By Association Clause Samples

The "By Association" clause establishes that certain rights, obligations, or consequences extend not only to the parties directly involved in the agreement but also to individuals or entities connected to them, such as affiliates, employees, or agents. In practice, this means that actions or breaches by associated parties can impact the primary party’s standing under the contract, and the primary party may be held responsible for the conduct of those with whom they are associated. This clause serves to prevent parties from circumventing contractual responsibilities or liabilities by acting through related third parties, thereby ensuring accountability and comprehensive coverage of the agreement’s terms.
By Association. The Association shall maintain all aspects of all segments of the East-West On-Site Roads constructed by Developer, including drainage, sidewalks and pathways, and rights of way of the East-West On-Site Roads as they are constructed until two years after the Property has received its 500th Certificate of Occupancy, or upon completion and occupancy of 500,000 square feet of commercial building space, and for three (3) years after completion of any other segment completed after the expiration of the two (2) year period after the Property receives its 1,000th Certificate of Occupancy, or upon completion and occupancy of 1,000,000 square feet of commercial building space. Maintenance of the North- South Road shall remain the responsibility of the Association.
By Association. Association represents and warrants to Temple that Association has legal right, power and authority to execute and deliver this Agreement and to perform its obligations hereunder.
By Association. Association may request that Operator disconnect and suspend Bulk Services to up to ten (10) Units on the Property at any one time for Units for which Association has provided to Operator reasonable documentation that each Unit is in foreclosure or delinquent on payment of assessments to the Association, such disconnection and suspension to be without liability to Operator and without reduction in the Bulk Fee for a disconnected Unit during the period of disconnection and suspension. Disconnection is at no charge to the Association. Operator may charge Association a reconnection fee of Fifty Dollars ($50.00) for each Unit that has been disconnected at the request of Association. With respect to any disconnection and suspension request by Association under this Section, Association shall comply with the following: i. Association will notify the Unit owners of the pending disconnection and suspension of Bulk Services in writing at least 10 days in advance of the scheduled suspension of the services (or such other notice period required by law), and will provide a copy of such notice to Operator. ii. Association will provide Operator with a list of the Units whose owners failed to respond to the Association notice prior to any suspension of Bulk Services, and Association will identify which Units are to have Bulk Services suspended. iii. Bulk Service will resume for a suspended Unit at such time as Association notifies Operator that suspended services may be reconnected and payment by Association to Operator of the reconnection fee. iv. Association shall indemnify, defend, protect and hold Operator, and its officers, directors, customers, shareholders, attorneys, affiliates, employees, representatives and agents, harmless from any and all liabilities, judgments, claims, losses, obligations, damages, penalties, actions, or other proceedings, suits, costs, fees, expenses and disbursements, whether by judgment or settlement, (including without limitation reasonable legal fees) (collectively, “Claims”) arising out of, relating to or resulting from suspension of Bulk Services in response to the Association’s request. v. Operator is not obligated to suspend Bulk Services upon Association request, and may determine not to suspend Bulk Services under some circumstances, including, without limitation, in the event that such suspension of service will affect delivery of other subscription services provided to that Unit.
By Association. Landlord and Tenant acknowledge that the Association shall at all times be responsible for the development, maintenance, repair, and replacement of the Common Elements pursuant to the Declaration. Tenant shall, on a timely basis, pay for its equitable share of such costs for the Common Elements as set forth in this Paragraph 9(c).
By Association. 22 NOTICES................................................... 22 14.1 Addresses................................................................................ 22 14.2 Receipt.................................................................................. 23 DISPUTE RESOLUTION.............................................. 23
By Association. If Owner fails to take any action required of Owner under this Agreement after receipt of Association’s demand for same and within applicable timeframes, Association may, at its sole discretion, terminate this Agreement by providing Owner written notice of same, and by executing and recording a Notice of Termination. Owner shall, within thirty (30) days of Association’s termination of this Agreement, remove all improvements constructed on Association Lot, and restore same to the condition it was in prior to installation of said improvements. In the event the improvements are not removed and Association Lot restored as required, same may be removed and restored by the Association and the total cost of such removal and restoration may be assessed to Owner in accordance with the assessment provisions of the Declaration and shall be collectable in any manner provided for in the Declaration and California law. Association’s right to perform such removal and restoration, and to assess Owner the costs thereof, shall survive the termination of this Agreement.
By Association. The Association warrants and represents the following: (i) The Association shall maintain a general liability insurance policy in the aggregate amount of at least one million dollars, naming the Manager as an insured. (ii) The Association shall maintain directors and officers liability insurance in the aggregate amount of at least one million dollars that provides coverage for the Manager for wrongful acts committed at the express direction of the Executive Board. (iii) The Association shall provide the Manager with prior notice of cancellation of any of the insurance or bonds provided for in Section 7.01 or in this Subsection 7.02(b).

