No Obligation to Provide Sample Clauses

No Obligation to Provide. Water Facilities that Cannot be Financed. Notwithstanding this Section 3.6 or any other provisions of this Agreement, the City shall not be required to provide any Water Facilities or Future Growth Main(s) pursuant to this Agreement if the entire cost of the Future Growth Main(s) or Water Facilities cannot be recovered pursuant to Section 3.6.3 of this Agreement.
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No Obligation to Provide. No Warranty of Accuracy or Completeness. This Agreement defines the rights, duties and obligations of the Parties with respect to Evaluation Material disclosed or made available hereunder. Under no circumstances shall any Party be obligated to disclose or make available to the other Parties any information including, without limitation, any Evaluation Material, that such Party in its sole discretion determines not to disclose, provided, however, that to the extent that any Party, acting through one of its authorized officers makes such a determination as to information requested by the other Party, it will so advise the other Party of that fact. The Parties (i) acknowledge that no Party, nor any Representative of any Party, makes any representation or warranty, either express or implied, as to the accuracy or completeness of any Evaluation Material, and (ii) agree, to the fullest extent permitted by law, that except as may be provided in a Definitive Agreement (as defined below), no Party, nor any Representative of any Party, shall have any liability to the other Parties or any of the other Parties' Representatives on any basis (including, without limitation, in contract, tort, under federal or state securities laws or otherwise) as a result of the Parties' participation in evaluating a possible Transaction, the review by any Party of the other Parties'. Evaluation Material, or the use of the Evaluation Material by any Party or its Representatives in accordance with the provisions of this Agreement. Each Party agrees that it is not entitled to rely on the accuracy or completeness of the Evaluation Material. Each Party understands and agrees that there is no definitive agreement providing for a Transaction currently existing among the Parties and to no contract or agreement providing for a Transaction shall be deemed to exist by virtue of this Agreement with respect to such Transaction except, in the case of this Agreement, for the matters specifically agreed to herein.
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No Obligation to Provide. No current Lender shall be obligated to make any Accordion Term Loan and any Accordion Term Loan by any current Lender shall be in the sole discretion of such current Lender.
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No Obligation to Provide alternative accommodation‌ In the event of partial or total destruction or damage to the Premises or any Dwelling the Director has no obligation to provide alternative accommodation to the Housing Support Provider, and neither party has an obligation to provide accommodation to any person under the Housing Support Provider’s responsibility.
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No Obligation to Provide alternative accommodation
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No Obligation to Provide access or Yard Services (a) the Operator has failed to satisfy all of the Conditions Precedent; (b) the Operator has failed to: (i) in relation to a Yard Facility, contact the Train Control Centre to request an access authority for access to the Yard Access Areas for the Operator’s Train in a manner that complies with the applicable Yard Access Times and otherwise complies fully with this Agreement (including Schedule 5); and (ii) in respect of Yard Services, submit an Access Form and Train Consist specifying the relevant Yard Services or has otherwise failed to comply fully with this Agreement (including Schedule 5); (c) the Operator attempts to access the Yard Facility outside of the Yard Access Times in a manner that does not comply with Schedule 5; (d) an emergency occurs; (e) Aurizon has a reasonable concern that providing such access or the provision of Yard Services may give rise to a material health or safety risk; (f) in Aurizon’s view, it is necessary to delay, hinder or prevent: (i) access by the Operator to a Yard Facility, any Yard Access Area or Approved Additional Infrastructure; or (ii) the provision of Yard Services by Aurizon to the Operator, in an effort to prevent or address any actual or potential: (iii) breach of safety requirements in relation to any Yard Facility (including any Yard Access Areas), any Approved Additional Infrastructure or the Mainline (or in respect of each, any part thereof); (iv) breach by another Train operator of the terms and conditions of that operator's access to and use of any Yard Facility; (v) death or injury to any person; (vi) loss or damage to any property including any Yard Facility (including any Yard Access Areas), any Approved Additional Infrastructure or the Mainline (or in respect of each, any part thereof); or (vii) delay to the progress of Trains that have priority over the Operator's Trains; or (g) any event outside of the reasonable control of Aurizon (including the occurrence of Force Majeure affecting Aurizon or its Related Bodies Corporate).
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No Obligation to Provide. Nothing in this Agreement obligates M2M to make any software available to Customer and it is in M2M’s sole discretion to decide which software (if any) to make available.
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Related to No Obligation to Provide

  • No obligation to monitor No Finance Party is bound to monitor or verify the utilisation of the Facility.

  • No Obligation to Employ Nothing in the Plan or this Agreement shall confer on the Participant any right to continue in the employ of, or other relationship with, the Company or any Parent, Subsidiary or Affiliate or limit in any way the right of the Company or any Parent, Subsidiary or Affiliate to terminate the Participant’s employment or service relationship at any time, with or without cause.

  • No Obligation to Pursue Others Bank has no obligation to attempt to satisfy the Obligations by collecting them from any other person liable for them and Bank may release, modify or waive any collateral provided by any other Person to secure any of the Obligations, all without affecting Bank’s rights against Borrower. Borrower waives any right it may have to require Bank to pursue any other Person for any of the Obligations.

  • No Obligation to Mitigate Executive shall not be required to seek other employment or otherwise to mitigate Executive's damages upon any termination of employment; provided, however, that, to the extent Executive receives from a subsequent employer health or other insurance benefits that are substantially similar to the benefits referred to in Section 5(b) hereof, any such benefits to be provided by the Company to Executive following the Term shall be correspondingly reduced.

  • No Obligation to Third Parties The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

  • Obligation to Provide Information Each party’s obligation to provide information shall be as follows: (a) TAM shall cause the Subadviser to be kept fully informed at all times with regard to the securities owned by the Fund, its funds available, or to become available, for investment, and generally as to the condition of the Fund’s affairs. TAM shall furnish the Subadviser with such other documents and information with regard to the Fund’s affairs as the Subadviser may from time to time reasonably request. (b) The Subadviser, at its expense, shall supply the Board, the officers of the Trust and TAM with all information and reports reasonably required by them and reasonably available to the Subadviser relating to the services provided by the Subadviser hereunder, including such information the Fund’s Chief Compliance Officer reasonably believes necessary for compliance with Rule 38a-1 under the 1940 Act.

  • NO OBLIGATION TO MAINTAIN RELATIONSHIP The Company is not by the Plan or this Option obligated to continue the Participant as an employee, director or consultant of the Company or an Affiliate. The Participant acknowledges: (i) that the Plan is discretionary in nature and may be suspended or terminated by the Company at any time; (ii) that the grant of the Option is a one-time benefit which does not create any contractual or other right to receive future grants of options, or benefits in lieu of options; (iii) that all determinations with respect to any such future grants, including, but not limited to, the times when options shall be granted, the number of shares subject to each option, the option price, and the time or times when each option shall be exercisable, will be at the sole discretion of the Company; (iv) that the Participant’s participation in the Plan is voluntary; (v) that the value of the Option is an extraordinary item of compensation which is outside the scope of the Participant’s employment contract, if any; and (vi) that the Option is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.

  • No Obligation to Mitigate Damages Employee shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Employee as a result of employment by another employer or by retirement benefits after the Date of Termination, or otherwise, except to the extent provided in Section 3 above.

  • No Obligation Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

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