City as Third-Party Beneficiary. The City is a third-party beneficiary of all the obligations of the Company under this Service Agreement. The City has the right, but not the obligation, to enforce rights, remedies, powers and privileges of the Authority under this Service Agreement if the City provides ten days’ prior written notice to the Authority and the Company. Unless such prior notice is given by the City, it is understood by all parties that the Authority Representative shall have the authority to direct the Company with respect to the Authority’s and City’s rights herein and the Company shall havethe right to rely on such direction.
City as Third-Party Beneficiary. The Company shall expressly provide that the 485 City is a third-party beneficiary in any contract between the Company and any entity performing 486 design or Construction related work on the DPAC Amenities, including the contract between the 487 Company and the Architect and between the Company and the Contractor. 488
City as Third-Party Beneficiary. From and after the later of the date that (i) City is obligated to provide water to the Project under an Annexation Consent, Protest Waiver and Water Service Agreement, and (ii) the SOI Effective Date and date of LAFCO's approval of a phased annexation plan consistent with this Agreement, and (iii) the effective date of the City/County Agreements, and continuing as to any particular portion of the Property until annexed to the City and City becomes a Party to this Agreement with respect thereto, the City shall be a third-party beneficiary of this Agreement, with the right to seek all available legal remedies, including but not limited to specific enforcement, subject to the further terms and conditions of this Section. Notwithstanding the foregoing, City’s rights as a third-party beneficiary shall be limited to approval of Substantive Amendments as provided in Section 24 above, and any claims arising from a failure by County or Landowner to comply with any terms or conditions hereof that could reasonably be anticipated to materially and detrimentally affect the rights or obligations of City as the successor Local Agency as to future annexed property under this Agreement. Without limiting the foregoing, in no event shall City have the right to pursue legal remedies to challenge any County action in processing or approving Subsequent Approvals that the County, in its sole discretion, determines to be consistent with the Project Approvals (e.g., approval of Individual Maps or project buildings), and in no event shall City have the right to seek termination of this Agreement (except as to annexed portions of the Property), without County’s consent through its Board of Supervisors acting in its sole discretion.
City as Third-Party Beneficiary. CORRELATION AND INTENT OF DOCUMENTS. Nothing contained in this Contract or any or all of DESIGN- BUILDER’S Contracts with its Subconsultants or Professionals shall create a contractual relationship between the CITY and any third party. However, the parties understand and agree that the CITY is an intended third-party beneficiary of all of DESIGN-BUILDER’s Contracts and subcontracts for Design-Build services. DESIGN-BUILDER shall require that all of its contracts with its Professionals and Subconsultants expressly provide for the CITY to be an intended third-party beneficiary of such contracts so as to enable CITY to maintain a cause of action directly against such Professionals and Subconsultants as necessary for any errors and omissions related to this Project. DESIGN-BUILDER shall provide evidence of such contractual provisions to CITY upon request, and DESIGN- BUILDER agrees not to modify such provisions.
City as Third-Party Beneficiary. The DA Amendments will provide that the City will be an intended third party beneficiary of the rights of Developer with respect to agreements entered into by the Developer with design, engineering, construction, or other professionals for the purposes of performing the work of design and construction of the Workforce Units (“Design and Construction Agreements”), and require that Developer include a provision in all Design and Construction Agreements granting to the City the right of assignment in the event of a Developer uncured default under the DA Amendments.
City as Third-Party Beneficiary. The Parties understand and agree that the City shall be considered an intended third-party beneficiary of this Agreement. The City shall have the right to file suit to ensure that the HOA accepts the conveyance of the Retained Facilities prior to the dissolution of the District or to enforce its right to receipt of the City Facilities.
City as Third-Party Beneficiary. For purposes of enforcement of the provisions of this Regulatory Agreement, the City of Santa Xxxx shall be deemed to be a third party beneficiary hereunder.
City as Third-Party Beneficiary. The City is an express third party beneficiary of this Agreement (“Third Party Beneficiary”) and shall be entitled to enforce the provisions of this Agreement as if it were a party hereto.
