Effect of Variation in Returns Sample Clauses

Effect of Variation in Returns. 16.2.1 The Facility Manager agrees and acknowledges that Authority, the MOR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the SFM Project, or the potential revenue/ returns to the Facility Manager from SFM Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, Authority, MOR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the License Fee payable under this SFM Agreement or Term of SFMA hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the SFM Project, or the any revenues/ returns therefrom.
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Effect of Variation in Returns. The Facility Manager agrees and acknowledges that IRSDC, the MoR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the Project, or the potential revenue/ returns to the Facility Manager from Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, IRSDC, MoR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the Consideration payable under this Agreement or the Term hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the Project, or the any revenues/ returns therefrom.

Related to Effect of Variation in Returns

  • Evidence of Consolidation, Etc to Trustee. The Trustee, subject to the provisions of Section 7.01, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or other disposition, and any such assumption, comply with the provisions of this Article.

  • Effect of Agreement on Other Benefits Except as specifically provided in this Agreement, the existence of this Agreement shall not be interpreted to preclude, prohibit or restrict Executive’s participation in any other employee benefit or other plans or programs in which he currently participates.

  • Variations, waivers etc requiring

  • Consent of Securities Regulators to Amendment Except for amendments made under Part 3, the securities regulators with jurisdiction must approve any amendment to this Agreement and will apply mutual reliance principles in reviewing any amendments that are filed with them. Therefore, the consent of the Principal Regulator will evidence the consent of all securities regulators with jurisdiction.

  • Amendments and Variations No amendment to or Variation of this Agreement shall be effective unless made in writing by duly authorized representatives of both Parties, if not provided otherwise herein. The Agreement can be amended in compliance with the provisions of Article 61 of the Public Procurement Law of the Republic of Latvia.

  • Absence of UCC Financing Statements, Etc Except with respect to the Mortgage Loan Documents and the Loan Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or any of the Collateral.

  • Amendments, Waivers, Etc This Agreement may not be amended, changed, supplemented, waived or otherwise modified or terminated, except upon the execution and delivery of a written agreement executed by the parties hereto.

  • Amendments, Supplements, Etc At any time this Agreement may be amended or supplemented by such additional agreements, articles or certificates, as may be determined by the parties hereto to be necessary, desirable or expedient to further the purposes of the Agreement, or to clarify the intention of the parties hereto, or to add to or modify the covenants, terms or conditions hereof or to effect or facilitate any governmental approval or acceptance of this Agreement or to effect or facilitate the filing or recording of this Agreement or the consummation of any of the transactions contemplated hereby. Any such instrument must be in writing and signed by all parties.

  • Amendments; Waivers; Additional Grantors; Etc (a) Subject to Section 10.01 of the Credit Agreement, no amendment or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Grantors, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No failure on the part of the Administrative Agent or any other Secured Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. (b) Upon the execution and delivery, or authentication, by any Person of a security agreement supplement in substantially the form of Exhibit A hereto (each a “Security Agreement Supplement”), (i) such Person shall be referred to as an “Additional Grantor” and shall be and become a Grantor hereunder, and each reference in this Agreement and the other Loan Documents to “Grantor” shall also mean and be a reference to such Additional Grantor, and each reference in this Agreement and the other Loan Documents to “Collateral” shall also mean and be a reference to the Collateral of such Additional Grantor, and (ii) the supplemental schedules I through IV attached to each Security Agreement Supplement shall be incorporated into and become a part of and supplement Schedules I through IV, respectively, hereto, and the Administrative Agent may attach such supplemental schedules to such Schedules; and each reference to such Schedules shall mean and be a reference to such Schedules as supplemented pursuant to each Security Agreement Supplement.

  • Waivers, Amendments, etc The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

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