Enforcing the Agreement Sample Clauses

Enforcing the Agreement. If Indemnitee properly makes a claim for indemnification or an advance of expenses which is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in whole or in part, the Indemnitee shall be entitled to be paid also all expenses actually and reasonably incurred in connection with prosecuting such claim.
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Enforcing the Agreement. Upon any default, Bank is authorized to act as owner of the Deposit Account and to apply all or any portion to: (a) the Bank's costs in enforcing its rights hereunder; (b) the interest and fees relating to the Debt; and (c) the principal of Debt. Bank is irrevocably appointed as attorney-in-fact to execute any instruments required to satisfy Debt. This Agreement is governed by the laws of the state in which the Bank and Deposit Account are located. Bank's rights stated in this Agreement are in addition to any others it has under the law. If there is a conflict regarding the security interest between this Agreement and any other agreement, this Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect the Bank's security interest. If Bank waives or delays exercising a right, it does not forfeit that right or any others. You waive any defense you may have against Bank. Bank can exercise its rights against Deposit Account even if you are no longer liable on Debt because of a statute of limitations or because of other reasons. Until Debt is fully repaid, and you have no further obligations under this Agreement, you will subordinate in favor of Bank any right of subrogation and any right to enforce a remedy Bank now has or may later have.
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Enforcing the Agreement. Upon any default, we may apply all or any portion of the Security Deposit Account to pay: (a) our costs in enforcing our rights under the Agreement and/or the Security Agreement; (b) the interest and fees relating to the Debt; and (c) the principal of Debt. You irrevocably appoint us as attorney-in-fact to execute any instruments required to satisfy the Debt. Our rights stated in this Agreement are in addition to any others we have under the law. If there is a conflict regarding the security interest between this Agreement and any other agreement, this Agreement will control. If we waive or delay exercising a right, we do not forfeit that right or any others. You waive any defense you may have against us. We can exercise our rights against Security Deposit Account even if you are no longer liable on Debt because of a statute of limitations or because of other reasons. Until the Debt is fully repaid, and you have no further obligations under the Agreement or this Security Agreement, you will subordinate in favor of us any right of subrogation and any right to enforce a remedy we now have or may later have.
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Enforcing the Agreement. If the Indemnitee properly makes a claim for indemnification or an advance of expenses that is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety (90) days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in such suit, the Indemnitee shall be entitled to be paid also all reasonable out-of-pocket costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) actually incurred in connection with prosecuting such claim.
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Enforcing the Agreement. This Agreement benefits the City and owners of property within 300 feet of the Property, and either the City or any benefitted property owner may institute and prosecute a proceeding at law or in equity to enforce this Agreement.
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Enforcing the Agreement. When the jury verdict is rendered, the parties should advise the court of the high-low agreement and request that judgment not be entered. Both the Virginia Code and case law suggests that a high-low agreement is a settlement. See Va. Code § 8.01-35.1; Xxxxx x. Xxxxxx, 254 Va. at 351 (characterizing a high-low as an “agreement” that would not be rewritten by the court); see also Xxxxx x.
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Enforcing the Agreement. (a) If Indemnitee properly makes a request for indemnification or advancement of Expenses that is payable pursuant to the terms of this Agreement and (i) indemnification is not paid in full by the Company, or on its behalf, within 60 days after the receipt by the Company of a written statement or statements requesting indemnification, (ii) a determination is made pursuant to Section 5(c) of this Agreement that Indemnitee is not entitled to indemnification, or (iii) advances are not paid in full by the Company, or on its behalf, within 30 days after the receipt by the Company of a written statement or statements requesting such payment, Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of any request for indemnification or advancement of Expenses. If successful in whole or in part in any such suit, Indemnitee also shall be entitled to be paid all reasonable expenses actually incurred by Indemnitee in connection with prosecuting such claim. (b) In any suit brought by Indemnitee to enforce a right to indemnification under this Agreement (but not in a suit brought by Indemnitee to enforce a right to advancement of Expenses) it shall be a defense that indemnification is not permitted by applicable law. Further, in any suit by the Company to recover an advancement of Expenses, the Company shall be entitled to recover such Expenses if it shall ultimately be determined in a final adjudication from which there is no appeal that indemnification is not permitted by applicable law. In any suit brought by Indemnitee to enforce a right to indemnification or advancement of Expenses under this Agreement, or by the Company to recover an advancement of Expenses, the burden of proving that Indemnitee is not entitled to be indemnified, or to such advancement of Expenses, shall be on the Company. (c) In any suit brought by Indemnitee to enforce a right to indemnification or advancement of Expenses under this Agreement, the determination of Indemnitee’s entitlement to indemnification or advancement of Expenses shall be made de novo and Indemnitee shall not be prejudiced by reason of a determination (if so made) pursuant to Section 5(c) of this Agreement that Indemnitee is not entitled to indemnification. Neither the failure of the Company (including the Disinterested Directors, a committee of Disinterested Directors, Special Legal Counsel or the Company’s stockholders) to have made a determination prior to the commencement of such...
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Enforcing the Agreement 
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Related to Enforcing the Agreement

  • AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.

