Pendency of Dispute. The existence of an Agreement Dispute, or the pendency of the Agreement Dispute settlement or resolution procedures set forth above, shall not in and of themselves relieve or excuse any party from its ongoing duties and obligations under this Agreement.
Pendency of Dispute. Notwithstanding anything to the contrary set forth herein, during either (a) the pendency of any dispute under this Section 21 with respect to either (i) whether the existence or continuation of an Event of Default has occurred or (ii) whether the conditions to a Company Optional Redemption pursuant to Section 7 have been satisfied, or (b) the time that both an Event of Default is continuing and the pendency of any other dispute under this Section 21, without the prior written consent of the Holder, the Company shall not be permitted to exercise its rights under Section 7 and no Company Optional Redemption pursuant to Section 7 shall be effective.
Pendency of Dispute. Seller and Buyer acknowledge and agree that this Agreement has been made and entered into as of the date first set forth above. Each Party irrevocably consents and agrees that any legal action or proceeding arising out of this Agreement or the actions of the Parties leading up to the Agreement shall be brought exclusively in the United States District Court for the Western District of Texas, or if such court does not have jurisdiction, in the Potter County District Court in Texas. By execution and delivery hereof, each Party (a) accepts the exclusive jurisdiction of such courts and waives any objection that it may now or hereafter have to the exercise of personal jurisdiction by such courts over each Party for the purpose of any proceeding related to this Agreement, (b) irrevocably agrees to be bound by any final judgment (after any and all appeals) of any such courts arising out of this Agreement, (c) irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceedings arising out of this Agreement brought in such courts (including any claim that any such suit, action or proceeding has been brought in an inconvenient forum) in connection herewith, and, (d) agrees that service of process in any such action may be effected by mailing a copy thereof by registered or certified mail, postage prepaid, to such Party at its address as set forth herein, and (e) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.
Pendency of Dispute. If Landlord and the New Tenant disagree regarding any payment due Landlord in connection with execution of a New Lease, then New Tenant (if an Institutional Lender or a Prime Mortgagee's Agent) shall be deemed to have performed its payment obligation if such New Tenant: (a) pays Landlord the full amount not in controversy and (b) escrows any additional sum claimed to be due by Landlord in an escrow account established and governed in the manner established in Section 3.2 hereof. The parties shall cooperate to determine any disputed amount promptly in accordance with the terms of this Lease or the New Lease, whichever applies.
Pendency of Dispute. During the pendency of any dispute under this Section, all applicable time periods directly related to the dispute shall be tolled until its resolution; provided, however, that no tolling shall apply to any matters other than those directly related to the dispute and such tolling shall not entitle a Party to breach, default, or fail to perform its obligations under this Agreement. In addition, the pendency of any dispute shall not stay or affect either Party’s remedies under this Agreement, including but not limited to its rights to terminate.
Pendency of Dispute. If the County and New Lessee disagree regarding any payment due the County as a condition to execution of a New Lease, then New Lessee (if an Institutional Lender or a Leasehold Mortgagee's Representative acting for an Institutional Lender) shall not be required to pay the disputed portion of such payment (as a condition to obtaining a New Lease) provided that such New Lessee: (1) on the New Lease Delivery Date pays the County the full amount not in controversy and (2) agrees in writing to pay any additional sum ultimately determined to be due promptly upon such determination with interest at the Prime Rate from the New Lease Delivery Date. The parties shall cooperate to determine any disputed amount promptly in accordance with the New Lease.
Pendency of Dispute. If the City and the New Tenant disagree regarding any payment due the City in connection with execution of a New Operating Property Agreement, then New Tenant shall be deemed to have performed its payment obligation if such New Tenant:
(a) pays the City the full amount not in controversy and (b) agrees to pay any additional sum ultimately determined to be due promptly upon such determination with interest at the Prime Rate. The parties shall cooperate to determine any disputed amount promptly in accordance with Article 11 of the UTS Participation Agreement.
Pendency of Dispute. If Landlord and New Tenant disagree regarding any payment due Landlord as a condition to execution of a New Lease, then New Tenant (if an Institutional Lender acting for an Institutional Lender) shall not be required to pay the disputed portion of such payment (as a condition to obtaining a New Lease) provided that such New Tenant: (1) on the New Lease Delivery Date pays Landlord the full amount not in controversy and (2) agrees in writing to pay any additional sum ultimately determined to be due promptly upon such determination with interest at the Prime Rate from the New Lease Delivery Date. The parties shall cooperate to determine any disputed amount promptly in accordance with the New Lease.
Pendency of Dispute. 2166 2167 2168 2169 During the pendency of any dispute under Section 8.17, all applicable time periods directly related to the dispute shall be tolled until its resolution; provided, however, that no tolling shall apply to any matters other than those directly related to the dispute and such tolling shall not entitle a Party to breach, default, or fail to perform its obligations under this Agreement. In addition, the pendency of any dispute shall not stay or affect the Authority’s remedies under this Agreement. 2171 8.18 Criminal Activity of Contractor 2172 8.18.1. Notice of Convictions or Pleas 2173 The Contractor shall Immediately Notify the Authority upon the occurrence of any Convictions or Pleas 2174 with respect to its management, employees, or representatives and use Reasonable Business Efforts to 2175 Immediately Notify the Authority with respect to Contractor or any of its representatives. 2176 8.18.2 Contractor Cure 2177 Upon the occurrence of any Convictions or Pleas, the Contractor shall do or cause to be done both of the 2178 following: 2179 (i) As soon as permitted under Applicable Law, terminate from employment or remove from office 2180 the offending employee who is an individual, or, with respect to a employee that is the Contractor or 2181 an Affiliate, the individual or individuals responsible for the Criminal Activity; and 2182 (ii) Immediately eliminate the participation by that employee who is an individual or, with respect 2183 to an employee that is the Contractor or Affiliate of the individual or individuals responsible for the 2184 Criminal Activity, or in any position of influence. 2185 Should Contractor be unable to terminate the offending employee, said individual(s) shall be replaced in 2186 their capacity as relative to this Agreement.
Pendency of Dispute. The existence of any Dispute under this Agreement or the pendency of the Dispute settlement or resolution procedures set forth herein shall not in and of themselves relieve or excuse either Party from its ongoing duties and obligations under this Agreement.
