Requirement for Notice. Any Municipal Customer asserting a claim against the District under Section 16.1 must first give the District notice of its claim. Such notice must be adopted by vote of the governing authority of the Municipal Customer and specify the action the Municipal Customer claims the District is required to take, the schedule for taking such action, and the provisions of this Agreement, the CFP, or the Operating Plan that require such action. If the claim relates to revisions in the CFP sought by the Municipal Customer, the notice must contain or be accompanied by the following information:
Requirement for Notice. 39 Section 16.1.2.2. District Response to Municipal Customer Notice 40 Section 16.1.3. Mediation 40 Section 16.1.3.1. Mediation Notice 40 Section 16.1.3.2. Selection of Mediator 40 Section 16.1.4. Litigation 41 Section 16.1.4.1. Limitations on Litigation 41 SECTION PAGE Section 16.1.4.2. Burden of Proof. 41 Section 16.1.4.3. Remedies 41 Section 16.2. Claims for Erroneous Statements 42 Section 16.2.1. Nature of Maintainable Claim 42 Section 16.2.2. Conditions Precedent to Litigation 42 Section 16.2.3. Interest. 42 Section 16.3. Court 43 ARTICLE 17 UNCONTROLLABLE FORCES 43 Section 17.1. Excuse from Performance 43 ARTICLE 18 CONSERVATION 43 Section 18.1. Water Conservation, Septic Densities, Secondary Systems and Reuse 43
Requirement for Notice. 31 Section 16.1.2.2 District Response to Municipal Customer Notice 31 Section 16.1.3 Mediation. 31 Section 16.1.3.1 Mediation Notice 31 Section 16.1.3.2 Selection of Mediator. 32 Section 16.1.4 Litigation. 32 Section 16.1.4.1 Limitations on Litigation. 32 Section 16.1.4.2 Burden of Proof. 32 Section 16.1.4.3 Remedies. 32 Section 16.2 Claims for Erroneous Statements. 32 Section 16.2.1 Nature of Maintainable Claim. 32 Section 16.2.2 Conditions Precedent to Litigation. 33 Section 16.2.3 Interest. 33 Section 16.3 Court. 33 ARTICLE 17 UNCONTROLLABLE FORCES 33 Section 17.1 Excuse from Performance. 33 ARTICLE 18 CONSERVATION 34 Section 18.1 Water Conservation, Septic Densities, Secondary Systems and Reuse. 34 ARTICLE 19 REPRESENTATIONS 34 Section 19.1 Representations of the Municipal Customers. 34 Section 19.2 Representations of the District. 35 Section 19.3 Defense of Municipal Customers. 35 ARTICLE 20 MISCELLANEOUS PROVISIONS 35 Section 20.1 Third Party Beneficiaries. 35 Section 20.1.1 Municipal Customers. 35 Section 20.1.2 No Other Third-Party Beneficiaries. 36 Section 20.1.3 Assignments Prohibited. 36 Section 20.1.4 Certain Assignments by District. 36 Section 20.1.5 Disposition of Capital Facilities. 36 Section 20.1.6 Binding Effect. 36 Section 20.2 Integration; Amendment. 36 Section 20.3 Governing Law. 36 Section 20.4 Captions. 36 Section 20.5 Drafting Considerations. 36 Section 20.6 Severability 37 Section 20.7 Counterparts. 37 ARTICLE 21 NOTICES 37 Section 21.1 Notices. 37 Section 21.1.1 Method of Giving Notice. 37 Section 21.1.2 Addresses for Notices. 37 WASHINGTON COUNTY WATER CONSERVANCY DISTRICT REVISED REGIONAL WATER SUPPLY AGREEMENT THIS REVISED REGIONAL WATER SUPPLY AGREEMENT, dated as of January 1, 2019, is entered into by and among the WASHINGTON COUNTY WATER CONSERVANCY DISTRICT, a water conservancy district organized and existing under the Utah Water Conservancy District Act (“District”), and municipal and other governmental customers that are parties hereto as a result of execution of a counterpart of this Agreement (the “Municipal Customers”) which may consist of (a) initially, the CITIES OF ST. XXXXXX, WASHINGTON, IVINS, HURRICANE, SANTA XXXXX, TOQUERVILLE and LA VERKIN, UTAH, and the TOWNS OF VIRGIN, LEEDS, AND APPLE VALLEY, UTAH, each of which is a municipal corporation and a political subdivision of the State of Utah, and (b) any other Water Supplier that becomes a party to this Agreement pursuant to Section 6.2.
Requirement for Notice. In the event that any claim is asserted or action, suit, or proceeding is commenced against a party hereto ("Indemnitee") which can reasonably be expected to result in any liability or indemnity being imposed on another party hereto ("Indemnitor"), the Indemnitee shall promptly give notice thereof to Indemnitor. Indemnitor then shall have the opportunity to defend such claim, action, suit or proceeding with counsel reasonably satisfactory to Indemnitee. Indemnitor shall have control of any defense or settlement, and if Indemnitor accepts such defense and diligently defends or pursues a settlement, then Indemnitor shall not be liable to the Indemnitee for any of the Indemnitee's attorneys' fees or other costs and expenses. If Indemnitor does not accept such defense (i) Indemnitor nevertheless shall have the opportunity to participate in (but not to control) the defense against such claim, action, suit or proceeding and to participate in any negotiations with respect thereto and (ii) Indemnitee shall have control of any defense. Notwithstanding the foregoing, no settlement of any claim as to which indemnification is required or may be sought hereunder shall be made without the consent of the Indemnitor, which consent shall not be unreasonably withheld. SECTION 10.05
Requirement for Notice. Any notice, statement or demand required to be given under this Agreement shall be in writing, sent by certified mail, postage prepaid, return receipt requested, or by nationally-recognized overnight courier, receipt confirmed, addressed if to: Owner: 1350 S Xxxxx LLC 0000 Xxxxx xx Xxxx Blvd., Ste. 1104 Coral Gables, FL 33134 Attn: Xxxxx Xxxxxxxx With a Copy to: 54 Madison Partners 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxxxxxx With a Copy to: Xxxx Xxxxxxxx LLP 000 X. Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attn: Xxxxxx Xxxxxxxxxx, Esq. Operator: Hersha Hospitality Management L.P. 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attn: Xxxxxx Xxxxxxx, President With a Copy to: Hersha Hospitality Management L.P. 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attn: Legal Department or to such other addresses as Operator and Owner shall designate in the manner provided in this Section 19.1. Any notice or other communication shall be deemed given (a) on the date three (3) business days after it shall have been mailed, if sent by certified mail, or (b) on the date received if it shall have been given to a nationally-recognized overnight courier service.
Requirement for Notice. In accordance with the requirement in the Federal Regulations, prior to performing an alcohol or controlled drug test, the Authority shall notify the employee that the alcohol or drug test is required by federal regulations. Upon receipt of notification from the testing facility, the Authority will notify the Union and ensure that employees selected will report to the testing facility within two (2) hours of notification. If the employee is not working on that shift, the two
Requirement for Notice. Any SNWS Purveyor Member asserting a claim against the Authority under Section 17.1 must first give the Authority notice of its claim. Such notice must be adopted by vote of the governing board of the SNWS Purveyor Member and specify the action the SNWS Purveyor Member claims the Authority is required to take, the schedule for taking such action, and the provisions of this Agreement, the MCCP, or the Operating Plan that require such action. If the claim relates to revisions in the MCCP sought by the SNWS Purveyor Member, the notice must contain or be accompanied by the following information:
