Existing Contract. Except to the extent required of Landlord under subparagraph 10.(b), Tenant shall satisfy all surviving obligations of Tenant under the Existing Contract and under other agreements described therein. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all Losses imposed on or asserted against or incurred by Landlord at any time and from time to time by reason of, in connection with or arising out of any obligations imposed by the Existing Contract or the other agreements described therein. THE INDEMNITY SET OUT IN THIS SUBPARAGRAPH SHALL APPLY EVEN IF THE SUBJECT OF THE INDEMNIFICATION IS CAUSED BY OR ARISES OUT OF THE ORDINARY NEGLIGENCE (AS DEFINED ABOVE) OF LANDLORD; provided, such indemnity shall not apply to Losses proximately caused by (and attributed by any applicable principles of comparative fault to) the Active Negligence, gross negligence or willful misconduct of Landlord. Because Tenant hereby assumes and agrees to satisfy all surviving obligations of Tenant under the Existing Contract and the other agreements described therein, no failure by Landlord to take any action required by the Existing Contract or such other agreements (save and except any actions required of Landlord under subparagraph 10.(b)) shall, for the purposes of this indemnity, be deemed to be caused by the Active Negligence, gross negligence or willful misconduct of Landlord. The foregoing indemnity is in addition to the other indemnities set out herein and shall not terminate upon the closing of any sale of Landlord's interest in the Leased Property pursuant to the provisions of the Purchase Agreement or the termination of this Lease.
Existing Contract. This Agreement does not supersede nor replace the existing Primary Care Provider, Specialty Provider, or Hospital Provider Contract between PHC and the 340B Participating Entity. If this Agreement conflicts with the Provider Contract between the Parties, the Provider Contract shall prevail.
Existing Contract. The parties to this MOU are parties to the following: Memorandum of Understanding between District and Management/Supervisory Employees effective July 1, 2017; The agreements and memoranda of understanding identified in this paragraph shall be referred to herein as the “Existing Contract.”
Existing Contract. Buyer and Seller acknowledge and agree that pursuant to that certain Equipment Purchase Contract No. 20041101-J dated as of November 1, 2004, as amended, between Buyer and Seller, Seller is to deliver to Buyer 1,000 steel containers, prior to March 31, 2006, and the terms and conditions of the Existing Contract and not this Contract will continue to govern such transaction.
Existing Contract. The parties have executed a Master Transportation Agreement dated July 25, 1995 (the "MTA") and thereafter executed a First Amendment to the Master Transportation Agreement on September 23, 1998 (xxx "Xxxxx XXX"). Xxe MTA and the First MTA are hereafter jointly referred to as the MTA. Concurrent with the Effective Date of this Agreement, the MTA shall automatically terminate and become null and void. Notwithstanding the termination of the MTA, each party reserves any and all claims for unpaid obligations payable (or claims) under the MTA through the Effective Date, it being further understood and agreed that the confidentiality indemnity and insurance rights and obligations in the MTA shall survive the termination of the MTA.
Existing Contract. An “Existing Contract” shall be any contract to which CHSi or any Subsidiary is a party during the term of this Agreement where CHSi or any Subsidiary performs services to or for any commercial or governmental entity, whether federal, state or local, either directly as a prime contractor or indirectly as a first tier or lower subcontractor.
Existing Contract any agreement or contract fully executed prior to the effective date of this Part for the collection, disposal or transportation of municipal waste generated within this Township. Facility–the waste to energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the plan. Full system operation or fully operational–date which is 60 days from the date upon which the County and other municipalities representing in the aggregate not less than 60 percent of the population of the County, as determined by the 1980 Decennial Census of the United States, execute the Intermunicipal Agreement and enact waste flow ordinances. LCSWMA–the Lancaster County Solid Waste Management Authority, its assigns, its successors in interest, and its predecessor in interest, the Lancaster Area Refuse Authority.
Existing Contract. (a) The Contractor and the Authority agree that, on and from the Effective Date, subject to clause 2(c):
(i) each is bound by, and will comply with, the terms of this Contract; and
(ii) the Existing Contract is terminated and:
(A) the Authority releases the Contractor from all obligation and liability under or in connection with the Existing Contract and any action, claim or demand the State Body has, or but for this clause 2 would have had, against the Contractor under or in connection with the Existing Contract; and
(B) the Contractor releases the State Body from all obligation and liability under or in connection with the Existing Contract and any action, claim or demand the Contractor has, or but for this clause 2 would have had, against the State Body under or in connection with the Existing Contract.
(b) The releases given under clause 2(a) are given regardless of:
(i) whether the obligation, liability, action, claim or demand arises or arose at law, in equity or otherwise;
(ii) when the obligation, liability, action, claim or demand arises or arose; and
(iii) whether or not the State Body or the Contractor (as the case may be) is now or in the future aware of the facts and circumstances relevant to the obligation, liability, action, claim or demand, and survive termination or expiry of this Contract.
(c) Nothing in this clause 2 operates to release:
(i) the State Body; or
(ii) the Contractor, from any:
(iii) obligation under the Existing Contract to pay money which has become due for payment by the Effective Date; or
(iv) liability it has or has incurred for a negligent act or omission resulting in death of or injury to any person.
Existing Contract. Except as expressly provided herein, nothing in this Agreement is intended to modify the terms of the Contract for Electric Service entered into between Customer and the Company dated , .
