Prior Agreements and Amendment Sample Clauses

Prior Agreements and Amendment. No amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. Except as to Exhibit "C" to Consent to Assignment of Franchise Agreement dated March 30, 1992, and as to the Consent to Franchise Assignment dated March 3, 1999, by and between the City, the Grantee and Xxxxxxxx-Xxxxxx Industries of California, Inc., this Franchise Agreement contains the entire agreement between the parties and no promises, representations, warranty or covenant not included in this Franchise Agreement have been or are relied upon by either party. This Franchise Agreement is intended to and does supersede and replace the January 4, 1978, and January 14, 1987 agreements between Martinez Sanitary Service and the City, City Resolutions 170-80, 220-81, 154-85, 157-87, 134-89, 175-90 and 74-91, the Second Addendum to Contract Between City of Xxxxxxxx and Xxxx Xxxxx, dba Xxxxxxxx Sanitary Service executed on March 30, 1992 and the Original Agreement.
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Prior Agreements and Amendment. This Agreement, including all exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. The District CEO may authorize amendments on behalf of the DISTRICT and the AUTHORITY’S Executive Director may authorize amendments on behalf of the AUTHORITY. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. APPROVED AS TO FORM: DISTRICT SANTA XXXXX VALLEY WATER DISTRICT, A special District of the State of California. By Xxxxx X.Xxxx Xxxxxxx X. Xxxxxxxx Assistant General Counsel Chief Executive Officer AUTHORITY SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY By Xxxxxxx X’Xxxxxx Executive Director, San Francisquito Creek JPA By Joint Powers Authority Legal Counsel (approved as to form) ATTACHMENT 1 AMENDMENT No. One to AGREEMENT Resolution No. _02-11-1 San Francisquito Creek Joint Powers Authority Agreement for San Francisquito Creek Watershed Analysis and Sediment Reduction Plan This amends that certain AGREEMENT FOR SAN FRANCISQUITO CREEK WATERSHED ANALYSIS AND SEDIMENT REDUCTION PLAN dated as of November 1, 2002 and entered into between San Francisquito Creek Joint Powers Authority (AUTHORITY) and Northwest Hydraulic Consultants (NHC) to add tasks and adjust budgets that are related to the original scope of work. The services and products to be delivered pursuant to this amendment are associated with the administration and management of the Santa Xxxxx Valley Water District (DISTRICT) and AUTHORITY Memorandum of Agreement dated , 2004. The following sections of the CONSULTANT AGREEMENT are amended as follows:

Related to Prior Agreements and Amendment

  • Entire Agreement and Amendment This Agreement embodies the entire agreement and understanding of the parties hereto in respect of the subject matter of this Agreement, and supersedes and replaces all prior agreements, understandings and commitments with respect to such subject matter. This Agreement may be amended only by a written document signed by both parties to this Agreement.

  • Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.

  • Scope Entire Agreement and Amendment 301 Contract. This contract consists of 10 numbered pages and any Attachments as required. In the case of dispute or ambiguity arising between or among the documents, the order of precedence of document interpretation is the same.

  • Entire Agreement and Amendments This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties.

  • Supplements and Amendments This Agreement may be amended by the Depositor and the Owner Trustee, without the consent of any of the Noteholders or the Certificateholder, to cure any ambiguity, to correct or supplement any provisions in this Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in this Agreement or of modifying in any manner the rights of the Noteholders or the Certificateholder; provided, however, that such action shall not, as evidenced by an Opinion of Counsel, adversely affect in any material respect the interests of any Noteholder or the Certificateholder, provided further that 10 days’ (or, in the case of Fitch, 10 Business Days’) prior written notice of any such amendment be made available to each Rating Agency by the Administrator and, if Moody’s notifies the Owner Trustee that such amendment will result in a downgrading or withdrawal of the then-current rating of any class of the Notes, such amendment shall become effective with the consent of the Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Notes; provided further that any solicitation of such consent shall disclose the downgrading or withdrawal that would result from such amendment. This Agreement may also be amended from time to time by the Depositor and the Owner Trustee, with prior written notice made available to the Rating Agencies by the Administrator, with the consent of the Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Notes and the consent of the Certificateholder (which consents will not be unreasonably withheld) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Noteholders or the Certificateholder; provided, however, that no such amendment shall (a) increase or reduce in any manner the amount of, or accelerate or delay the timing of, collections of payments on Receivables or distributions that shall be required to be made for the benefit of the Noteholders or the Certificateholder or (b) reduce the aforesaid percentage of the Outstanding Amount of the Notes required to consent to any such amendment or eliminate the consent of the Certificateholder to any such amendment, without the consent of the holders of all the outstanding Notes and the Certificate. Promptly after the execution of any such amendment or consent, the Owner Trustee shall furnish written notification of the substance of such amendment or consent to the Certificateholder, the Indenture Trustee and the Administrator, which shall make such notification available to each of the Rating Agencies. It shall not be necessary for the consent of the Certificateholder, the Noteholders or the Indenture Trustee pursuant to this Section to approve the particular form of any proposed amendment or consent, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution of any amendment to the Certificate of Trust, the Owner Trustee shall cause the filing of such amendment with the Secretary of State. Prior to the execution of any amendment to this Agreement or the Certificate of Trust, the Owner Trustee shall be entitled to receive and rely upon an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Agreement and that all conditions precedent to the execution of such amendment have been satisfied. The Owner Trustee may, but shall not be obligated to, enter into any such amendment which affects the Owner Trustee’s own rights, duties or immunities under this Agreement or otherwise.

  • Prior Agreement This Agreement supersedes any prior agreement relating to the subject matter hereof among the parties.

  • Termination and Amendment 53 8.1. TERMINATION.............................................................................53 8.2.

  • Entire Agreement; Amendment and Waiver This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject matter hereof. Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the parties to this Agreement.

  • Modification and Amendment This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials.

  • ASSIGNMENT AND AMENDMENT This Agreement may not be assigned by the Subadviser, and shall automatically terminate, without the payment of any penalty, in the event: (a) of its assignment, including any change in control of the Adviser or the Subadviser which is deemed to be an assignment under the 1940 Act, or (b) that the Advisory Agreement is assigned or terminates for any reason. Trades that were placed prior to such termination will not be canceled; however, no new trades will be placed after notice of such termination is received. Termination of this Agreement shall not relieve the Adviser or the Subadviser of any liability incurred hereunder. The terms of this Agreement shall not be changed unless such change is agreed to in writing by the parties hereto and is approved by the affirmative vote of a majority of the Trustees of the Trust voting in person, including a majority of the Trustees who are not interested persons of the Trust, the Adviser or the Subadviser, at a meeting called for the purpose of voting on such change, and (to the extent required by the 0000 Xxx) unless also approved at a meeting by the affirmative vote of the majority of outstanding voting securities of the Fund.

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