Controlling Intent of the Parties Sample Clauses

Controlling Intent of the Parties. It is the intention and the expectation of the Lessee and the District that the Leased Property be available for the District Project by April 1, 2009. It is the further intent of the District and the Lessee that the Lessee obtain a vested possessory estate for years ("Lessee's Estate") in the Leased Property. The Lessee and the District agree that it is in their respective best interests that Lessee's Estate will continue until tenninated as set forth in the following paragraphs or as otherwise provided in these Lease Conditions. It is the further intent ofthe Lessee and the District that these Lease Conditions not be construed under Florida law as a tenancy at will. However, the Lessee and the District recognize that Florida law may be construed by some to require that a possessory estate for years identify a date for expiration with greater specificity than what is expressed in Section 31 of these Lease Conditions. For the sole and limited purpose of ensuring compliance with the requirements of Florida law regarding the need for certainty in the tenn of duration of a tenancy for years, but in no way restricting the rights of the District and the Lessee set forth in these Lease Conditions, including without limitation, the rights of the Lessee and the District under Section 31 of these Lease Conditions, the District and the Lessee have agreed to include this section confinning the intent of the District and the Lessee regarding the term of these Lease Conditions. To effectuate their intent, the Lessee and the District hereby agree that in the event these Lease Conditions have not otherwise been terminated in accordance with the provisions hereof, the Lessee's rights pursuant to these Lease Conditions shall expire on March 31, 2014 (the "Expiration Date"), subject to the provisions of the following paragraphs. Although it is contemplated that all of the Leased Property will be used for the District Project prior to the Expiration Date, it is possible that due to future circumstances or events the District may determine that some portions ofthe Leased Property may not be needed for the District Project ("Surplus Property"). As of the Expiration Date, the Surplus Property and all other property then subject to the Lease Conditions (the "Remaining Property") shall be governed by the following provisions from and after the Expiration Date through March 31, 2019 (the "Extension Period"): A. The Remaining Property shall continue to be available to the Lessee fo...
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Related to Controlling Intent of the Parties

  • Intent of the Parties Except as provided in the next sentence, the sole procedure to resolve any claim arising out of or relating to this Agreement or any related agreement is the dispute resolution procedure set forth in this Article Eighteen. Either Party may seek a preliminary injunction or other provisional judicial remedy if such action is necessary to prevent irreparable harm or preserve the status quo, in which case both Parties nonetheless will continue to pursue resolution of the dispute by means of this procedure.

  • AGREEMENT OF THE PARTIES The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party hereto. Neither Executive nor the Company shall be entitled to any presumption in connection with any determination made hereunder in connection with any arbitration, judicial or administrative proceeding relating to or arising under this Agreement.

  • Roles of the Parties When processing California Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the CCPA.

  • Cooperation of the Parties The Seller undertakes to notify the Buyer of any obstacles on his part, which may negatively influence proper and timely delivery of the Equipment.

  • Controlling Agreement To the extent the terms of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) directly conflicts with a provision in the Merger Agreement, the terms of this Agreement shall control.

  • Termination of Related Party Agreements Except as set forth on Schedule 9.7, all existing agreements between the Company and the Stockholders (and between the Company and entities controlled by the Stockholders) shall have been canceled effective prior to or as of the Consummation Date.

  • Termination by Mutual Agreement of the Parties Executive’s employment with the Company may be terminated at any time upon a mutual agreement in writing of the Parties. Any such termination of employment shall have the consequences specified in such agreement.

  • CONTROLLING PARTS 1.04.1 If a conflict between the sections or exhibits arises, the sections control over the exhibits.

  • Expenses of the Parties Except as otherwise provided herein, all expenses incurred by or on behalf of the parties hereto in connection with the authorization, preparation and consummation of this Agreement, including, without limitation, all fees and expenses of agents, representatives, counsel and accountants employed by the parties hereto in connection with the authorization, preparation, execution and consummation of this Agreement shall be borne solely by the party who shall have incurred the same.

  • Final Agreement of the Parties THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

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