Challenge to Agreement or Entitlements Sample Clauses

Challenge to Agreement or Entitlements. In the event of any legal action instituted by a third party challenging the validity of any portion of this Agreement or the Entitlements, including the proceedings taken for approval (including the requirements of the California Environmental Quality Act), or any other act undertaken by the Parties hereto in furtherance of this Agreement or its terms, the Parties agree to cooperate in the defense of the action. In the event of any such legal action being instituted, the Parties hereby agree to cooperate with each other in good faith to defend said action and the validity of each provision of this Agreement. However, the Parties hereby agree that each Party will independently evaluate the merits of any action against this Agreement. In all such litigation, County shall either defend such litigation or tender its defense to Property Owners. In the event that County determines to defend the action itself, Property Owners shall be entitled, subject to court approval, to join in or intervene in the action on their own behalf, or to advocate in favor of the validity of this Agreement or the Entitlements. In such an event, each Party shall bear its own attorney’s fees and costs. In the event County determines to tender the defense of the action to Property Owners, Property Owners shall defend the action on their behalf and on behalf of the County, and shall bear all attorney’s fees and costs associated with such defense from and after the date of the tender, including County Counsel fees and costs, as well as Department of Community Planning and Development fees and costs. County, however, may at any time elect to assume representation of itself, and in that event, from and after the date the County gives notice of its election to do so, County shall be responsible for its own attorney’s fees and costs incurred thereafter. The filing of such third Party legal action shall not delay or stop the mining of the Property pursuant to this Agreement, unless the third Party obtains a court order preventing the activity or unless Property Owners elect not to mine pursuant to Sections 5.7 and 5.8 below. The County shall not stipulate to the issuance of such order without first obtaining the written consent from Property Owners, which may be withheld in Property Owners’ absolute discretion. If any such injunction or temporary restraining order issues, the term of this Agreement and the Entitlements shall automatically be extended for a period equal to the duration of such...
Sample 1
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Challenge to Agreement or Entitlements. The Parties agree to cooperate in good faith in the defense of any litigation (which includes all claims, actions, or proceedings or any kind) instituted by a third party challenging the validity of any portion of this Agreement, or its application or effectiveness, at any time during its Term, including, without limitation (i) any litigation by a third party challenging the proceedings taken for its approval (including the CEQA requirements), (ii) any litigation by a third party challenging the validity of any of the Project Entitlements (including CEQA challenges), (iii) any litigation by a third party to enforce the application of a voter approved initiative to Development of the Property for the Project, or (iv) any litigation by a third party challenging any other act undertaken by the Parties in furtherance of this Agreement or its terms including, without limitation, Subsequent Approvals.
Sample 1
Challenge to Agreement or Entitlements. In the event of any action instituted by a third party challenging the validity of any portion of this Agreement, including, without limitation (i) the proceedings taken for its approval (including the CEQA requirements), (ii) any action instituted by a third party challenging the validity of any of the Project Entitlements (including CEQA challenges), or (iii) any other act undertaken by the Parties in furtherance of this Agreement or its terms including, without limitation, Subsequent Approvals; the Parties agree to cooperate in the defense of the action.
Sample 1

Related to Challenge to Agreement or Entitlements

  • PRESERVATION OF RIGHTS AND ENTITLEMENT Notwithstanding anything in this Agreement, Maybank’s rights and entitlement under this Agreement shall continue to remain in full force and effect and shall survive any cancellation, revocation or suspension of the Credit Card by Maybank.

  • OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project.

  • CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.

  • THE CONTRACTS (RIGHTS OF THIRD PARTIES ACT 1999

  • CONTRACTS (RIGHTS OF THIRD PARTIES ACT 1999 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  • Contracts (Rights of Third Parties) Xxx 0000 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Xxx 0000 by a person who is not a party to this Agreement.

  • File Management and Record Retention relating to CRF Eligible Persons or Households Grantee must maintain a separate file for every applicant, Eligible Person, or Household, regardless of whether the request was approved or denied.

  • The Contracts (Rights of Third Parties) Xxx 0000 A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Contract but this does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

  • Non-Liability of Officials, Employees and Agents No member, official, employee, or agent of the County Board shall be personally liable to the Grantee in the event of any default or breach by the County Board for any amount that may become due to the Grantee or its successors or assigns under the terms of this Agreement.

  • Third parties rights The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

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