COLLATERAL CONTRACTS Sample Clauses

COLLATERAL CONTRACTS. Where there exists any inconsistency between this contract and other provisions of collateral contract agreements which are made a part of this contract by reference or otherwise, the provisions of this contract shall control.
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COLLATERAL CONTRACTS. The Lessee shall be responsible for all other contracts, obligations, and expenditures made in connection with its use of the leased premises. By way of illustration and not limitation, these contracts may include entertainment, catering, fees, and licenses, insurance, special furnishings or decoration, staffing, etc. Xxxxxx is responsible for removal of all trash related to the event and for returning the building to ‘as is’ condition.
COLLATERAL CONTRACTS. A true, complete and correct copy of each Contract referred to in the definition of "COLLATERAL" in Section 1.01 as currently in effect (including all exhibits, schedules and documents referred to therein or delivered pursuant thereto, if any), together with any amendments thereto, and any payment schedules in respect thereof, each duly executed and delivered by each party thereto.
COLLATERAL CONTRACTS. From time to time the Corporation may wish to enter into contracts with third parties for the sole purpose of evaluating the technology of a third party or because the third party will not agree to contract with PPD for Designated Services or Designated Products, which contract may include performance of a Designated Service by the Corporation or delivery by the Corporation of a Designated Product (a "Collateral Contract"). The Corporation shall be permitted to enter into such Collateral Contracts in its name provided that (i) each such Collateral Contract is approved by PPD prior to its execution and (ii) subject to compliance with applicable confidentiality provisions, a copy of each fully executed Collateral Contract shall be provided to PPD in accordance with the notice provisions herein within seven (7) days after final execution of the Collateral Contract. In cases in which a third party indicates an unwillingness to contract with PPD for Designated Services or Designated Products, the Corporation shall use good faith efforts to have such third party contract with PPD and, if unsuccessful, to use good faith efforts to include a provision permitting disclosure of such Collateral Contract to PPD in confidentiality clauses between such third party and the Corporation.
COLLATERAL CONTRACTS. Where there exists any inconsistency between this Agreement and other provi- sions of collateral contract agreements, which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control.
COLLATERAL CONTRACTS. The courts in the past have attempted to deal with the problem by the collateral contract approach where there were two contracts one relating to the land and one to the missing elements. The Court of Appeal has rejected the argument as seen in Xxxxx v Xxxxxxx Fencing [2001] PLCS 249. The Court of Appeal gave the matter due consideration where Lord Xxxxxxx Xxxxxxxx determined that where there is a term which has not been expressly included into the contract, whether this can be regarded as a separate contract should be determined on the basis of whether the additional term was considered to be a dependent part of the terms of the contract for the sale of land. The matter was considered once again in the case of Dolphin Quays Development Ltd v Xxxxx [2006] EWHC 931. In this case B was owed £1.85 million by DQD Ltd which owned a newly constructed block of flats. The agreement was that B should be given a long lease on a flat in part satisfaction of that debt. The price was stated as £600,000. The agreement was recorded in a letter written on the notepaper of DQD Ltd. The next day the parties entered into the agreement for lease. DQD Ltd subsequently transferred its interest in the block of flats to S. B failed to complete the purchase and S sold the flat on the open market and claimed the difference in the sale price and the price shown in the contract with B in the sum of £155,000. The court held that the agreement for sale of the flat lease failed to incorporate all the terms that the parties had expressly agreed and intended to be included. The agreement was therefore void under Section 2 of the LPMPA 1989. A collateral contract may still arise where the term is used to refer to a contractual right that is very similar to promissory estoppel. It may arise where one party states it will only enter into a contract if the other party agrees not to enforce some provision of it against in specific circumstances. The courts seem more willing today to find an estoppel rather than using the collateral contract argument to save an agreement falling foul of Section 2!
COLLATERAL CONTRACTS. The Owner agrees to provide by separate contract or otherwise, all labor and materials essential to the completion of any work specifically excluded from the Contract Documents.
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COLLATERAL CONTRACTS. PCCA agrees to provide, by separate agreement or otherwise, all labor and material essential to the completion of work specifically excluded from the Contract Documents but necessary for Task Order completion so as not to unduly delay the progress of the Task Order, except where such delays are excused by the Agreement.
COLLATERAL CONTRACTS. Collateral contract is a contract where the same consideration is used as the consideration for the main contract It must be proved that the statement was held out as a promise to guarantee or assurance the consideration for which is entry in the main contract Even in cases about land, the collateral part does not have to be in writing (Xxxxxxxx v Ryde Corp) The collateral term has to be consistent with the main contract (Hoyts v Xxxxxxx)

