No Cost to the First Nation Sample Clauses

No Cost to the First Nation. Except as otherwise explicitly set out in this Lease, the First Nation will not be responsible during the Term for any costs, charges, and expenses arising from or relating to the Premises, the use or occupancy of the Premises, the business carried out on the Premises, or any of the Lessee’s obligations in this Lease.183 180 A covenant is a promise to do or not do something with respect to a property, the failure of which allows the other party to sue for damages. A condition is a contingency that must be met, the failure of which allows the other party to take back the property right granted (in this case, the leasehold interest). The Parties can agree to delete this clause and leave it open to determining which clauses give rise to an action in damages upon breach and which clauses provide a right of termination upon breach. Alternatively, the Parties can (and likely should) discuss which result should arise from each clause and set them out here. In both of these cases, the Parties should turn their mind to the wording of the default and termination provisions (article 10) as they currently are written as if all clauses are conditions. The Lessee’s obligations to the First Nation should not be conditions, as the First Nation’s remedies are limited to claiming damages. 181 There are two presumptions in the common law that are being precluded here: 1) that an ambiguous standard form contract is construed in favour of the non-drafter; and 2) that an ambiguous agreement with a First Nation is construed in favour of a First Nation. There likely is only a low risk that either of these presumptions might be considered in interpreting this template Lease, but they should be precluded because all Parties have an ability to obtain proper advice and representation and to influence the final terms executed by the Parties. 182 This clause is one of the central paradigms of the template Lease – that the Lessor will bear no costs arising from the lease (other than its own costs in administering it). The phrase “absolute net lease” is a term of art completely relieving a landlord from any financial obligations for the lands. The second sentence essentially paraphrases that concept. 183 This clause for the First Nation mimics the Lessor’s but without the leasehold reference.
Sample 1
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Related to No Cost to the First Nation

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

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