Legal Effect of Agreement. Indemnitor and Indemnitee agree that: (i) this Agreement is intended as Indemnitee’s written request for information (and Indemnitor’s response) concerning the environmental condition of the real Property security as required by California Code of Civil Procedure Section 726.5; and (ii) each provision in this Agreement (together with any indemnity applicable to a breach of any such provision) with respect to the environmental condition of the real Property security is intended by Indemnitee and Indemnitor to be an “environmental provision” for purposes of California Code of Civil Procedure Section 736, and as such it is expressly understood that Indemnitor’s duty to indemnify Indemnitee hereunder shall survive: (i) any judicial or non judicial foreclosure under the Security Instrument, or transfer of the Property in lieu thereof; (ii) the release and reconveyance or cancellation of the Security Instrument; and (iii) the satisfaction of all of Indemnitor’s obligations under the Note, the Security Instrument, the Loan Agreement and the other Loan Documents.
Legal Effect of Agreement. It is understood by and between the parties hereto that this Agreement shall be signed contemporaneously with an Asset Purchase Agreement and Stock Purchase Agreements to be entered into between PWSC and the Sellers therein described. However, this Agreement shall have no legal effect whatsoever until such time as the closing of the Asset Purchase Agreement and Stock Purchase Agreements, at which time this Agreement shall automatically take full force and effect and bind the parties hereto.
Legal Effect of Agreement. The Indemnitor and the Indemnified Parties agree that: (a) this Agreement is intended as the Indemnified Parties’ written request for information (and the Indemnitor’s response) concerning the environmental condition of the real property security as required by California Code of Civil Procedure Section 726.5; and (b) each provision in this Agreement (together with any indemnity applicable to a breach of any such provision) with respect to the environmental condition of the real property security is intended by the Indemnified Parties and the Indemnitor to be an “environmental provision” for purposes of California Code of Civil Procedure Section 736, and as such it is expressly understood that the Indemnitor’s duty to indemnify the Indemnified Parties hereunder shall survive but only as to matters arising prior to: (i) any judicial or non-judicial foreclosure under the Pledge Agreement, or transfer of the Collateral (or any portion thereof) in lieu thereof; (ii) the release and reconveyance or cancellation of the Mortgages; and (iii) the satisfaction of all of the Indemnitor’s obligations under the Note, the Pledge Agreement, the Loan Agreement and the other Loan Documents.
Legal Effect of Agreement. The Agreement shall, after the commencement of this Act, have legal effect with respect to the rights, obligations and administration of the University and the rights and obligations of the Government.
Legal Effect of Agreement. 7.1 The Parties agree that no legal relationship of any kind exists as a result of this Teaming Agreement, other than the covenants expressly contained herein. Neither Party shall have the authority to create any obligation for the other except to the extent stated herein. The Parties agree that this Teaming Agreement may be made known to the Client.
Legal Effect of Agreement. Employee agrees and understands that this Agreement may be treated as a complete defense to any legal, equitable, or administrative action that may be brought, instituted, or taken by Employee, or on Employee’s behalf, against the Company or the Releasees, and shall forever be a complete bar to the commencement or prosecution of any claim, demand, lawsuit, charge, or other legal proceeding of any kind against the Company and the Releasees.
Legal Effect of Agreement. This Agreement governs all commercial deposit accounts established with Wachovia Bank, National Association and supercedes any previous deposit agreement. The words "you," "your" and "yours" as used in this Agreement mean the person, partnership, corporation, association, limited liability company or other entity that maintains one or more deposit accounts with us including, but not limited to, all owners and signers on the account. The words "we," "us," "our," and "Bank" as used in this Agreement mean the Wachovia Bank in the state where we maintain your account. When you open, use and/or maintain an account with us, you are agreeing to the terms of this Agreement, including the fees and charges agreed to in writing by the parties hereto. Our deposit relationship with you is that of debtor and creditor, and you agree that we are not in any way acting as a fiduciary for you or for your benefit.
Legal Effect of Agreement. This Contribution Agreement is intended to be legally binding on and enforceable by the Parties in accordance with its terms, except for those portions which are expressed as subject to further negotiation and agreement which portions will become legally enforceable and binding upon their incorporation into the PMA and the execution of the PMA by the Parties.
Legal Effect of Agreement. The Parties agree that no legal relationship of any kind exists as a result of this MOU, other than the covenants expressly contained herein. Neither Party shall have the authority to create any obligation for the other except to the extent stated herein.
Legal Effect of Agreement. 13.1 This instrument contains the entire understanding and agreement of the parties. No oral statement or prior written matter extrinsic to this Agreement shall be of any force and effect, and the parties rely solely upon the representations, covenants, conditions and premises set forth in this Agreement.
13.2 Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement or any right or option shall not be controlling, nor shall it prevent or stop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect.
13.3 This Agreement shall be binding upon the parties, their heirs, assignees, distributees and personal representatives.
13.4 The terms and provisions of this Agreement shall be enforceable by the remedies of injunction, mandatory or prohibitory and specific performance in addition to any other rights and remedies available to either the Husband or the Wife. In the event either party shall institute any action against the other, for breach of any of the provisions of this Agreement and provided he or she shall be successful in said action, the successful party shall be entitled to an award for the reasonable value of the services provided by his or her attorney. In the event such lawsuit shall be settled, the Court shall have the right to determine the extent, if any, of entitlement to counsel fees.
13.5 All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the State of New York.
13.6 Each of the rights and obligations of the parties hereunder shall be deemed independent of each other.
13.7 The parties agree that they shall both forthwith execute and deliver to the other any and all documents requested by the other which relate to and are in furtherance of the provisions of this Agreement.
13.8 The terms and provisions of this Agreement shall remain private and confidential. Except in order to enforce any term or condition of this Agr...