Related to COLLATERAL CONTRACTS

  • Project Contracts Prior to the delivery of this Lease, the Company may have entered into a contract or contracts with respect to the acquisition and/or construction of the Improvements. Those contracts, and any such contracts entered into by the Company after delivery of this Lease are hereinafter referred to as the “Project Contracts.” Prior to the delivery hereof, certain work has been or may have been performed on the Improvements pursuant to said Project Contracts or otherwise. Subject to the Lender’s rights in the Project Contracts, the Company hereby conveys, transfers and assigns to the Issuer all of the Company’s rights in, but not its obligations under the Project Contracts and the Issuer hereby designates the Company as Issuer’s agent for the purpose of executing and performing the Project Contracts. After the execution hereof, the Company shall cause the Project Contracts to be fully performed by the contractor(s), subcontractor(s) and supplier(s) thereunder in accordance with the terms thereof, and the Company covenants to cause the Improvements to be acquired, constructed and/or completed in accordance with the Project Contracts. Any and all amounts received by the Issuer, the Trustee or the Company from any of the contractors or other suppliers by way of breach of contract, refunds or adjustments shall become a part of and be deposited in the Project Fund.

  • Assigned Contracts The Debtor shall fully perform all of its obligations under each of the Assigned Contracts, and shall enforce all of its material rights and remedies thereunder. Without limiting the generality of the foregoing, the Debtor shall take all action reasonably necessary or appropriate, as determined solely by the Debtor, to permit, and shall not take any action which would have any materially adverse effect upon, the full enforcement of all indemnification rights under the Assigned Contracts. The Debtor shall notify the Secured Party in writing, promptly after the Debtor becomes aware thereof, of any event or fact which could give rise to a claim by it for indemnification under any of the material Assigned Contracts, and shall diligently pursue, as it deems appropriate, such right and report to the Secured Party on all further developments with respect thereto. The Debtor shall remit directly to the Secured Party for application to the Obligations in such order as the Secured Party shall determine, all amounts received by the Debtor as indemnification or otherwise pursuant to its Assigned Contracts. If the Debtor shall fail after the Secured Party's demand to pursue diligently any right under the material Assigned Contracts, or an Event of Default then exists, the Secured Party may directly enforce such right in its own or the Debtor's name and may enter into such settlements or other agreements with respect thereto as the Secured Party, shall determine. In any suit, proceeding or action brought by the Secured Party under any Assigned Contract for any sum owing thereunder or to enforce any provision thereof, the Debtor shall indemnify, defend and hold the Secured Party harmless from and against all expense (including without limitation Attorney Costs), loss or damage suffered by reason of any defense, setoff, counterclaims, recoupment, or reduction of liability whatsoever of the obligor thereunder arising out of a breach by the Debtor of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing from the Debtor to or in favor of such obligor or its successors. All obligations of the Debtor under an Assigned Contract shall be and remain enforceable only against the Debtor and shall not be enforceable against the Secured Party. Notwithstanding any provision hereof to the contrary, the Debtor shall at all times remain liable to observe and perform all of its material duties and obligations under the Assigned Contracts, and the Secured Party's exercise of any of its rights with respect to the Collateral shall not release the Debtor from any of such duties and obligations. The Secured Party shall not be obligated to perform or fulfill the Debtor's duties or obligations under the Assigned Contracts or to make any payment thereunder, or to make any inquiry as to the nature or sufficiency of any payment or property received by it thereunder or the sufficiency of performance by any party thereunder, or to present or file any claim, or to take any action to collect or enforce any performance, any payment of any amounts, or any delivery of any property.

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