SEVERABILITY; SURVIVAL OF COVENANTS Sample Clauses

SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Contract shall be invalid under any applicable law, such provision shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Purchaser under this Contract shall survive the expiration or termination of this Contract to the extent required for their full observance and performance. GUARANTY OF PAYMENT - INSTALLMENT SALE CONTRACT (SECURITY AGREEMENT) THIS GUARANTY ("Guaranty") is made and entered into as of May 11, 2000 by MEADOW VALLEY CORPORATION, (hereinafter, referred to as "Guarantor"), in favor of XXXXXXX EQUIPMENT COMPANY, 0000 XXXX XXXXX XXXX, P.O. BOX 271630, LAS VEGAS, NV 89127-1630 (hereinafter referred to as "Seller"), guaranteeing the indebtedness (as hereinafter defined) of MEADOW VALLEY CONTRACTORS, INC. (hereinafter referred to as "Obligor").
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Lease shall be invalid under any law, it shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance.
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Contract shall be invalid under any applicable law, such provision shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Purchaser under this Contract shall survive the expiration or termination of this Contract to the extent required for their full observance and performance.
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Lease shall be invalid under any law, it shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance. Lessee: Forbes Energy Services, LLC Lessor: ALICE ENVIRONMENTAL SERVICES, LP By /s/ Xxxx Xxxxx By /s/ Xxxxxxx Xxxxxx Xx. Name (PRINT) Xxxx Xxxxx Name (PRINT) Xxxxxxx Xxxxxx Xx. Title President Title President Date October 15, 2008 Date October 15, 2008 This pertains to the Lease, dated as of October 15, 2008, between Xxxxx Environmental Services, LP as Lessor and Forbes Energy Services, LLC as Lessee. This confirms that Lessee has elected to obtain its own insurance on the unit(s), more particularly described in Exhibit A attached and incorporated herein as if fully set forth, from Xxxxx Xxxxxx of Xxxxxxxx & Xxxxxx Insurance Agency, a true and correct copy of the valid binder has been tendered to Lessor and is attached herein as Exhibit B. This further confirms that the Lessee physically received the following Unit(s), more particularly described in Exhibit A attached and incorporated herein as if fully set forth, on the possession date below. As of the date of signature of this form: (i) the Unit(s), as described in Exhibit A is in all respects satisfactory to Lessee for leasing under the Lease (ii) Lessor has performed all of its obligations under the Lease.
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Lease shall be invalid under any law, it shall be deemed omitted but the remaining provisions shall be given effect. All obligations of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance. GUARANTY OF PAYMENT THIS GUARANTY ("Guaranty") is made and entered into as of October 18, 2001 by MEADOW VALLEY CORPORATION, (thereinafter, referred to as "Guarantor"), in favor of Caterpillar Financial Services Corporation, 0000 Xxxx Xxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000-0000 (hereinafter referred to as "Caterpillar Financial"), guaranteeing the Indebtedness (as hereinafter defined) of MEADOW VALLEY CONTRACTORS, INC. (hereinafter referred to as "Obligor").
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Lease shall be invalid under any law, it shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance. Lessee: FLORIDA CANYON MINING, INC. Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION By /s/ RL Chapman By /s/ Bill Schowaiter ------------------------------------ ----------------------------- Name (Print) RL Chapman Name (Print) Bill Schowaiter -------------------------- -------------------- Title Vice President Title Documentation Manager --------------------------------- --------------------------- Date 8/12/02 Date 8/23/02 ---------------------------------- ---------------------------- AMORTIZATION SCHEDULE (Multiple Assets)
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Contract shall be invalid under any law, it shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Purchaser under this Contract shall survive the expiration or termination of this Contract to the extent required for their full observance and performance. Purchaser(s): By /s/ Xxxxxxx X. Xxxxxx Name (PRINT) Xxxxxxx X. Xxxxxx Title Treasurer Date July 16, 2012 Seller: By /s/ Xxx Xxxx Xxxxxx Name (PRINT) Xxx Xxxx Xxxxxx Title VP Credit Manager Date July 16, 2012 Transaction Number 1956832 between SOUTHEAST POWER CORPORATION (Purchaser(s)) and RING POWER CORPORATION (Seller) (1) New 1800 National Bucket Trucks Freightliner Coronado SD Chassis DBJ4140 0XXXXXXX0XXXX0000 $ 503,181.82 (1) New 416E Caterpillar Backhoe Loader LMS02128 $ 76,755.00 (1) New 416E Caterpillar Backhoe Loader LMS02129 $ 76,755.00 (1) New 416E Caterpillar Backhoe Loader LMS01827 $ 76,755.00 (1) New TL1055 Caterpillar Telehandler TBM01532 $ 131,209.00 (1) New TL1055 Caterpillar Telehandler TBM01542 $ 131,209.00 (1) Used D6TLGP Caterpillar Track Type Xxxxxxx XXX00000 $ 265,000.00 (1) Used D6TLGP Caterpillar Track Type Xxxxxxx XXX00000 $ 281,000.00 (1) Used D7RXRII Caterpillar Track Type Xxxxxxx XXX00000 $ 331,000.00 (1) Used D7RXRII Caterpillar Track Type Xxxxxxx XXX00000 $ 342,000.00 (1) Used 950H Caterpillar Medium Wheel Loader K5K02750 $ 195,000.00 (1) Used 950H Caterpillar Medium Wheel Loader K5K02734 $ 195,000.00 (1) Used 938H Caterpillar Small Wheel Loader CRD02716 $ 132,000.00 (1) Used 938H Caterpillar Small Wheel Loader RTB03741 $ 153,000.00 (1) New AFS608 Condux 27,000 XX XXXXXX with Trailer 0X0XX0000X0000000 $ 330,783.75 (1) New AFS608 Condux 27,000 XX XXXXXX with Trailer 1C9HU1823A00032102 $ 330,783.75 (1) New FRT607 Condux 3 DRUM BUNDLE TENSIONER with Trailer 0X0XX0000X0000000 $ 472,439.00 (1) New FRT607 Condux 3 DRUM BUNDLE TENSIONER with Trailer 0X0XX0000X0000000 $ 472,439.00 (1) New RW23 Condux REEL WINDER with Trailer 0X0XX0000XX000000 $ 62,610.00 (1) New RW23 Condux REEL WINDER with Trailer 0X0XX0000XX000000 $ 62,610.00 (1) New HARDLINKIT ROPEKIT-B REPO/REEL HARDLINE KIT 22MM $ 150,704.00 (1) New HARDLINKIT ROPEKIT-B REPO/REEL HARDLINE KIT 22MM $ 150,704.00 (1) New RS20B REEL STAND REEL STAND 102x70 AK333 $ 22,199.17 (1) New RS20B REEL STAND REEL STAND 102x70 AK3340 $ 22,199.17 (1) New RS20B REEL STAND REEL STAND 102x70 AK339 $ 22,199.17 (1) New RS20B REEL STAND REEL STAND 102x70 AK3341 $ 22,199.17 (1) Ne...
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SEVERABILITY; SURVIVAL OF COVENANTS. If any provision of this Lease shall be invalid under any law, it shall be deemed omitted, but the remaining provisions hereof shall be given effect. All obligations of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance.
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Related to SEVERABILITY; SURVIVAL OF COVENANTS

