Other Agreement Terms. Notwithstanding anything herein to the contrary, Shares of Restricted Stock shall become vested at such earlier times and/or in such amounts, if any, as may be expressly provided for in a written agreement between any of the Presidential Companies and the Participant in effect as of the Award Date.
Other Agreement Terms. A. No Warranty of Availability or Uninterrupted Use From time to time, services related to the Account may be inoperative. When this happens, you may be unable to access the Website or Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify us if you have any problems using the Account, Website, or Mobile App. You agree that, except as required by applicable law, that Bank or Program Manager will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Bank or Program Manager be liable for extended interruptions due to failures beyond Bank’s or Program Manager’s control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, pandemics, labor disputes and armed conflicts.
Other Agreement Terms. 7.1 No Warranty of Availability or Uninterrupted Use
Other Agreement Terms a. This Agreement shall not be modified except in a writing executed by all Parties.
b. This Agreement may be executed in counterparts.
c. This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of California.
d. This Agreement shall be construed to have been drafted by all Parties to it so that the rule of construing ambiguities against the drafter shall have no force or effect. The Parties hereby waive California Civil Code section 1654, which reads: “IN CASES OF UNCERTAINTY NOT REMOVED BY THE PRECEDING RULES, THE LANGUAGE OF A CONTRACT SHOULD BE INTERPRETED MOST STRONGLY AGAINST THE PARTY WHO CAUSED THE UNCERTAINTY TO EXIST”.
e. The headings used herein are for convenience and reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement.
f. In the event any part or provision of this Agreement is declared by a court of competent jurisdiction to be void, unenforceable, or in conflict with the law of any governing jurisdiction, such sentence or paragraph shall be deemed severed from the remainder of the Agreement and the balance of this Agreement shall remain in full force and effect so long as the inoperative portion does not materially affect the material purposes of this Agreement. To the extent possible, the invalid provision shall be replaced by a valid provision that most closely achieves the intent of the invalid provision.
Other Agreement Terms. No Warranty of Availability or Uninterrupted Use
Other Agreement Terms. IT IS MUTUALLY AGREED THAT:
1. Title and ownership of FFP property does not pass to any private individual in their private capacity.
2. The COOPERATOR shall complete a resolution, or a statement from their governing board/council approving participation in the FFP Program. The resolution must be received with this Cooperative Agreement as a requirement of the terms and conditions before the STATE will prepare the COOPERATOR’s access to screen and manage FFP property.
3. The STATE will transfer ownership of said property. In the case of vehicles and other titled property, the Certificate of Title will transfer to the COOPERATOR under the terms of this agreement, once the property has become operational and is ready to be placed into service by the COOPERATOR.
a. The COOPERATOR which puts FFP property into use will accept ownership of equipment.
b. Title must be in the entity’s name and cannot have an individual’s name on the title.
c. COOPERATOR is responsible for any cost of obtaining title.
4. The STATE will not be responsible for furnishing spare parts for FFP property and the COOPERATOR accepts all FFP property “as is” without any warranties of any kind, either expressed or implied.
5. Owners of FFP property will cooperate with Federal and State parties to ensure compliance with Federal and State regulations, program and property management requirements. Additional FFP Program information may be requested and provided by the STATE.
6. COOPERATORS with any FFP property will cooperate with regulatory agencies to ensure compliance with Federal and State regulations, program and property management requirements.
7. In the event of any dispute over FFP property or any terms or conditions contained herein, the dispute shall be decided by the STATE and its decision shall be binding and final.
8. The parties hereto agree that the COOPERATOR, their officers, employees, agents, servants, contractors, volunteers, paid firefighters, and all others acting on behalf of the COOPERATOR, performing under the terms of this agreement, are not acting as officers, employees or agents of the State or the Federal Government.
9. The COOPERATOR agrees to defend, indemnify, save, and hold harmless the STATE as defined herein, and the Department of Forestry and Fire Protection (CAL FIRE), their officers, agents and employees against all claims, demands, causes of action or liability of any kind whatsoever arising out of the acts of the COOPERATOR, its agents or employees in the ...
