Conversion of Common Use to Preferential Use Sample Clauses

Conversion of Common Use to Preferential Use. City shall have the right, but not the obligation, at any time to convert Domestic Common Use Terminal Areas or International Common Use Areas into Preferential Use Space for assignment to another Air Transportation Company if (a) the Air Transportation Company’s Gate utilization meets or exceeds the Minimum Use Requirements, as measured by Section 4.06, (b) Air Transportation Company executes an airline use and lease agreement with City substantially similar to this Agreement, and (c) such conversion will not unduly impair City’s ability to accommodate incumbent users or potential new entrant Passenger Air Transportation Companies on Domestic Common Use Terminal Areas or International Common Use Areas that have committed to operate at the Airport. In converting and leasing such common use areas to qualifying Signatory Airlines, City shall give preference to Signatory Airlines (if any) that do not at such time hold any Preferential Use Space. Airline further acknowledges that Airline has no right to demand that City convert Domestic Common Use Terminal Areas or International Common Use Areas into Preferential Use Space and assign it to Airline.
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Related to Conversion of Common Use to Preferential Use

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Definitions For purposes of this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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