Common use of NO CITY EXPENDITURE Clause in Contracts

NO CITY EXPENDITURE. Nothing in this agreement shall be construed to require that the City make any expenditure of its funds by, through or under this agreement. All statements or representations found anywhere in this agreement that imply or expressly state the City has an obligation(s) to expend City funds shall be interpreted by City and Developer to mean that such obligation(s): (i) is subject to an appropriation being made by City Council; (ii) shall be met under a separate contract(s) between City and a third party(s); (iii) shall not be construed in any manner to be a third party beneficiary contract(s) benefiting Developer; and (iv) shall not give any enforcement rights, in law or equity, vested in Developer or any other person or entity, either under separate contract(s) or this agreement.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

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NO CITY EXPENDITURE. Nothing in this agreement Agreement shall be construed to require that the City make any expenditure of its funds by, through or under this agreementAgreement. All statements or representations found anywhere in this agreement Agreement that imply or expressly state the City has an obligation(s) to expend City funds shall be interpreted by City city and Developer Concessionaire to mean that such obligation(s): ) is (i) is subject to an appropriation being made by City Council; (ii) shall be met under a separate contract(s) between City and a third party(s); (iii) shall not be construed in any manner to be a third party beneficiary contract(s) benefiting DeveloperConcessionaire; and (iv) shall not give any enforcement rights, in law or equity, vested in Developer Concessionaire or any other person or entity, vested in Concessionaire or any other person or entity, either under separate contract(s) or this agreementAgreement.

Appears in 3 contracts

Samples: Food and Beverage Concession Agreement, Retail Concession Agreement, Food and Beverage Concession Agreement

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