Other Agreement Terms. The leaseholder shall cultivate the leased area and take good care of it, keep the ditching functional and clear the sides of lateral ditches from vegetation.
Other Agreement Terms. This agreement supersedes earlier agreements between the parties and constitutes the entire agreement and understanding between the Organization and Ithaca College with respect to the subject matter hereof. Any changes to this agreement must be in writing and signed by both parties. It shall be binding on them, their respective successors and assigns. This Agreement shall be governed by and construed under the laws of the State of New York.
Other Agreement Terms. 3.1. The Participant application and the exhibition rules are integral parts of this Agreement (not included separately).
3.2. In case of refuse to participate in the exhibition, registration fee is not returned. If refused more than 20 days before the exhibition, 50 percent of prepayment is returned. Later than 20 days to exhibition - prepayment not returned. Applications arrived after deadline accepted at organizers discretion.
3.3. Upon the announcement of quarantine in the territory of the Republic of Lithuania or adoption of legal acts by the authorities of the Republic of Lithuania prohibiting or restricting the organization of events or otherwise substantially affecting the performance of this agreement or making its implementation impossible due to reasons related to COVID-19, the Organizer has the right to cancel the exhibition „Ką pasėsi... 2021“ and unilaterally terminate this agreement. In this case, upon the written request of the Participant, the Organizer undertakes to return the fee paid by the Participant for the exhibition area, equipment, and additional services, except for the registration fee.
3.4. In case the exhibition cannot be held on the date provided for in clause 1 of this Agreement due to the legal acts of the Republic of Lithuania prohibiting, restricting or otherwise influencing the organization of this exhibition, the Organizer reserves the right to change the date of the exhibition. If the Exhibitor refuses to participate in the Exhibition at the changed time, the fees paid by him shall be refunded in accordance with the procedure laid down clause 3.2. of this Agreement.
3.5. The agreement is valid by the countersign participation agreement and taking all responsibility satisfaction.
3.6. Conflicts between the parties of the agreement solved based on mutual consent and following laws of the Republic of Lithuania. Judicial determination is based on the location of the Organizer's seat.
Other Agreement Terms a. During the term of the Agreement, the County shall not convey any rights to the Property to any third party without Xxxx’x written consent.
x. Xxxx may terminate the Agreement, including any applicable leases, at any time prior to commencement of construction in the event Xxxx is not able to secure adequate funding or permitting to construct the Aquarium on the Property.
c. The parties recognize that easements will be established for the mutual benefit of Xxxx and the County. These easements will address ingress, egress, utilities, sidewalks, stormwater, drainage, and matters related to shoreline maintenance and improvement. These easements will be determined in the course of the development of a formal site plan.
d. The parties also recognize that the lake and pond immediately adjacent to the Aquarium and north of the North Cattlemen Road should not be used for any purposes that are incompatible with both a public park and the Aquarium. The parties will develop mutually agreeable covenants and restrictions to assure compatibility.
x. Xxxx is solely responsible for any and all site modifications and permitting, and shall make the County whole, for items including but not limited to costs, liability, integrity of existing infrastructure, interconnectivity of the park, and stormwater capacity for Cattlemen Road, DeSoto Road, and Xxxxxx Xxxxxxxxx Park.
f. The Short-Term Lease, Long Term Lease, and/or Conveyance Deed, as applicable, shall provide for the exclusive use by the County of 50 parking spaces in the southernly portion of the westerly parking lot area, together with the rights of ingress and egress to the 50 parking spaces. The remaining parking spaces on the Property are for the exclusive use by Xxxx. Any such document shall also include a restriction stating that the westerly parking lot area shall be for use for parking and be maintained and improved by Xxxx at its expense. There shall also be a restriction stating that no structures shall be constructed on the westerly parking lot area within the FPL easement area or in any other parking area; however, the County may approve a parking or transportation related structures in its sole and absolute discretion in parking areas outside of the FPL easement. By signing below, the parties acknowledge the acceptability of these terms and conditions but further acknowledge that this is not a legally binding agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK.]