Effect of Disapproval of Exceptions Sample Clauses

Effect of Disapproval of Exceptions. If Developer designates a Disapproved Exception within the time periods required by Section 6.2.1 or 6.2.2, as applicable, Developer shall specify in writing its reason for such disapproval, and the City shall have the right, but not the obligation, to (x) remove or cure the Disapproved Exception to the reasonable satisfaction of Developer, or (y) subject to the last sentence of Section 6.2, elect not to cure such Disapproved Exception. If the City fails to notify Developer of the City’s election to remove or cure such Disapproved Exception within ten (10) calendar days after the City’s receipt of Developer’s notice of disapproval, the City shall be deemed to have elected not to cure such Disapproved Exception. If the City elects or is deemed to have elected not to cure any such Disapproved Exception then Developer’s exclusive remedy shall be: (i) to accept such Disapproved Exception and proceed to Close of Escrow for the applicable Phase in the manner set forth in this Agreement and without either deduction or offset to amounts due under this Agreement or the Ground Leases, and waive such Disapproved Exception without cause of action hereunder against the City, or (ii) to provide written notice to the City within five (5) calendar days after the City’s election or deemed election, of Developer’s election to terminate this Agreement and the Escrow, in which case Developer shall pay to the Escrow Holder Developer’s share of any title and escrow cancellation fees of Escrow Holder. The Developer’s failure to provide the City within said five (5) calendar day period with written notice of either Developer’s acceptance of such Disapproved Exception or Developer’s election to terminate this Agreement shall constitute Developer’s acceptance of such Disapproved Exception and its election not to terminate this Agreement under the foregoing clause (ii). In the event Developer shall not have terminated this Agreement under clause (ii) of the preceding sentence, then all matters and exclusions or exceptions from title insurance coverage shown in the Preliminary Title Reports and any Supplemental Title Reports which Developer shall have accepted pursuant to this Section 6.2.3 (other than those which the City has agreed to cure as provided in this Section 6.2.3), together with all Permitted Exceptions described in Section 6.2 shall be deemed “Permitted Exceptions”.
Sample 1
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Related to Effect of Disapproval of Exceptions

  • Effect of GMP Change Order The Preconstruction Phase cannot extend beyond the execution of the GMP Change Order. By definition, all services provided after the execution of the GMP Change Order are Construction Phase Services and are included in the GMP.

  • Effect of non-approval of proposals (6) Notwithstanding that under subclause (1) any proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 31 October 1992 or by such extended date or period if any as the Company shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Company 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 35. Implementation of proposals

  • Certification of claims by Statutory Auditors Any claim or document provided by the Concessionaire to the Authority in connection with or relating to receipts, income, payments, costs, expenses, accounts or audit, and any matter incidental thereto shall be valid and effective only if certified by its Statutory Auditors. For the avoidance of doubt, such certification shall not be required for exchange of information in the normal course of business including the submission of Monthly Fee Statements under Clause 19.5.

  • Effect of Addenda, Bulletins, and Change Orders No special implication, interpretation, construction, connotation, denotation, import, or meaning shall be assigned to any provision of the Contract Documents because of changes created by the issuance of any (1) Addendum, (2) Bulletin, or (3) Change Order other than the precise meaning that the Contract Documents would have had if the provision thus created had read originally as it reads subsequent to the (1) Addendum, (2) Bulletin, or (3) Change Order by which it was created.

  • Effect of Waiver No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.

  • Effect of Approval Approval of any insurance by City shall not relieve or decrease the liability of Grantee hereunder.

  • GOVERNING LAW AND SETTLEMENT OF DISPUTES 8.1 The execution, validity, interpretation, performance, implementation, termination and settlement of disputes of this Agreement shall be governed by the laws of PRC.

  • Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  • Effect of Termination Survival If the Service Agreement is terminated, the Provider shall destroy all of LEA’s Student Data pursuant to Article IV, section 6.

  • Restriction on claims by both parties Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:

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