BY THE TOWN Sample Clauses
The "BY THE TOWN" clause defines actions, rights, or obligations that are specifically reserved for or performed by the municipal authority, referred to as "the Town." In practice, this clause typically outlines what the Town is permitted or required to do under the agreement, such as providing approvals, issuing notices, or enforcing certain terms. Its core function is to clearly delineate the Town's role and responsibilities, ensuring that all parties understand which actions or decisions are within the Town's exclusive control, thereby preventing confusion or disputes over authority.
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BY THE TOWN. As a material inducement to entering into this ESA, the Town hereby represents and warrants to Competitive Supplier as of the effective date of this ESA as follows:
a) this ESA constitutes the legal, valid and binding obligation of the Town enforceable in accordance with its terms;
b) the execution, delivery and performance of this ESA are within the Town’s powers, have been or will be duly authorized by all necessary action;
c) the Town has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due;
d) all Participating Consumers are bound as principals to this ESA; and
e) no Bankruptcy is pending or threatened against the Town.
BY THE TOWN. As a material inducement to entering into this Agreement, the Town hereby represents and warrants to Competitive Supplier as of the Effective Date of this Agreement as follows:
a) this Agreement constitutes the legal, valid and binding obligation of the Town enforceable in accordance with its terms, subject to applicable laws;
b) the execution, delivery and performance of this Agreement are within the Town’s powers, have been, or will be duly authorized by all necessary action;
c) the Town has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this Agreement or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; and
d) no Bankruptcy is pending or threatened against the Town.
BY THE TOWN. As a material inducement to entering into this ESA, the Town hereby represents and warrants to Competitive Supplier as of the effective date of this ESA as follows:
a) this ESA constitutes the legal, valid and binding obligation of the Town enforceable in accordance with its terms;
b) the execution, delivery and performance of this ESA are within the Town’s powers, have been or will be duly authorized by all necessary action;
c) the Town has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due;
d) all Participating Consumers are bound as principals to this ESA;
e) no Bankruptcy is pending or threatened against the Town;
f) none of the documents or other written information furnished by or on behalf of Town to the Competitive Supplier pursuant to this ESA and any solicitation process which led to the consummation of this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and
g) all information furnished by the Town pursuant to this ESA is true and accurate to the best of the Town’s knowledge at the time the statement was made.
BY THE TOWN. If the Town defaults on any obligation under this Agreement for any reason, Triumph may seek damages, but Triumph shall not be entitled to enforce this Agreement through an action for specific performance.
BY THE TOWN. LESSEE shall provide the TOWN with a detailed written notice of any violation of this Agreement, and a 45-day period within which the TOWN may cure the alleged violation. If TOWN fails to correct the violation within such time, then ▇▇▇▇▇▇ may declare in writing that TOWN is in default.
BY THE TOWN. Licensee shall provide the Town with a detailed written notice of any violation of this Agreement, and a 30 day period within which the Town may: demonstrate that a violation does not exist; cure the alleged violation; or if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan to correct such violation, subject to Licensee's written approval, which will not be unreasonably withheld. If the Town fails to disprove or correct the violation within 30 days the timeframe set forth in the corrective action plan, then Licensee may declare in writing that the Town is in default.
BY THE TOWN. The Town may, in law or in equity, by suit, action, mandamus, or any other proceeding, including without limitation specific performance, enforce or compel the performance of this Agreement. In addition to every other remedy permitted by law for the enforcement of the terms of this Agreement, the Town shall be entitled to withhold the issuance of building permits or certificates of occupancy for any and all buildings and structures within Resulting Lot I at any time when 152 has failed or refused to meet fully any of its obligations under this Agreement. In the event of a judicial proceeding brought by the Town against 152 or its successors or assigns, for enforcement or for breach of any provision of this Agreement and the
BY THE TOWN. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution.
BY THE TOWN. If the Town is in default, Buyer may elect to treat this Agreement as terminated, in which event the Deposit will be returned to Buyer. Buyer hereby absolutely and expressly waives and relinquishes any and all claims for damages of any kind or nature against the Town, including without limitation special or consequential damages. In addition, Buyer waives any right to specific performance. In no event, except as may be expressly provided by C.R.S. § ▇▇-▇▇-▇▇▇, et seq., or C.R.
BY THE TOWN. The Town hereby waives its immunity in favor of the Tribe for the limited purpose of enforcement of this Agreement, from unconsented suit, to permit arbitration of disputes as provided for herein and to permit the Massachusetts state courts to compel such arbitration and to enforce the terms of any award or order resulting from such arbitration.