Obligations if Legal Challenge Sample Clauses

Obligations if Legal Challenge. (a) The Parties agree that in the event of a Legal Challenge: (i) the Parties or their nominated representatives will meet within 10 business days of the notice of the Legal Challenge to establish and agree as to the obligations under this deed; and (ii) the obligations of the Land Owners under this deed, including the obligations to provide the Contributions, are suspended until the earlier of: (A) the date the Legal Challenge is resolved, such that there is no effective Court declaration or order that the LEP Amendment, any Development Consent, Stage 2 Development Consent and/or this deed is invalid; (B) the date that the Parties agree to the extent of the obligations to performed under this deed, despite the ongoing nature of the Legal Challenge, and execute necessary documentation to effect any such agreement; or (C) in respect of a Legal Challenge in relation to the Development Consent or a Stage 2 Development Consent, the date that a fresh Development Consent or fresh Stage 2 Development Consent is granted following a Legal Challenge where there is an effective Court declaration or order that any Development Consent or Stage 2 Development Consent is invalid. (b) If following a Legal Challenge there is an effective Court declaration or order that the LEP Amendment, any Development Consent, Stage 2 Development Consent and/or this deed is invalid, such that the Development can no longer be completed as contemplated by the Development Consent, then the Parties agree that: (i) the obligations of the Land Owner under this deed, including the obligations to provide the Contributions, are suspended; (ii) subject to clause 17.1(b)(iii), to the extent that Contributions have been provided to the Council in accordance with this deed, the Land Owner agree that the Council cannot be required to return those Contributions or otherwise compensate the Land Owner in relation to the provision of those Contributions; and (iii) the an Airspace Lot has been transferred to the Council as part of the Airspace Lot Contribution prior to the 50 Bridge Owner being able to undertake Works on the 00 Xxxxxx Xxxxxx Xxxxxxxx in a manner which: (A) allows for a Floor Space Ratio in respect of the 00 Xxxxxx Xxxxxx Xxxxxxxx greater than if the LEP Amendment had not been made (but disregarding the operation of any amendments to the LEP or any New Law which come into effect after the date of this deed, other than in accordance with the LEP Amendment); and (B) utilises the Floor Space Ra...
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Related to Obligations if Legal Challenge

  • Ability to Carry Out Obligations Company has the right, power, and authority to enter into and perform its obligations under this Agreement. The execution and delivery of this Agreement by Company and the performance by Company of its obligations hereunder will not cause, constitute, or conflict with or result in (a) any breach of violation or any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, articles of incorporation, bylaw, or other agreement or instrument to which Company is a party, or by which either of them may be bound, nor will any consents or authorizations of any party other than those hereto be required; (b) an event that would cause Company to be liable to any party; or (c) an event that would result in the creation or imposition of any lien, charge, encumbrance on any asset of Company.

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • Right to Legal Fees If we have a legal dispute with you, the losing party will pay the costs of the winning party, including reasonable legal fees.

  • Payment of Costs and Legal Fees and Reinstatement of Benefits In the event any dispute or controversy arising under or in connection with the Executive’s termination is resolved in favor of the Executive, whether by judgment, arbitration or settlement, the Executive shall be entitled to the payment of (a) all legal fees incurred by the Executive in resolving such dispute or controversy, and (b) any back-pay, including Base Salary, bonuses and any other cash compensation, fringe benefits and any compensation and benefits due to the Executive under this Agreement.

  • Court Action or Other Legal Processes (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose.

  • Trustee’s Good Faith Action, Expert Advice, No Bond or Surety The exercise by the Trustees of their powers hereunder shall be binding upon everyone interested in or dealing with the Trust. A Trustee shall be liable to the Trust and to any Shareholder solely for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee, and shall not be liable for errors of judgment or mistakes of fact or law. The Trustees may take advice of counsel or other experts with respect to the meaning and operation of this Declaration of Trust, and shall be under no liability for any act or omission in accordance with such advice nor for failing to follow such advice. The Trustees shall not be required to give any bond as such, nor any surety if a bond is required.

  • No Legal Prohibition No Governmental Authority of competent jurisdiction shall have (a) enacted, issued or promulgated any Law that is in effect as of immediately prior to the Effective Time and has the effect of making the Merger illegal or which has the effect of prohibiting or otherwise preventing the consummation of the Merger or (b) issued or granted any Order that is in effect as of immediately prior to the Effective Time and has the effect of making the Merger illegal or which has the effect of prohibiting or otherwise preventing the consummation of the Merger.

  • Cooperate in Legal Proceedings Borrower shall cooperate fully with Lender with respect to any proceedings before any court, board or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings.

  • Advice of Legal Counsel Each party acknowledges and represents that, in executing this Agreement, it has had the opportunity to seek advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of this Agreement. This Agreement shall not be construed against any party by reason of the drafting or preparation thereof.

  • Independent Legal Counsel an attorney or firm of attorneys, selected in accordance with the provisions of Section 3, who shall not have otherwise performed services for the Company or Indemnitee within the last five years (other than with respect to matters concerning the rights of Indemnitee under this Agreement, or of other indemnitees under similar indemnity agreements).

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