General Provisions Applicable to all Force Majeure Events Sample Clauses

General Provisions Applicable to all Force Majeure Events. (a) Subject to Article 8 (Termination) and Article 9 (Default), a Regulatory Force Majeure Extension or Litigation Force Majeure Extension, as applicable (in either case, a “Force Majeure Extension”), will be deemed validly in effect and extend the Initial Expiration Date or the Phase 2 Expiration Date, as applicable, for the period described in Developer’s Regulatory Force Majeure Notice or Litigation Force Majeure Notice (in either case, a “Force Majeure Notice”) or a shorter period if the Regulatory Force Majeure Event or Litigation Force Majeure Event (in either case, a “Force Majeure Event”) is resolved before such date, unless:
AutoNDA by SimpleDocs
General Provisions Applicable to all Force Majeure Events. Subject to Article 8 (Termination) and Article 9 (Default), a Regulatory Force Majeure Extension or Litigation Force Majeure Extension, as applicable (in either case, a “Force Majeure Extension”), will be deemed validly in effect and extend the Initial Expiration Date or the Phase 2 Expiration Date, as applicable, for the period described in Developer’s Regulatory Force Majeure Notice or Litigation Force Majeure Notice (in either case, a “Force Majeure Notice”) or a shorter period if the Regulatory Force Majeure Event or Litigation Force Majeure Event (in either case, a “Force Majeure Event”) is resolved before such date, unless: (i) City gives Developer notice within ten (10) business days after City’s receipt of the Force Majeure Notice that, based on the Director’s reasonable judgment, no Force Majeure Event exists, or (ii) a Terminating Event has occurred before Developer delivered its Force Majeure Notice, or (iii) an Event of Default, or an event that, with notice or the passage of time or both would constitute an Event of Default, has occurred and is uncured on the date the Force Majeure Notice is delivered. In addition to a Force Majeure Extension under Section 2.3 (Regulatory Force Majeure) or Section 2.4 (Litigation Force Majeure), Developer may request one or more additional Force Majeure Extensions under this Section 2.5(b) (General Force Majeure Provisions) by submitting its written request to the Director describing the Force Majeure Event, providing Developer’s good faith estimate of the dates by which Developer will be able to satisfy the Project Schedule, as extended by any earlier Force Majeure Extension. The Director will determine whether to grant Developer’s request for an additional Force Majeure Extension or to submit Developer’s request to the SFMTA Board to be considered in open session. The Director may grant or deny Developer’s request in his or her sole discretion. Except for the Phase 2 Expiration Date and the revised Project Schedule as specified in a valid Force Majeure Notice or as otherwise specified in a SFMTA decision granting an additional Force Majeure Extension, no other terms of this Agreement will be affected by a Force Majeure Extension. The Parties agree to proceed with due diligence and cooperate with one another to resolve the Force Majeure Event, and acknowledge that the resolution of the Force Majeure Event may affect Development Overview provisions to which they have previously agreed and require additional De...

Related to General Provisions Applicable to all Force Majeure Events

  • General provisions applicable to payments The holder of a Global Note shall be the only person entitled to receive payments in respect of Notes represented by such Global Note and the Issuer will be discharged by payment to, or to the order of, the holder of such Global Note in respect of each amount so paid. Each of the persons shown in the records of Euroclear or Clearstream, Luxembourg as the beneficial holder of a particular nominal amount of Notes represented by such Global Note must look solely to Euroclear or Clearstream, Luxembourg, as the case may be, for his share of each payment so made by the Issuer to, or to the order of, the holder of such Global Note. Notwithstanding the foregoing provisions of this Condition, if any amount of principal and/or interest in respect of Notes is payable in U.S. dollars, such U.S. dollar payments of principal and/or interest in respect of such Notes will be made at the specified office of a Paying Agent in the United States if:

  • SECTION 12 – GENERAL PROVISIONS 12.1 The parties may amend any provision of the Agreement at any time by agreement in writing.

  • General Conditions Applicable to Option to Build If the Interconnection Customer assumes responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades,

  • General Conditions Applicable to Insurance All policies of insurance required by this section shall comply with the following requirements:

  • Other General Provisions 14.2.1 This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other, except that Oracle may assign without consent to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. There are no third-party beneficiaries to this Agreement.

  • 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

  • Provisions Applicable to Certain Agreements The provisions in this section are applicable only to the types of orders specified in the first sentence of each subsection. If this Agreement is not of the type described in the first sentence of a subsection, then that subsection does not apply to the Agreement.

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

  • Health and Safety Provisions The Employer shall continue to make and enforce provisions for the occupational health, safety, and security of employees. The Employer will respond to suggestions on the subject from the Union and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury and employment-related chronic illness.

  • General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:

Time is Money Join Law Insider Premium to draft better contracts faster.