Related to By Association

  • HOMEOWNERS ASSOCIATION As a purchaser of property in the residential community in or where the property is located, you (circle one): ARE, ARE NOT obligated to be a member of the property owner’s association. Restrictive covenants governing the use and occupancy of the property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the community property is located. If required by the Association, you will be obligated to pay assessments to the property owner’s association. The amounts of the assessments are subject to change. Your failure to pay the assessments could result in a lien on the property and foreclosure. Copies of the dedicatory instrument may be obtained from the county clerk. Buyer has received the restrictive covenants: initials

  • The Association The Haysville Education Association, affiliated with the Kansas-National Education Association and the National Education Association. It is understood that HEA when used in this agreement refers to the Haysville Education Association.

  • Hospital-Association Committee (a) There shall be a Hospital-Union Committee comprised of representatives of the Hospital, one of whom shall be the Chief Nursing Officer or designate and of the Union, one of whom shall be the Bargaining Unit President or designate. The number of representatives is set out in the Appendix of Local Provisions and the membership of the Committee may be expanded by mutual agreement. (b) The Committee shall meet every two (2) months unless otherwise agreed and as required under Article 8.01 (a) (iv). The duties of chair and secretary shall alternate between the parties. Where possible, agenda items will be exchanged in writing at least five (5) calendar days prior to the meeting. A record shall be maintained of matters referred to the Committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members. (c) The purpose of the Committee includes: i) promoting and providing effective and meaningful communication of information and ideas, including but not limited to workload measurement tools and the promotion of best practices. Such communication may include discussion of nursing workload measurement and patient acuity systems. The Hospital will provide, upon request, information on workload measurement systems applicable to nursing currently used by the Hospital, and evaluations completed by the Hospital of such systems. ii) reviewing professional responsibility complaints with a view to identifying trends and sharing organizational successes and solutions, making joint recommendations on matters of concern including the quality and quantity of nursing care and discussing the development and implementation of quality initiatives; iii) making joint recommendations to the Chief Nursing Officer on matters of concern regarding recurring workload issues including the development of staffing guidelines, the use of agency nurses and use of overtime; iv) dealing with complaints referred to it in accordance with the provisions of Article 8, Professional Responsibility; v) discussing and reviewing matters relating to orientation and in- service programs; vi) promote the creation of full-time positions for nurses, and discuss the effect of such changes on the employment status of the nurses. This may include the impact, if any, on part-time and full-time, job sharing and retention and recruitment. (d) The Hospital agrees to pay for time spent during regular working hours for representatives of the Union attending at such meetings. (e) Where a Committee representative designated by the Union attends Committee meetings outside of her or his regularly scheduled hours, she or he will be paid for all time spent in attendance at such meetings at her or his regular straight time hourly rate of pay. Such payment shall be limited to two (2) Committee representatives per meeting.

  • Freedom of Association A teacher's participation or non-participation in religious, political or teacher association activities conducted outside duty hours and off school property shall not be grounds for disciplinary action or for discrimination with respect to professional employment, providing said activities do not violate local, state or national laws or are not prejudicial to the teacher's effectiveness in teaching performance.

  • OWNERS’ ASSOCIATION 13.1 That the Purchaser shall become a member of the association / society that has been formed (details of association are given in annexure – A) to look after the maintenance of the Housing Project and shall abide by its rules. 13.2 In case the society / association has yet to be formed, the Purchaser shall pay to the Vendor such proportionate cost of outgoings such as common water charges, common lights, repairs, salaries of clerk, watchman, sweepers, etc., as may be determined by the Vendor. It is proposed that the monthly maintenance charges payable by the Purchaser to the Association/Vendor shall be Rs. 2/- per sft from the deemed date of completion of the Scheduled Flat. The rate shall be subject to change and periodic upward revision. 13.3 If the Purchaser ever fails to pay maintenance charges, corpus fund or other charges related to the Scheduled Flat, the Association shall be entitled to disconnect and stop providing all or any services to the Scheduled Flat including water, electricity, etc. Further, the Purchaser may be barred from using common amenities like clubhouse, swimming pool, parks, open areas, generator backup, etc., till such time all arrears are cleared. 13.4 The Purchaser shall pay corpus fund to the Association at the time of taking possession of the completed flat. The details of corpus fund payable are given in Annexure – A. The details of the initial monthly maintenance charges payable by the Purchaser to the Association/Vendor, from the deemed date of completion of the Scheduled Flat is given in Annexure -A. 13.5 The Vendor has proposed to deliver the common amenities in phases on or before completion of the last block of flats. The monthly maintenance charges payable by the Purchaser to the Association shall not be linked to provision/completion of common amenities. The Purchaser shall not raise any objection on this count. 13.6 The monthly maintenance charges payable to the Association are proposed to be increased from time to time and the Purchaser shall be liable to pay such increased charges. 13.7 The Purchaser agrees not to withhold or delay payment of monthly maintenance charges to the Association for any defects in construction. Repairs/correction of defects in construction, if any, is the responsibility of the Vendor and the Purchaser agrees to not withhold payment of monthly maintenance charges. 13.8 The Vendor shall be entitled to form the Owners Association and draft its bye-laws as he deems fit and proper. The Vendor and its nominees shall be the founding members of the Association. The Association shall be handed over to the members of the Association (i.e., prospective purchasers) at the time of completion of the entire Housing Project, by calling for elections for its executive committee members. Till such time the Vendor and its nominees shall run the day today affairs of the Association. The Purchaser shall not raise any objection on this count.