Nothing in the. CDA Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.
Nothing in the. DBA Documents shall preclude, and DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.
Nothing in the. Common Terms shall operate so as to place the Company under any obligations to Non-Consenting Beneficiaries and the Company shall have no greater rights, powers or duties in respect of Non-Consenting Beneficiaries than it has in law before the entry into a Consenting Beneficiary Agreement incorporating the Common Terms.
Nothing in the. Retirement Agreement or this Agreement shall be construed as an admission of any improper action or conduct by Executive or by the Company, the Fund or any of their respective Affiliates, subsidiaries, joint venturers, or directors, officers, employees, agents, representatives or assigns of any violation or noncompliance with any obligation, legal or otherwise.
Nothing in the. Grant Agreement shall be construed as a waiver, renunciation or other modification of any immunities, privileges or exemptions accorded to NEFCO pursuant to the Agreement of 6 November 1998 between Denmark, Finland, Iceland, Norway and Sweden concerning NEFCO (as from time to time supplemented and/or amended), the Framework Agreement between Ukraine and NEFCO dated 17 September 2009 (as ratified by the Verkhovna Rada of Ukraine on 21 September 2010), any other international convention or any applicable law. Notwithstanding the foregoing, NEFCO has made an express submission to arbitration under Section 9.2 and accordingly, and without prejudice to its other privileges and immunities (including, without limitation, the inviolability of its archives), it acknowledges that it does not have immunity from suit and legal process in respect of the enforcement of an arbitral award duly made against it as a result of its express submission to arbitration pursuant to Section 9.2.
Nothing in the. DB Documents shall preclude, and DB Team shall not interfere with, any review, audit or oversight of Submittals, Work or books and records that the FHWA may desire to conduct.
Nothing in the. Loan Documents shall prohibit Borrower from acquiring assets or acquiring the assets of another entity. 2. In no event shall any indemnification obligation contained in any of the Loan Documents relating to the Loan be construed to indemnify a party against its own negligence or misconduct and no loss or expense shall include the indemnified party's internal overhead or internal administrative costs. 3. No representation, warranty or covenant contained in any of the Loan Documents relating to the Loan relating to compliance with all applicable laws, statutes, ordinances, codes and judicial decisions of all judicial decisions or any other governmental requirements, restrictions or obligations (collectively, the "Requirements") shall be deemed to have been violated so long as any party has complied with the Requirements in all material respects and such party promptly, diligently and continuously proceeds to cure any violation of any Requirements upon receipt of written notice from the appropriate governmental entity having jurisdiction over such violation and such violation is cured prior to the taking of any action by such governmental entity which would adversely impact the Lender, the Borrower, the Guarantor, or the collateral or Property. 4. Borrower shall not be deemed to have breached any representation, warranty of covenant concerning hazardous materials or substances on the Property if such presence or use (i) is in such inconsequential or insignificant amounts so as to pose no material hazard or potential liability for Lender or any owner of the Property; (ii) is consistent with the presence or use of hazardous materials or substances in commercial operation and conduct of business on the Property; and (iii) is in compliance with all applicable Requirements. 5. No Event of Default shall be deemed to have occurred under any of the Loan Documents relating to the Loan and no remedies upon any Event of Default may be exercised until (a) in the event of a monetary default, Borrower has failed to pay an amount due within ten (10) days after receipt of written notice from Lender that such payment is due; provided, however, that Lender shall not be required to give written notice to Borrower more than two times in any one calendar year; and (b) in the event of a nonmonetary default, Borrower or any Guarantor (as applicable) has failed to perform such covenant, agreement, obligation, condition or provision of the Loan Documents relating to the Loan within t...
Nothing in the above coverage clause shall act to exclude any employee who is a member of the PSA and was covered by the 2005-07 regional MECA that preceded this Agreement nor shall it act to include any employee whose position was explicitly excluded from coverage of the regional MECA that preceded this Agreement unless the PSA and the DHB concerned specifically agree otherwise.
Nothing in the. Contract Documents shall preclude, and Developer shall not interfere with, any review, inspection or oversight of Submittals or of Work that any Authority Having Jurisdiction may desire to conduct in accordance with its agreements with LAWA or applicable Law.
Nothing in the. Limited Grant shall be construed as implying, assuming, or creating the existence of any established right or legally enforceable means of getting to or from the Harvard-Owned Parts of Xxxxxxxxx Trail in Concord from any other Harvard-owned land. For the avoidance of doubt, the parties expressly acknowledge and confirm that the Limited Xxxxx does not authorize any member of the public to enter or use any part of the Harvard-owned land that is located on either side of Xxxxxxxxx Trail in Concord. If and to the extent that members of the public use any other trails that run over Harvard- owned land for access to or egress from the Harvard-Owned Parts of Xxxxxxxxx Trail in Concord, the parties expressly acknowledge and confirm that they do so solely on the basis of permission granted voluntarily by Harvard, on terms and conditions that are acceptable to Harvard, in Harvard’s sole discretion, and not pursuant to the contractually enforceable Limited Grant established by this Agreement. Harvard expressly reserves the right to prohibit use of any such other trails at any time or from time to time; and
