Facilities Lease is Legally Binding Sample Clauses

Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The “Term” of this Facilities Lease for the purposes of District’s obligation to make Lease Payments shall commence on the date when Developer delivers possession of the Project to District and when all improvements to be provided by Developer are determined by the District to be completed as set forth in Exhibit D to this Facilities Lease. Unless earlier terminated pursuant to the provisions of the Contract Documents, the Term of this Facilities Lease for the purposes of District’s obligations to make Lease Payments shall terminate one (1) year thereafter or upon payment of the final lease payment.
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Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The “Term” of this Facilities Lease for the purposes of District’s obligation to make Lease Payments shall commence on the earlier of the following two (2) events, whichever occurs first (“Commencement Date”):
Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The Term of this Facilities Lease for the purposes of District’s occupancy shall commence on the earlier of the following two (2) events (“Commencement Date”) and shall terminate twelve (12) months after the Commencement Date (the “Term”):
Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The Term of this Facilities Lease for the purposes of District’s occupancy shall commence after the Parties have satisfied all preconditions for the Parties execution of the Memorandum of Commencement Date as set forth in “Timing of Lease Payments” in Exhibit C, and then on the earlier of the following two (2) events (“Commencement Date”), and shall terminate twelve (12) months after the Commencement Date (the “Term”):
Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The Term of this Facilities Lease for the purposes of District’s occupancy shall commence on the earlier of the following two (2) events (“Commencement Date”) and shall terminate twelve (12) months after the Commencement Date (the “Term”): The date the District takes beneficial occupancy of the entire Project; or The date of Project Completion, as defined in Exhibit D to this Facilities Lease. On the Commencement Date, the Parties shall execute the Memorandum of Commencement Date attached hereto as Exhibit E to memorialize the commencement and expiration dates of the Term. Notwithstanding this Term, the Parties hereby acknowledge that each has obligations, duties, and rights under this Facilities Lease that exist upon execution of this Facilities Lease and prior to the beginning of the Term. The Parties expressly agree that the District’s obligation to make Lease Payments, notwithstanding the Commencement Date, is conditioned on the Contractor completing and satisfying all conditions indicated in Exhibit C, that are required prior to the District being obligated to make the first Lease Payment. The Term may be extended or shortened upon the occurrence of the earliest of any of the following events, which shall constitute the end of the Term: An Event of Default by District as defined herein and Contractor’s election to terminate this Facilities Lease as permitted herein, or An Event of Default by Contractor as defined herein and District’s election to terminate this Facilities Lease as permitted herein, or A third-party taking of the Project under Eminent Domain, only if the Term is ended as indicated more specifically herein. Damage or destruction of the Project, only if the Term is ended as indicated more specifically herein.
Facilities Lease is Legally Binding. This Facilities Lease is legally binding on the Parties upon execution by the Parties and the District Board’s approval of this Facilities Lease. The “Term” of this Facilities Lease for the purposes of District’s obligation to make Lease Payments shall commence on the date the District takes beneficial occupancy of the Project (“Commencement Date”). Unless earlier terminated pursuant to the provisions of the Contract Documents, the Term of this Facilities Lease for the purposes of District’s obligations to make Lease Payments shall terminate [one (1) year] thereafter or upon payment of the final lease payment.

Related to Facilities Lease is Legally Binding

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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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