Duty to Enforce Sample Clauses

Duty to Enforce. Except as otherwise provided in Subsection 5.8(2) and Section 5.9, the Direct Servicer will enforce any Due-on-Transfer Provision as provided in the related Mortgage Documents, if (i) the Direct Servicer has knowledge that a Mortgaged Property, or an ownership interest in a Person that owns the Mortgaged Property, has been or is about to be transferred, (ii) the transfer would permit acceleration of the Mortgage Loan under the related Mortgage Documents, and (iii) the Direct Servicer reasonably believes that the related Mortgage Documents and applicable law and regulation permit such enforcement.
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Duty to Enforce. Plan Permittees shall undertake all necessary actions to enforce all applicable terms of the HCP, this Agreement and the Permit as to itself, and any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued over which Plan Permittees have committed to enforce the terms of the HCP, this Agreement and the Permit. Any substantial non-compliance by Plan Permittees, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a violation of the Permit by Plan Permittees. In addition, any failure by Plan Permittees to enforce the applicable provisions of the HCP, this Agreement or the Permit against itself, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a non-compliance by Plan Permittees with the HCP, this Agreement or the Permit and a violation of the Permit by Plan Permittees. USFWS shall take into account all efforts undertaken by Plan Permittees to enforce the terms of the HCP, this Agreement and the Permit as to itself, any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued and all actions taken by Plan Permittees to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the HCP.
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Duty to Enforce. The Permittees agree to take all necessary actions to enforce all applicable terms of the BRCP, this Agreement and the Permits as to themselves and all holders of Certificates of Inclusion over which the Permittees have committed to enforce the terms of the BRCP, this Agreement and the Permits. Any non-compliance by a Permittee or a holder of a Certificate of Inclusion with applicable terms of the BRCP, this Agreement or the Permits may be deemed a violation of the Permits by the Permittees. In addition, the failure by a Permittee to enforce applicable terms of the BRCP, this Agreement, or the Permits against itself, or a holder of a Certificate of Inclusion may be deemed non-compliance by Permittee with the BRCP, this Agreement or the Permits, and a violation of the Permits by the Permittee. In determining whether to suspend or revoke a Permit from Permittee for acts or omissions constituting non- compliance committed by a Permittee or a holder of a Certificate of Inclusion, the Wildlife Agencies shall take into account all efforts undertaken by the Permittee to enforce the terms of the BRCP, this Agreement and the Permits as to itself or a holder of a Certificate of Inclusion, and all actions taken by the Permittee(s) to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the BRCP.
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Duty to Enforce. ‌ The Permittees shall undertake all necessary action to enforce all applicable terms of the the Permits, the Yolo HCP/NCCP, and this Agreement as to itself and Third Party Participants over which Permittees have committed to enforce the terms of the Permits, the Yolo HCP/NCCP, and this Agreement. Any non-compliance by a Permittee or a Third Party Participant with applicable terms of the Permits, the Yolo HCP/NCCP, or this Agreement may be deemed by either wildlife agency a violation of the Permit by Permittee. In addition, any failure by Permittee to enforce the applicable provisions of the Permits, the Yolo HCP/NCCP, or this Agreement against itself, a Third Party Participant may be deemed by either wildlife agency a non-compliance by Permittee with the Permit, the `Yolo HCP/NCCP, or this Agreement and a violation of the Permit by Permittees. Wildlife agencies shall take into account all efforts undertaken by Permittees to enforce the terms of the Permits, the Yolo HCP/NCCP, and this Agreement as to itself, the Third Party Participant and all actions taken by Permittees to redress the effects of such non- compliance, particularly the enforcement efforts and redress actions specifically described in the Yolo HCP/NCCP.
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Duty to Enforce. Permittee agrees to take all necessary action to enforce all applicable terms of the TU MSHCP, this Agreement and the Permit as to itself and all holders of Certificates of Inclusion, Third Party Lessees and Third Persons over which
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Duty to Enforce. Plan Permittees shall undertake all necessary actions to enforce all applicable terms of the HCP, this Agreement and the Permit as to itself, and any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued over which Plan Permittees have committed to enforce the terms of the HCP, this Agreement and the Permit. Any substantial non-compliance by Plan Permittees, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a violation of the Permit by Plan Permittees. In addition, any failure by Plan Permittees to enforce the applicable provisions of the HCP, this Agreement or the Permit against itself, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a non-compliance by Plan Permittees with the HCP, this Agreement or the Permit and a violation of the Permit by
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Duty to Enforce. THE CITY OF SAN DIEGO agrees to take appropriate actions to enforce the terms of the Take Authorizations, the Subarea Plan, and this Agreement as to itself and to all persons or entities subject to the requirements established by this Agreement, specifically including the land development permitting and approval requirements set forth in Section 10 of this Agreement. Furthermore, consistent with Section
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Related to Duty to Enforce

  • Failure to Enforce The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.

