Operation and Maintenance of EMD Facilities Sample Clauses

Operation and Maintenance of EMD Facilities. EMD shall, as needed and at its own expense, both in its discretion, operate, maintain, improve, repair and replace the EMD Facilities, including without limitation water tanks and pump stations, water and sewer lines and all associated permanent improvements in all areas on and within Dedisse Park or, if applicable, other Denver Property in a safe and usable condition. This paragraph 6(a) shall apply to existing and future permanent improvements. Subject to notice and approval provisions under this Agreement that may apply, EMD shall, as and if needed and at its own expense, promptly repair or replace all damaged, defective, broken, or worn out EMD Facilities, unless the use thereof is being discontinued, and shall, and at its own expense, in its discretion, promptly make such emergency repairs of EMD Facilities as necessitated by exigent circumstances as provided in this Agreement. Facilities in which use has been permanently discontinued and presents a safety or health risk or is a visual disruption shall be removed at EMD’s cost. All work or service which EMD may perform under this paragraph 6 may be performed by EMD employees or contracted to a third-party contractor. All EMD Facilities shall at EMD’s sole expense remain in compliance with Applicable Laws.
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Related to Operation and Maintenance of EMD Facilities

  • 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.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • 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.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Definitions As used in this Agreement:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • 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”).

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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