONS OR WARRANTIES. NO PARTY HAS MADE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND WHATSOEVER TO ANY OTHER PARTY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND NO PERSON IS AUTHORIZED TO MAKE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTIES ON BEHALF OF A PARTY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
BUSINESS RISKS. Except as expressly provided in this Agreement, the Concessionaire shall carry out and perform its rights and obligations under this Agreement and the other Transaction Documents at its own cost and risk. The Concessionaire shall be fully responsible for and shall bear the financial, commercial and business risks in relation to the Project and all its rights and obligations under or pursuant to this Agreement and the other Transaction Documents.
BUSINESS RISKS. NJNG is subject to a number of ongoing business risks. These risks and the RMC’s approved strategies to mitigate these risks are identified below.
BUSINESS RISKS. Termination TxDOT may terminate for public convenience at any time. TxDOT must pay the Maintenance Contractor amounts owing for services performed through the termination date plus reasonable costs to terminate subcontracts not assigned to TxDOT and other reasonable settlement costs, which in aggregate will not exceed the price to complete services for the remainder of the Maintenance Period.
BUSINESS RISKS. THE ACKNOWLEDGING PARTY (A) IS A SOPHISTICATED PERSON, WITH SUBSTANTIAL EXPERIENCE IN THE OWNERSHIP AND OPERATION OF HOTELS AND CASINOS; (B) RECOGNIZES THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT INVOLVE SUBSTANTIAL BUSINESS RISKS; AND (C) HAS MADE AN INDEPENDENT INVESTIGATION OF ALL ASPECTS OF THIS AGREEMENT SUCH PARTY DEEMS NECESSARY OR ADVISABLE.
BUSINESS RISKS. Except as expressly provided in this Agreement, the Authorisee shall carry out and perform its rights and obligations under this Agreement and the other Transaction Documents at its own cost and risk. The Authorisee shall be fully responsible for and shall bear the financial, commercial and business risks in relation to the Project and all its rights and obligations under or pursuant to this Agreement and the other Transaction Documents.
BUSINESS RISKS. There is a probability that the Token PNT may get depreciated, which may happen for different reasons. The Company does not give any guarantees that the Application will be on high demand or promises / representations that Token will increase in price. PHENOM PLATFORM also does not give any guarantees that Token will be used outside the Platform, as PNT is a Utility token;
BUSINESS RISKS. Franchisee acknowledges and agrees that: (i) it has conducted an independent investigation of the business contemplated by this Agreement; (ii) it understands that such business involves business risks; and (iii) it understands that making a success of Franchisee’s Restaurant depends largely on Franchisee’s business skill, effort, and business acumen.
BUSINESS RISKS. 7.1 Termination TxDOT may terminate for convenience at any time. TxDOT must pay the DB Contractor amounts owing for services performed through the termination date plus reasonable costs to terminate subcontracts not assigned to TxDOT and other reasonable settlement costs. If TxDOT elects not to issue any of the Maintenance NTPs, including Maintenance NTP1, it shall not be considered a termination for convenience and TxDOT shall not incur any termination costs.
7.2 Traffic Control Plan The DB Contractor must submit a Traffic Control Plan before implementing and Lane Rental Charges any Lane Closure. TxDOT has the right to refuse such closure, for example if it would coincide with a closure already planned by TxDOT or another entity. The DB Contractor agrees to pay TxDOT Lane Rental Charges for Lane Closures in an amount that varies by time of day and by number of lanes closed to encourage the DB Contractor to carry out Maintenance Services at times that will be least disruptive. The DB Contractor is excused charges for matters outside of its control such as Force Majeure Events.
7.3 Noncompliance Events The DB Contractor may be assessed Noncompliance Points for failure to meet specified obligations set forth in the Noncompliance Events Table to the CMA. Typical examples include the failure to remedy a Defect within the required period or the failure to deliver a Submittal within the required time. Upon assessment of the tenth Noncompliance Point and upon assessment of each additional ten Noncompliance Points, TxDOT may deduct Noncompliance Charges from the amounts due to the DB Contractor in an amount to be set forth in the CMA. The persistent accumulation of Noncompliance Points exceeding a specified number within a rolling time period may result in a Persistent Contractor Default.
7.4 CMA Warranties The Warranties require that the Maintenance Services and all design and construction work performed in connection with such services must meet all the CMA requirements, be free from Defects and fit for purpose. The Warranty Period for Maintenance Services commences at the conclusion of the Maintenance Period. The Warranties apply to all Maintenance Services for each Maintenance Term during which the Maintenance Services were provided. All Warranties remain in effect until one year after the conclusion of the final Maintenance Term. For Maintained Elements repaired, replaced or corrected under the Warranty, such Elements are warranted for a further period, not t...
BUSINESS RISKS. As in any business venture, the Joint Venture is subject to inherent risk in business and industry including but not limited to those associated with changes in the economic, political and regulatory conditions such as changes to government policies and administration, interest rates, taxes and exchange control regulations. In addition, there is no assurance that the anticipated benefits of the Joint Venture will be realised or that the Company will be able to generate sufficient revenues from the Joint Venture to offset the associated costs incurred. Nevertheless, Xxxxxxx will continue to exercise due care in considering the risks and benefits associated with the Joint Venture and will undertake appropriate measures to mitigate the various business risks identified.