  • ENDING THE AGREEMENT 8.1 As well as any other rights we have, we can end the Agreement and/or a Related Agreement at any time, with immediate effect if: (a) you don't pay Charges when they are due. This includes any deposit we've asked for; (b) you break this Agreement and/or a Related Agreement in any other material way and you don't correct the situation within 7 days of us asking you to; (c) we reasonably believe that the Service is being used in a way forbidden by paragraph 6, even if you don't know that the Service is being used in such a way; (d) you're in breach of paragraphs 6.3 (a)-(f) or you persistently behave in a way that would allow us to bar your SIM Card in accordance with paragraph 7 of this Agreement; (e) we reasonably believe that you are infringing or have infringed our Rights or the Rights of a third party; (f) you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors; or (g) you refuse to return or unreasonably delay in returning any payment, refund or credit that has been made to you in error or for the incorrect amount. 8.2 This Agreement can be ended by either you or by us giving at least 30 days' Notice (in line with paragraph 19). Unless your statutory rights allow otherwise, you must pay us any outstanding Charges, including the Charges for this notice period. 8.3 Unless otherwise specified, if you end this Agreement during any Minimum Period or we end this Agreement under paragraph 8.1(a)-(e) and (g), you must pay us a fee of no more than each of the Monthly Subscription Charges up to the end of the Minimum Period. If you pay us the fee of no more than each of the Monthly Subscription Charges up to the end of that Minimum Period in a single payment, we may reduce the amount due by a rate determined by us. This doesn't apply if you end the Agreement for the one of reasons in paragraph 8.4 below. 8.4 You can end this Agreement by giving us Notice (in line with paragraph 19 if: (a) we break a material term of this Agreement which completely restricts our ability to provide you with the Service and we don't correct it within 7 days of receiving your complaint; (b) we go into liquidation or a receiver or administrator is appointed over our assets; (c) we increase our Charges in a way that would allow you to end the Agreement under the terms of this Agreement or (d) we change the terms of this Agreement to your significant disadvantage (which for the avoidance of doubt shall not include an increase in Charges for Additional Services, or an increase in Charges as permitted under the terms of this Agreement. 8.5 If you end this Agreement and have a credit on your final bill, please contact Customer Services and we'll arrange to have this refunded to you.

  • Terminating the Agreement With reasonable cause, either Client or Contractor may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage; or Either party terminating this Agreement at any time by giving days' written notice to the other party of the intent to terminate.

  • Execution of the Agreement The Company, the party executing this Agreement on behalf of the Company, and the Consultant, have the requisite corporate power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder. All corporate proceedings have been taken and all corporate authorizations and approvals have been secured which are necessary to authorize the execution, delivery and performance by the Company and the Consultant of this Agreement. This Agreement has been duly and validly executed and delivered by the Company and the Consultant and constitutes a valid and binding obligation, enforceable in accordance with the respective terms herein. Upon delivery of this Agreement, this Agreement, and the other agreements and exhibits referred to herein, will constitute the valid and binding obligations of Company, and will be enforceable in accordance with their respective terms. Delivery may take place via facsimile transmission.

  • PARTIES TO THE AGREEMENT ‌ The parties to the Agreement (hereinafter "Party" or "Parties") are: 1. PDL International Pte Ltd NEPTUNE PACIFIC DIRECT LINE PTE. LTD. ("PDL NPDL") 000 Xxxxx Xxxxxx, #03-00,PIL Building 8 Xxxxxx Road, #03-01 Singapore Xxxxxx Xxxx, Xxxxxxxxx, 000000 228095 2. Pacific Forum Line (Group) Limited ("PFLG") X.X. Xxx 000, 0xx Xxxxx Xxxxxx Xxxxx Lini Highway Port Vila Vanuatu

  • Modification of the Agreement Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

  • Subject of the Agreement The subject of this Agreement is to define the conditions of cooperation and the rights and duties of the Parties while providing the Licensed Materials to the Licensee and the Participating Institutions as defined in this Agreement.

  • Accepting the Agreement When you use any of the Online Banking Services described in this Agreement or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

  • Reliance on the Agreement To the extent that, at law or in equity, a Member, Manager, director of the Company, officer of the Company or any Specified Agent has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any Member or other person bound by this Agreement, such Member, Manager, director, officer or any Specified Agent acting under this Agreement shall not be liable to the Company or to any Member or other person bound by this Agreement for its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Member, Manager, director of the Company, officer of the Company or any Specified Agent otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of such Member, Manager, director or officer or any Specified Agent.

  • Breach of the Agreement The Beneficiary commits a material breach of its obligations under this Agreement;

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