By Operator. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, Operator shall have the right to direct the stoppage of the work to be performed by Contractor hereunder at any time prior to reaching the specified depth, and even though Contractor has made no default hereunder. In such event, Operator shall reimburse Contractor as set forth in Subparagraph 6.4 hereof.
By Operator. The Operator may terminate this Agreement at any time by service of written notice to such effect on North America two (2) calendar quarters in advance of the effective date thereof and by complying with the applicable terms and conditions of this Paragraph XIV. During such period after notice but prior to actual termination, Operator shall not bid or accept any additional jobs without the written consent of North America.
By Operator. Operator represents and warrants to Sprint that:
(a) Organization. Operator is duly organized, validly existing and in good standing under the laws of the state or commonwealth of its formation, and has full power and authority to carry out all of the transactions contemplated by this Agreement.
By Operator. Operator shall indemnify, defend and hold harmless Owner and the Members, and all of their respective officers, directors, employees, agents and representatives, and their Affiliates (other than any Affiliate of Operator), from and against any and all Indemnifiable Expenses arising out of or resulting from (i) the gross negligence or willful misconduct of Operator or any contractor or subcontractor retained by it, or any its officers, directors, agents, employees or personnel of any of them, or (ii) a breach of this Agreement by Operator.
By Operator. To the extent that Owner shall not be fully covered by insurance and to the maximum extent permitted by law, Operator will indemnify, hold harmless and protect Owner, its partners and Affiliates, and their respective partners, members, shareholders, officers, directors, employees, managers, contractors and agents, including but not limited to Exxx Corporation, Portsmouth Square, Inc., and Chelsea Development Company (all of the persons indemnified under this Section 22.1 are referred to collectively as the “Owner Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs and expenses including attorneys fees, court costs and litigation expenses (collectively, “Liabilities”) caused by, arising out of, or incurred in connection with (a) acts or omissions of (i) Operator, and (ii) agents or any other person for which Operator is legally responsible, constituting willful misconduct, violation of any Legal Requirements or breach of this Agreement, or (b) gross negligence of any corporate office personnel of Operator.
By Operator. Operator makes the following warranties, representations and covenants to Owner, which warranties, representations and covenants shall, unless otherwise stated herein, survive the Effective Date of this Agreement and continue to be true during the Term:
(a) Operator is a validly formed and existing limited partnership in good standing under the laws of the State of Delaware and is duly registered and qualified to do business in the State of Nevada as a foreign limited liability company, and has the corporate power and authority to enter into this Agreement and perform its obligations hereunder.
(b) Operator will obtain and maintain all Gaming Approvals required to be obtained and maintained by Operator pursuant to this Agreement and Gaming Laws;
(c) This Agreement, when executed and delivered by Operator, will be its legal, valid and binding obligation, enforceable against it in accordance with its terms. Neither the execution and delivery of this Agreement by Operator nor Operator’s performance of its obligations here under will result in a violation or breach of, or constitute a default with respect to or accelerate the performance required under any other agreement or obligation to which Operator is a party or is otherwise bound or to which any of its assets is subject, and will not constitute a violation of any federal, state or local law, regulation or order to which Operator or any of its assets is subject.
(d) Except for the Gaming Approvals, there is no consent or approval of any Gaming Authorities, other Governmental Authorities or other person that must be obtained in connection with its execution and delivery of this Agreement or Operator’s performance of its obligations hereunder.
By Operator. At its expense, OPERATOR shall furnish the equipment, machinery, tools, supplies, materials and services listed in Exhibit "D".
By Operator. In consideration of Operator’s Revenue Share, Operator hereby grants to Customer a worldwide, irrevocable, exclusive, royalty-free license to use the Touchpoint Software and Touchpoint Solution in furtherance of Customers business activities as related to the use, operation, management, and exploitation of the Customer App. All other rights are excluded from this Agreement and are retained by Operator.
By Operator. The Operator, at its option, may declare this Lease Agreement terminated in its entirety, with no penalty to or further liability of Operator, upon the happening of any one or more of the following events:
24.1.2.1 A court of competent jurisdiction issues an injunction or restraining order against the Port preventing or retraining, in its entirety or substantial entirety, the use of the Airport for airport purposes.
24.1.2.2 The Port abandons the Airport for a period of at least thirty (30) consecutive days and fails to operate and maintain the Airport in such manner as to permit landings and takeoffs of airplanes by scheduled air carriers.
24.1.2.3 The Airport or a material portion of the Airport or Airport facilities is destroyed, resulting in material interference with Company's normal business operations or substantial diminution of Operator's Gross Revenues at the Airport for a period in excess of sixty (60) consecutive days.
24.1.2.4 An agency or instrumentality of the United States government or any state or local government occupies the Airport or a substantial part thereof for any reason, resulting in material interference with Operator's normal business operations or substantial diminution of Operator's Gross Revenues at the Airport for a period in excess of sixty (60) consecutive days.
24.1.2.5 The Operator submits, in consideration of Operator’s then- existing financial circumstances, a good faith bid for a Concession Agreement to operate a Rental Car Concession at the Airport for the initial and each subsequent Concession Term but any such bid is not accepted by the Port and the Operator is not granted or loses its right to operate a Rental Car Concession at the Airport.
By Operator. In the event that Operator wishes to remove, relocate, resize, and/or reconfigure any Station, other than those Stations whose locations are fixed pursuant to the terms of a grant or sponsorship agreement, due to under- utilization or lack of profitability, it must notify MTC in writing, providing sufficient detail and description of the proposed relocation site and reasons therefore, prior to removal. Assuming that MTC does not disapprove the request within ten business days, Operator may remove, relocate, resize, and/or reconfigure the Station consistent with Operator’s notice of same to MTC and subject to local review and permitting requirements.
