of Contracts. Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. Xxxxxx set forth two branches for the evaluation of whether losses were foreseeable and therefore allowable. As stated in section 351(2) of the Restatement (Second) of Contracts:
of Contracts. The Power Purchase Contracts identified as QFID Nos. 6043, 6044, and 6102-6108."
3.3 Section 4 of the Agreement is amended to add a new Section 4.1.16, which shall read as follows:
of Contracts. Anything herein contained to the contrary notwithstanding, the Trustee shall not have any responsibility for the validity of this Trust Agreement, or for the inability to obtain any insurance contract or for the form, genuineness, validity, collectibility, sufficiency or effect of any insurance contract at any time purchased by it, for the act of any person or persons which may render any such insurance contract null and void, or for the failure of any insurer to pay the proceeds and benefits of such insurance contract as and when the same shall become due and payable, or for any delay occasioned by reason of any restriction or provision contained in any such contract, or if for any reason whatsoever, any benefits payable under any contract shall become uncollectible.
of Contracts. You expressly authorize Us to charge against all compensation due or to become due You under this Agreement any amounts paid or liabilities incurred by Us under this Agreement.
of Contracts. All contracts permitted under this Agreement may be signed by Agent as agent for Owner. Agent will disclose Owner's existence and identity to all third-party contractors. Agent will use reasonable efforts to have each contract include an exculpatory clause (similar to the clause set forth in Section 10.5(a)) limiting Owner's obligations under the contract to Owner's interest in the Property.
of Contracts. To the extent that any of the Contracts are not assignable without the consent of another party and such consent has not been obtained on or prior to the Closing Date, this Agreement shall not constitute an assignment or attempted assignment that would constitute a breach thereof. Any obligation of Speed under the Purchase Agreement to effect the transfer of any Contract to KDTI shall not be terminated or abridged by this provision.
of Contracts. Except as set forth on Exhibit 1, respectively, the consent or approval of the other contracting party to any Assignment of Interest of the Intellectual Property for the Medallion Technology is not required.
of Contracts. The Company reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law. Each Participating Insurance Company shall be responsible for assuring that each of its separate accounts participating in the Fund calculates voting privileges in a manner consistent with this Section.
of Contracts. The Borrower will not, without the prior written consent of the Lender, enter into or consent to or permit (i) the cancellation or termination of any Project Document (except upon expiration of the stated term thereof or in a situation not resulting from the Borrower's inaction or action), (ii) the assignment of the rights or obligations of any party to any Project Document except as contemplated by this Agreement or such Project Document, (iii) any material amendment, supplement or material modification of, or waiver with respect to any of the provisions of, any Project Document (provided that the Lender's prior written consent need not be obtained in connection with an amendment of the Joint Venture Agreement unless such amendment reasonably might be expected to have a material adverse effect on the ability of the Borrower to perform its obligations under any of the Project Documents or reduce the anticipated Coverage Ratio) or (iv) any material modification or supplement of the Plans and Specifications.
of Contracts. 5.1 Contracts with a value of less than NOK 500 000 may be awarded by using any procurement procedure established by the Grant Recipient, while respecting the rules and principles laid down in Sections 1 to 4 of this Part III.
5.2 Contracts with a value exceeding NOK 500 000 shall be awarded by means of one of the following procurement procedures:
