General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICT, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICT’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement.
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICTThe Salvation Army, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT The Salvation Army to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT Salvation Army agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICTThe Salvation Army’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement.
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICT, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICT’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement, provided, however, that in no event shall the DISTRICT be subjected to any liability greater than found in the Kansas Tort Claims Act, K.S.A. 75-6101, et. seq., and amendments thereto.
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICTThe Salvation Army, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT The Salvation Army to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT Salvation Army agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements judgments for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICTThe Salvation Army’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICT, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements judgments for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICT’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement, provided, however, that in no event shall the DISTRICT be subjected to any liability greater than found in the Kansas Tort Claims Act, K.S.A. 75- 6101, et. seq., and amendments thereto.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
General Administration. It is the intent of the parties hereto in the preparation and execution of this Agreement to avoid a conflict with the applicable laws or regulations of the State of Kansas, and if any provision herein is found to be in conflict with state law or regulation, it is the intent of the parties hereto that such provisions shall have no force and effect, and the remainder of the Agreement shall be valid as though such conflicting provisions had not been written or made a part hereof. It is understood and agreed that the written terms and provisions of the Agreement shall supersede all prior verbal statements of any and every official and/or other representative of the CITY and the DISTRICT, and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way, the written Agreement. The parties agree that neither shall assign or transfer their interest in this Agreement without the written consent of the other. The failure of the CITY or the DISTRICT to insist on strict performance of any of the terms and conditions herein shall not be deemed a waiver of the right to demand strict performance of that or any other provision at any time thereafter. The DISTRICT agrees to defend, indemnify, and hold harmless the CITY and its agents and/or employees from any and all claims, settlements, and judgements for personal injury, bodily injury, property damage, and/or death arising out of the DISTRICT’s or any of its agents’, servants’, and/or employees’ negligent acts and/or failures to act in the performance of this Agreement, provided, however, that in no event shall the DISTRICT be subjected to any liability greater than found in the Kansas Tort Claims Act, K.S.A. 756101, et. seq., and amendments thereto.
Appears in 1 contract
Samples: Grant Agreement