Support of Contract. This Agreement shall be binding upon the Contracting Parties and their lawful successors and assigns. The Contracting Parties agree to cooperate with each other and to use their best efforts to do all things necessary for the creation and continued operation of the District. In the event that this Agreement or any of its terms, conditions, or provisions is challenged by any third party or parties in a court of law, the Contracting Parties agree to cooperate with one another and to use their best efforts in defending this Agreement with the object of upholding this Agreement. Each Contracting Party shall bear its own costs in any such proceeding challenging this Agreement or any term or provision herein.
Support of Contract. The Contracting Parties agree to cooperate with each other and to use their best efforts to do all things necessary for the creation and continued operation of the District, including, but not limited to, supporting, within the legal parameters applicable to each Contracting Party the approval by the electors of either or both of the townships of the resolution authorizing this Contract, if necessary. In the event that this Contract or any of its terms, conditions or provisions is challenged by any third party or parties in a court of law, the Contracting Parties agree to cooperate with one another and to use their best efforts in defending this Contract with the objective of upholding this Contract. The Contracting Parties shall each bear its own costs in any such proceeding challenging this Contract or any term, condition or provision thereof, provided that the Board shall reimburse the Contracting Parties for such costs to the extent funds of the District are available and appropriated therefor. In the event that District funds are not available and appropriated therefor, the costs of any such proceeding shall be allocated among the Contracting Parties as follows: German 35%, Xxxxxxx 10%, Farmersville 20% and Germantown 35%.
Support of Contract. The Township and the City agree to cooperate with each other and to use their best efforts to do all things necessary for the creation and continued operation of the District. The Township and the City shall support this Contract and shall defend the same against any lawsuits brought against the District or the Board or the Township or the City in conjunction with the District. The expenses and fees of the Board, the Township and the City, including reasonable attorney fees, incurred in any lawsuit brought against the District or the Board or the Township or the City shall be paid or reimbursed from the District Income Tax revenues prior to any distributions to the XXXX Parties. If the District Income Tax revenues are insufficient at any time to pay such expenses and fees, then each of the XXXX Parties shall initially pay their own respective expenses and fees, and the XXXX Parties shall each be reimbursed for the amount of such expenses and fees paid by them when the District Income Tax revenues are available for that reimbursement. Notwithstanding the foregoing and only to the extent not otherwise covered by insurance, if the District Income Tax revenues are insufficient at any time to pay the expenses and fees of the Board incurred in the defense of a lawsuit brought by a third party within one (1) year of the Effective Date which seeks to terminate or similarly challenge this Contract, the Township shall undertake the defense on behalf of the Board, and the Township shall be reimbursed for the amount of such expenses and fees paid by the Township when the District Income Tax revenues are available for that reimbursement. In the event of such litigation, the Township shall have the sole and unilateral authority to terminate the Contract without the consent of the other XXXX Parties; provided, however, that the Township shall provide the other XXXX Parties with thirty (30) days prior written notice of such termination. Moreover, the Township shall have the authority to control, compromise and/or settle such litigation on such terms as the Township deems satisfactory.
Support of Contract. The Contracting Parties agree to cooperate with each other and to use their best efforts to do all things necessary for the creation and continued operation of the District, including, but not limited to, promoting the approval by the electors of Rootstown of the resolution authorizing this Contract, if necessary. In the event that this Contract or any of its terms, conditions or provisions is challenged by any third party or parties in a court of law, the Contracting Parties agree to cooperate with one another and to use their best efforts in defending this Contract with the objective of upholding this Contract. The Contracting Parties shall each bear its own costs in any such proceeding challenging this Contract or any term, condition, or provision thereof, provided that the XXXX Board shall reimburse the Contracting Parties for such costs to the extent funds of the District are available and appropriated therefor. In the event that District funds are not available and appropriated therefor, the costs of any such proceeding shall be allocated among the Contracting Parties as follows: to Kent based on the then applicable percentage in the Table shown in Section 11 above and the balance to Rootstown.