  • Survival of Covenants Except as expressly set forth in this Agreement or any Ancillary Agreement, the covenants, representations and warranties contained in this Agreement and each Ancillary Agreement, and Liability for the breach of any obligations contained herein, shall survive the Separation and the Distribution and shall remain in full force and effect.

  • Severability; Survival If any of the provisions contained in this Contract are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Contract for any cause.

  • Survival of Covenants, Etc All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or issue any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate delivered to any Lender or the Agent at any time by or on behalf of the Borrower, any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.

  • Severability of Covenants The Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration and geographical scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect without regard to the invalid portions.

  • Survival of Agreement; Severability (a) All covenants, agreements representations and warranties made by the Guarantors herein and in the certificates or other instruments prepared or delivered in connection with or pursuant to this Agreement or the other Loan Document shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the making by the Lenders of the Loans and the issuance of the Letters of Credit by the Issuing Bank regardless of any investigation made by any of them or on their behalf, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any other fee or amount payable under this Agreement or any other Loan Document is outstanding and unpaid or the LC Exposure does not equal zero and as long as the Commitments have not been terminated. (b) In the event one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

  • Severability and Survival To the extent any provision of this paragraph 28 is found to be unenforceable, it will be severed so the parties’ intent to arbitrate will survive and arbitration will proceed without such provision . All of the terms and provisions of this paragraph 28 will survive the termination or expiration of this Agreement.

  • Non-Survival of Representations and Covenants The respective representations, warranties, obligations, covenants, and agreements of the Parties shall not survive the Effective Time except for this Section 10.3 and Articles II, III, IV and XI and Sections 8.10, 8.11 and 8.12 of this Agreement.

  • Survival of Covenants and Agreements The covenants and agreements of the parties to be performed after the Effective Time contained in this Agreement shall survive the Effective Time.

  • Survival Severability The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

  • Survival of Representations and Covenants (a) Subject to the provisions of Section 5.1(b), the representations, warranties, covenants and obligations of each party to this Agreement shall survive: (i) the Closing and the sale of the Assets to the Purchaser; (ii) any sale or other disposition of any or all of the Assets by the Purchaser; and (iii) the dissolution of any party to this Agreement. (b) The representations, warranties, covenants and obligations of each party shall survive the Closing to the extent provided in this Section 5.1(b). The Specified Representations and covenants or obligations to be performed after the Closing shall survive and continue indefinitely. All other representations and warranties and related sections of the Seller Disclosure Schedule and the Purchaser Disclosure Schedule and all covenants to have been performed prior to the Closing shall survive the Closing for a period of twelve (12) months after the date of the Closing, except that the representations and warranties set forth in Sections 2.17 and 2.20 shall survive the Closing until the expiration of the statute of limitations applicable to claims against the Seller. For purposes of this Agreement, the "Specified Representations" shall mean the representations and warranties set forth in Sections 2.1, 2.3, 2.6 and 2.26 and Sections 3.1 and 3.6 and the related sections of the Seller Disclosure Schedule and the Purchaser Disclosure Schedule, as applicable. Notwithstanding anything to the contrary herein, if a Claim Notice (as defined below) relating to any representation or warranty set forth in any of said Sections is given to the a party required to provide indemnification pursuant to this Section 5 on or prior to the first anniversary of the Closing Date, then, notwithstanding anything to the contrary contained in this Section 5.1(b), such representation or warranty shall not so expire, but rather shall remain in full force and effect until such time as each and every claim that is based directly or indirectly upon, or that relates directly or indirectly to, any Breach or alleged Breach of such representation or warranty has been fully and finally resolved, either by means of a written settlement agreement executed by the parties hereto, or by means of a final, non-appealable judgment issued by a court of competent jurisdiction.

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