Enforcement of Contracts. The Servicer is authorized to enforce and protect the Trust’s rights and interests in, to and under the Pool Assets and the Trust’s right to receive payment in respect thereof, and the Servicer may commence or defend proceedings in the name of the Trust (or any agent thereof, including the Servicer) for the purpose of enforcing or protecting any rights under any of the Pool Assets or against any Obligor personally. Unless the Trust shall have given its express prior written consent thereto, the Servicer shall not take any action that would make the Trust a party to any litigation. Notwithstanding the foregoing, the Servicer need not seek the Trust’s consent to make the Trust a party to litigation incidental to the enforcement by the Servicer of any of the Pool Assets.
Enforcement of Contracts. In connection with the maintenance and operation of the Property, Manager shall take all commercially reasonable steps, including legal action when authorized in writing by Owner, to enforce all maintenance, service and supply contracts, guarantees, warranties, bonds and other third party contractual undertakings, if any.
Enforcement of Contracts. 27 D. Emergencies...............................................27
Enforcement of Contracts. The Servicer, on behalf of the Underlying Trust, shall cause to be diligently enforced all terms, covenants and conditions of all Contracts pursuant to the terms of the Sale and Servicing Agreement. Neither the Settlor nor the Underlying Trustee shall permit the release of the obligations of any obligor under any Contract and the Settlor and the Underlying Trust shall at all times, to the extent permitted by law, cause to be defended, enforced, preserved and protected the rights and privileges of the Underlying Trust and the Underlying Trustee under or with respect to each Contract. Neither the Settlor nor the Underlying Trustee shall consent or agree to or permit any amendment or modification of any Contract or agreement in connection therewith which will in any manner materially adversely affect the rights or security of any of the Holders of the Notes.
Enforcement of Contracts. Borrower shall strictly enforce all material provisions of the Construction Contract, the Architect/Engineer Agreement and all other contract(s) for the construction of the Improvements to ensure that the other parties thereto are required to promptly and diligently perform all of its obligations thereunder and in such a manner as to preserve FINOVA's security in the Collateral and the Facilities. Borrower shall timely perform all its obligations under the aforementioned agreements and contracts. No material change, amendment or modification shall be made to such contract(s) without the prior written consent of FINOVA.
Enforcement of Contracts. Developer agrees, at Developer’s expense, to enforce or cause to be enforced, performance, as applicable, of the provisions of the Construction Contract, the Architectural Contract and all other contracts associated with the development of the Project (collectively, the “Project Contracts”) in a commercially reasonable manner such that all work performed and services provided under each Project Contract will be performed and provided, as the case may be, in accordance with its terms. Notwithstanding the foregoing, Owner shall have the right to enforce each such contract directly, and Developer shall cooperate with Owner in all reasonable respects with respect to such enforcement. Upon the request of Owner from time to time, Developer shall provide or cause to be provided to Owner a list and copies of all Project Contracts. Each of the Construction Contract and the Architectural Contract shall be in form and substance satisfactory to Owner and shall not be amended, modified, supplemented or terminated without the prior written approval of Owner. Each Project Contract shall contain an express provision requiring such Project Contract to be assigned to Owner upon notice from Owner to the contractor or third party under such Project Contract, unless such Project Contract is already in the name of the Owner.
Enforcement of Contracts. Developer agrees, at Developer’s expense, to enforce or cause to be enforced, performance, as applicable, of the provisions of the Construction Contract, the Architectural Contract and all other contracts associated with the development of the Project (collectively, the “Project Contracts”) in a commercially reasonable manner such that all work performed and services provided under each Project Contract will be performed and provided, as the case may be, in accordance with its terms. Notwithstanding the foregoing, Owner shall have the right to enforce each such contract directly, and Developer shall cooperate with Owner in all reasonable respects with respect to such enforcement. To the extent that Developer is the prevailing party in an action to enforce any of the Project Contracts, Developer shall be entitled to recover its reasonable attorneys’ fees and costs from the adverse party under the applicable Project Contact; provided, however, that in the event Owner and Developer jointly incur costs in an action to enforce a Project Contract, Owner and Developer shall share in any recovery from such adverse party under the Project Contact in proportion to their respective expenses incurred in any such enforcement action. Upon the request of Owner from time to time, Developer shall provide or cause to be provided to Owner a list and copies of all Project Contracts. Each of the Construction Contract and the Architectural Contract shall be in form and substance satisfactory to Owner and shall not be amended, modified, supplemented or terminated without the prior written approval of Owner. Each Project Contract shall contain an express provision requiring such Project Contract to be assigned to Owner upon notice from Owner to the contractor or third party under such Project Contract, unless such Project Contract is already in the name of the Owner.
Enforcement of Contracts. Company covenants that it will take any action and institute any proceedings to cause and require all contractors and material suppliers to complete their contracts diligently in accordance with the terms of said contracts, including, without limitation, the correcting of any defective work. All expenses incurred by Company in connection with the performance of its obligations under this Section 5.6 may be considered part of the Cost of the Project, and Issuer agrees that Company may, from time to time, in its own name, take such action as may be necessary or advisable, as determined by Company, to insure the construction of the Project in accordance with the terms of the construction contract and the installation of machinery and equipment in accordance with any applicable contract pertaining thereto, to insure the peaceable and quiet enjoyment of the Mortgaged Property for the term of this Loan Agreement.
Enforcement of Contracts. Seller and its Subsidiaries shall enforce all of their existing contracts and agreements prohibiting or restraining competition or the solicitation of employees.
Enforcement of Contracts. Each Loan Party shall exercise promptly and diligently its material rights under each Contract, General Intangible and/or Account (other than any right of termination). Borrower Representative shall deliver to Administrative Agent copies of all material demands or notices received by any Loan Party relating in any way to any Contract, General Intangible and/or Account.
