Release of Agency Sample Clauses

Release of Agency. Developer hereby waives, releases and discharges the Agency, the City and their respective members, officers, employees, agents, contractors and consultants, from any and all present and future claims, demands, suits, legal and administrative proceedings, and from all liability for damages, losses, costs, liabilities, fees and expenses (including, without limitation, attorneys’ fees) arising out of or in any way connected with the Agency’s or Developer’s use, maintenance, ownership or operation of the Property, any Hazardous Substances on the Property, or the existence of Hazardous Substances contamination in any state on the Property, however the Hazardous Substances came to be placed there, except that arising out of the sole gross negligence or willful misconduct of the Agency, City, or their respective employees, officers or agents. Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:‌‌ “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” To the extent of the release set forth in this Section, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.
Sample 1
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Release of Agency. The Developer understands and acknowledges that the Agency has no control over the management and maintenance of the Third Party Parcels which it is acquiring hereunder, and agrees that it is fair and equitable for the Developer to assume the risk of Hazardous Materials on the Third Party Parcels rather than the Agency bearing such risk. Accordingly, the Developer hereby waives, releases and discharges forever the Agency and the City, and their respective employees, officers, agents and representatives, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the physical and environmental condition of the Third Party Parcels, any Hazardous Materials on or under the Third Party Parcels, or the existence of Hazardous Materials contamination due to the generation of Hazardous Materials from the Third Party Parcels, however they came to be placed there, except that arising out of the negligence or misconduct of the Agency or City or their respective employees, officers, agents or representatives. The Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” As such relates to this Section 208.3, the Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.
Sample 1

Related to Release of Agency

  • Authorization of Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • PUBLICATION OF AGREEMENT The Department will publish an abridged version of this Agreement on the WA health system internet site, in accordance with Schedule D9 of the NHRA. Any subsequent amendments to this Agreement will also be published in accordance with Schedule D9 of the NHRA.

  • CERTIFICATION OF AGREEMENT In accordance with Division 4 of Part VIB of the Workplace Relations Act 1996, the Commission hereby certifies the attached written agreement in this matter. This agreement shall come into force from the date of certification, being 6 May 2003, shall operate in accordance with its terms and shall remain in force until 31 October 2005. Printed by authority of the Commonwealth Government Printer <Price code 40> GLADWYN PLUMBING PTY LTD & C E P U ENTERPRISE AGREEMENT 2002-2005 PLUMBING and MECHANICAL SERVICES ENTERPRISE AGREEMENT 2002 - 2005 Subject Matter Clause number Page number Annual Leave 27 17 Application of Site Agreements 20 13 Apprentices 16 10 Certification & Date of Operation 6 3 Commitments 3 2 Compensation of Tools of Trade 35 22 Consultative Mechanisms 8 3 Co-Invest 36 23 Dispute Settlement Procedure 12 5 Hours of Work 22 13 Industry Compliance Certificate 21 14 Industry Training 15 10 Inclement Weather 14 6 Insurances 29 18 Negotiation of a Subsequent Agreement 19 12 No extra claims 18 13 Occupational Health & Safety 13 5 Objectives 2 2 Parties & Persons Bound 4 2 Payment of Wages 26 15 Picnic Day 34 22 Plumbing Industry Calendar 32 22 Public Holidays 33 22 Protective Clothing 31 20 Relationship with Parent Award & VBIA 7 3 Right of Entry 11 4 Rostered Days Off 23 14 Scope & Application 5 3 Security of Employment 37 23 Shift Work 24 15 Shop Stewards 9 4 Superannuation 28 18 Termination of Employment & Redundancy 30 20 Title 1 2 Compensation for Tools of Trade 35 22 Union Representation 10 4 Wages & Allowances 25 17 Appendix A Wage Rates & Allowances Availability Appendix B Victorian Building Industry Site Agreement Appendix C Security of Employment Arrangements

  • Ratification of Agreement As supplemented by this Supplement, the Agreement is in all respects ratified and confirmed and the Agreement as so supplemented by this Supplement shall be read, taken and construed as one and the same instrument.

  • Statement of Agreement The parties hereby acknowledge the accuracy of the foregoing Background Information and hereby agree as follows:

  • Filing of Agreement Upon execution of this Agreement, it shall be filed with the appropriate state regulatory agency pursuant to the requirements of Section 252 of the Act. If the regulatory agency imposes any filing or public notice fees regarding the filing or approval of the Agreement, Carrier shall be responsible for publishing the required notice and the publication and/or notice costs shall be borne by Carrier.

  • Application of Agreement 4.1 This Agreement applies to:

  • Administration of Agreement All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees. All notices must be given to the parties' contract administrators respectively. The OAG's contract administrator is Xxxxxxxxx X. Xxxxxx, Chief, Bureau of Advocacy and Grants Management. The Provider’s contract administrator will be provided at the time of execution. The parties will provide each other with written notification of any change in its designated representative for this Agreement. Such changes do not require a formal written amendment to this Agreement.

  • Formation of Agreement A. No agreement between the Parties is formed until all applicable actions have been completed to the satisfaction of Valley Water. Valley Water Project Manager will not issue a Notice to Proceed until all required documents have been submitted and accepted by Valley Water.

  • Disclaimer of Agency 5.14.1 Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual, or to assume any responsibility for the management of the other Party's business.

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