  • Failure to Enforce Not a Waiver The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

  • WAIVER NOT A LIMITATION TO ENFORCE 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan [Annexure C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees. 24.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

  • Suit to Enforce Rights Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification within 30 days after making a written demand in accordance with Section C.2 above or 50 days if the Company submits a request for advancement or reimbursement to the Reviewing Party under Section C.2(c) above, Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court of competent jurisdiction seeking a determination by the court or challenging any determination by the Reviewing Party or any aspect of this Agreement. Any determination by the Reviewing Party not challenged by Xxxxxxxxxx and any judgment entered by the court shall be binding on the Company and Indemnitee.

  • Duty to Notify All new employees will be given at the time of appointment a document detailing the requirements with regards to timely notification of gaining qualifications and timely notification of previous relevant service.

  • Interpretation and Enforcement (a) The benefits of this Agreement shall inure to the parties hereto, their respective successors and assigns and to the indemnified parties hereunder and their respective successors and assigns and representatives, and the obligations and liabilities assumed in this Agreement by the parties hereto shall be binding upon their respective successors and assigns. (b) Each of the Company and Consultant (and, to the extent permitted by law, on behalf of their respective equity holders and creditors) hereby knowingly, voluntarily and irrevocably waives any right it may have to a trial by jury in respect of any claim based upon, arising out of or in connection with this Agreement and the transactions contemplated hereby. Each of the Company and Consultant hereby certify that no representative or agent of the other party has represented expressly or otherwise that such party would not seek to enforce the provisions of this waiver. Further, each of the Company and Consultant acknowledges that each party has been induced to enter this Agreement by, inter alia, the provisions of this Section. (c) If it is found in a final judgment by a court of competent jurisdiction (not subject to further appeal) that any term or provision hereof is invalid or unenforceable, (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect and (ii) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision. (d) This Agreement embodies the entire agreement and understanding of the parties hereto and supersedes any and all prior agreements, arrangements and understanding relating to the matters provided for herein. No alteration, waiver, amendment, change or supplement hereto shall be binding or effective unless the same is set forth in writing signed by a duly authorized representative of each party. (e) This Agreement does not create, and shall not be construed as creating, rights enforceable by any person or entity not a party hereto, except those entitled thereto by virtue of the indemnification provisions hereof. The Company acknowledges and agrees that with respect to the services to be rendered by Consultant, Consultant is not and shall not be construed as a fiduciary of the Company and shall have no duties or liabilities to the equity holders or creditors of the Company or any other person by virtue of this Agreement and the retention of Consultant hereunder, all of which are hereby expressly waived. The Company also agrees that Consultant shall not have any liability (including without limitation, liability for losses, claims, damages, obligations, penalties, judgments, awards, liabilities, costs, expenses or disbursements resulting from any act or omission of Consultant, whether direct or indirect, in contract, tort or otherwise) to the Company or to any person (including, without limitation, equity holders and creditors of the Company) claiming through the Company for or in connection with the engagement of Consultant, this Agreement and the transactions contemplated hereby, except for liabilities which arise as a result of the gross negligence or willful misconduct of Consultant. The Company acknowledges that Consultant was induced to enter into this Agreement by, INTER ALIA, the provisions of this Section.

  • Duty to Inform Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on the District’s Poles by Licensee’s employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee’s employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same.

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

  • Remedies and Enforcement Secured Party shall have and may exercise any and all rights of enforcement and remedies afforded to a secured party under the Uniform Commercial Code as adopted and in force in the State of Michigan, to the extent permitted by applicable law, on the date of this Stock Pledge or the date of Company's default together with any and all other rights and remedies otherwise provided and available to Secured Party by law unless such application would result in the invalidity or unenforceability of any provision hereof, in which case the law of the state in which any of the Collateral is located shall apply to the extent necessary to render such provision valid and enforceable; and, in conjunction with, in addition to, or substitution for those rights, at Secured Party's discretion, Secured Party may: (1) Apply any of the Collateral against any of the Indebtedness secured hereby; (2) Waive any default, or remedy any default in any reasonable manner, without waiving its rights and remedies upon default and without waiving any other prior or subsequent default; (3) Without any notice to Company, notify any parties obligated on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder and enforce collection of any of the Collateral by suit or otherwise and surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) the indebtedness thereunder or evidenced thereby. Upon request of the Secured Party, Company will, at its own expense, notify any parties obligated to Company on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder. Company agrees that Secured Party shall not be liable for any loss or damage which Company suffers or may suffer as a result of Secured Party's processing of items or its exercise of any other rights or remedies under this Stock Pledge, including without limitation indirect, special or consequential damages, loss of revenues or profits, or any claim, demand or action by any third party not related to or affiliated with Company arising out of or in connection with the processing of items (excluding only the claims of such third parties in connection with the processing of items based solely upon the gross negligence or willful misconduct of Secured Party) or the exercise of any other rights or remedies hereunder. Company further agrees to indemnify and hold Secured Party harmless from and against all such third party claims, demands or actions, including without limitation litigation costs and reasonable attorneys' fees.

  • Duty to Defend The Consultant’s obligation in Subsection 11.1 above applies to the maximum extent allowed by law and includes defending the City, its officers, employees and agents as set forth in Sections 2778 and 2782.8 of the California Civil Code. Upon the City’s written request, the Consultant, at its own expense, shall defend any suit or action that is subject to the obligation in Subsection 11.1 above.

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