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:
(1) If applicable, data supporting the Municipal Customer’s claim that, even if all facilities are constructed in accordance with the CFP, the System would not have the operational capacity, or would not have the operational capacity in sufficient time, to enable the District to meet demand within a particular part of the District Municipal Customer’s service area;
(2) If applicable, data supporting the Municipal Customer’s claim that demand in the parts of the Municipal Customer’s service area to be served by the facility the Municipal Customer seeks to have added to the CFP, or the construction of which the Municipal Customer seeks to have begun on an accelerated schedule, cannot otherwise be served by the Municipal Customer consistent with an appropriate balance among the objectives set forth in Section 3.13;
(3) If relevant, population, demand, engineering and other studies, conducted reasonably contemporaneously with the notices; and
(4) Other information to enable the District to reach an informed judgment about the merits of the claim.
Requirement for Notice. In the event that any claim is asserted or any action, suit or proceeding is commenced against an Indemnitee which can reasonably be expected to result in any liability or indemnity being imposed on an Indemnitor, the Indemnitee shall exercise due diligence and reasonable judgment in defending or settling same and shall give notice thereof to the Indemnitor in writing within a reasonable time following the assertion of the claim or commencement of the action, suit or proceeding (but the failure or delay to give any such notice shall not relieve the Indemnitor of any liability on account thereof except to the extent the Indemnitor was materially prejudiced thereby). The Indemnitor shall have the opportunity to participate in (but not control) the defense against such claim, action, suit or proceeding and to participate in any negotiations with respect thereto. The Indemnitee shall have control of any defense or settlement, except that the Indemnitor shall have the right at any time to assume and prosecute the defense or claim and to assume control of the defense or settlement in the event it admits in writing its liability to the Indemnitee hereunder with respect to such matter and provides adequate security to assure its payment of such liability to the Indemnitee.
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 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. 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. Unless otherwise provided herein or explicitly waived by AGMA, all Media Activity shall require prior written notice to AGMA. Additionally, EMPLOYER shall exert best efforts to notify all ARTISTS at least twenty-four (24) hours in advance, or, if later, immediately upon learning of any potential recording activity. EMPLOYER shall exert best efforts to ascertain the following information which shall be included in such notification:
(i) News/Promotion
(a) Type of Media Activity
(b) Name of every entity under whose auspices the Media Product will be used
(c) Anticipated use of Media Product
(d) Any other relevant details
(ii) Broadcast/Commercial Media Products
(a) Type of Media Activity
(b) Name of every entity under whose auspices the Media Product will be created and distributed
(c) Anticipated use of Media Product
(d) Name and description of any other individuals and/or groups who will participate in the Media Activity
(e) Compensation offered to participating Artists, as well as identification of others who will participate and be compensated
(f) Any other relevant details EMPLOYER shall exert best efforts to ascertain any modifications to such previously submitted information and shall provide AGMA in a timely fashion with written notice thereof.
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.
Requirement for Notice. Except as provided in paragraph (b)(2) of this section, each transferor servicer and transferee servicer of any mortgage loan shall provide to the borrower a no- xxxx of transfer for any assignment, sale, or transfer of the servicing of the mortgage loan. The notice must con- tain the information described in para- graph (b)(4) of this section. Appendix MS–2 of this part contains a model form for the disclosures required under this paragraph (b).
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:
(1) Data supporting the SNWS Purveyor Member's claim that, even if all facilities are constructed in accordance with the MCCP, the SNWS would not have the operational capacity, or would not have the operational capacity in sufficient time, to enable the Authority to meet demand within a particular part of the SNWS Purveyor Member's service area;
(2) Data supporting the SNWS Purveyor Member's claim that demand in the parts of the SNWS Purveyor Member's service area to be served by the facility the SNWS Purveyor seeks to have added to the MCCP, or the construction of which the SNWS Purveyor Member seeks to have begun on an accelerated schedule, cannot otherwise be served by the SNWS Purveyor Member consistent with an appropriate balance among the objectives set forth in Section 2.2.2;
(3) Population and demand studies, conducted reasonably contemporaneously with the notice, and, if relevant, engineering and other studies; and
(4) Other information to enable the Authority to reach an informed judgment about the merits of the claim.
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. LICENSEE shall give CITY prompt written notice of any accidents on, in, over, within, under and above the License Area in which damage to property or injury to a person occurs.