Extent of Access Sample Clauses

Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. Notwithstanding the terms of Clauses 9.1 and 9.2, or any other rights granted under this Agreement, the Authority shall (if it is the heritable proprietor of the Site), or (if it is not the heritable proprietor of the Site) shall procure that the heritable proprietor of the Site shall, enter into such wayleaves, deeds of servitudes or other similar arrangements with any third party that hubco or any hubco Party may require to be granted in favour of or by any third party, in order to exercise its rights or perform its obligations under this Agreement. The Authority shall enter into (or, where appropriate, shall procure that the heritable proprietor of the Site shall enter into) any such wayleave, deed of servitude or other similar agreement as soon as reasonably practicable after hubco has provided to the Authority all relevant information in connection therewith provided always that xxxxx has obtained at its own cost the prior agreement of the third party in terms acceptable to the Authority (acting reasonably). hubco shall reimburse the Authority for all costs and expenses reasonably and properly incurred by the Authority (and/or the [Scottish Ministers/heritable proprietor of the Site]) in connection with entering into such wayleaves, deeds of servitude or other similar agreements at the request of hubco.6 10THE SITE7 Without prejudice to Clause 17, the condition of the Site [subject to Clauses 10.3 and 10.4] bet...
Sample 1
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Extent of Access. 9.2.1 For all access under Clause 9.1 (Allow Access), BT shall, or shall procure that the relevant member of the BT Group shall, provide notice that is reasonable in the circumstances (which may be immediate) to Reuters when requiring access to any Facility save that no notice shall be required in respect of a Site where the BT Personnel already have valid access rights for that purpose to the relevant part of the Site (including valid access rights granted prior to the Signing Date). The provision of at least five (5) Business Days shall always be deemed reasonable notice for the purposes of this Clause 9.2.1.
Sample 1
Extent of Access. The right of a Representative to obtain such access shall not be conditional upon the execution by the Representative or CWB of any agreement, waiver or release which in any way affects the Representative's legal rights or the rights or obligations of CWB, and any such document executed in contravention of this provision shall be without force or effect.
Sample 1
Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. 10THE SITE The Authority is solely responsible for the extent, adequacy and location of the Site, Site Conditions and the condition of any existing buildings, structures and works on, over or under the Site. Without prejudice to any other obligation of hubco under this Agreement, hubco shall be deemed to have:- satisfied itself as to the rights of access to and through the Site granted hereunder and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Site) without prejudice to hubco’s rights under this Agreement in respect of a breach by the Authority of its obligations under Clause 9.1 and/or Clause 9.2; satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and satisfied itself as to the conditions, burdens, restrictions and reservations set out in the Title Conditions and the Reserved Rights. Not used. Not used. Without prejudice to Clause 17, following the Actual Completion Date hubco shall be responsible for the costs of cleaning up and/or otherwise dealing with any Contamination which subsequently occurs on any part(s) of the Sites (whether arising from a source on or off Site) to the extent that such Contamination has been caused by hubco either by a breach of its obligations under this ...
Sample 1

Related to Extent of Access

  • Extent of Agreement 17.1 This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall not be superseded by provisions of contracts for design or construction and may be amended only by a written instrument signed by both the OWNER and the CONSULTANT.

  • Extent of Services Executive will devote all of his working time, attention and skill to the duties and responsibilities set forth in Section 3. To the extent that such activities do not interfere with his duties under Section 3, Executive may participate in other businesses as a passive investor, but (a) Executive may not actively participate in the operation or management of those businesses, and (b) Executive may not, without the Company’s prior written consent, make or maintain any investment in a business with which the Company or its subsidiaries has an existing competitive or commercial relationship.

  • Extent of Amendments Except as otherwise expressly provided herein, the Credit Agreement and the other Loan Documents are not amended, modified or affected by this Amendment. The Borrower hereby ratifies and confirms that (i) except as expressly amended hereby, all of the terms, conditions, covenants, representations, warranties and all other provisions of the Credit Agreement remain in full force and effect, (ii) each of the other Loan Documents are and remain in full force and effect in accordance with their respective terms, and (iii) the Collateral and the Liens on the Collateral securing the Obligations are unimpaired by this Amendment and remain in full force and effect.

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • Nature and Extent of Each Borrowers Liability (a) Each Borrower shall be liable for, on a joint and several basis, and hereby guarantees the timely payment by all other Borrowers of, all of the Loans and other Obligations, regardless of which Borrower actually may have received the proceeds of any Loans or other extensions of credit hereunder or the amount of such Loans received or the manner in which Agent or any Lender accounts for such Loans or other extensions of credit on its books and records, it being acknowledged and agreed that Loans to any Borrower inure to the mutual benefit of all Borrowers and that Agent and Lenders are relying on the joint and several liability of Borrowers in extending the Loans and other financial accommodations hereunder. Each Borrower hereby unconditionally and irrevocably agrees that upon default in the payment when due (whether at stated maturity, by acceleration or otherwise) of any principal of, or interest owed on, any of the Loans or other Obligations, such Borrower shall forthwith pay the same, without notice or demand.

  • Acknowledgment Regarding Any Supported QFCs To the extent that the Loan Documents provide support, through a guarantee or otherwise, for any Swap Contract or any other agreement or instrument that is a QFC (such support, “QFC Credit Support”, and each such QFC, a “Supported QFC”), the parties acknowledge and agree as follows with respect to the resolution power of the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act and Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (together with the regulations promulgated thereunder, the “U.S. Special Resolution Regimes”) in respect of such Supported QFC and QFC Credit Support (with the provisions below applicable notwithstanding that the Loan Documents and any Supported QFC may in fact be stated to be governed by the laws of the State of New York and/or of the United States or any other state of the United States):

  • Disclaimer and Limitation of Liability THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

  • Extent of Liability; Contribution (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.

  • Duties and Extent of Services (a) During the Term of Employment, the Executive shall serve as Group President of the Company, and, in such capacity, he shall serve as the senior-most executive responsible for one or more of the Company's brands and/or business units as he may be assigned from time to time. In such capacity, he shall render such executive, managerial, administrative and other services as customarily are associated with and incident to such positions, and as the Company may, from time to time, reasonably require of him consistent with such positions.

  • NOW IT IS HEREBY AGREED as follows:

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