Use of Canadian Sites Pending Construction Sample Clauses

Use of Canadian Sites Pending Construction. Until such time as New ------------------------------------------ Caliber Campuses are constructed by Caliber in Canada pursuant to this Agreement, Caliber's existing facilities in Montreal, Toronto and Vancouver, with each location having twelve (12) desktops able to accommodate 2 students each, for a total of twenty-four (24) students per location, will be utilized; and, should MCIS require additional classroom space in Canada for the delivery of any Course, Caliber shall procure such additional classroom space from a third-party provider, in which event MCIS shall pay to Caliber a classroom /*/ Text omitted pursuant to a request for confidential treatment and filed seperately with the Securities and Exchange Commission. procurement fee equal to /*/, or such other fee as the parties may agree upon in writing in advance, which fee shall be in addition to any Course Delivery Fees and any other fees otherwise payable by MCIS hereunder in connection with the Course. Notwithstanding the foregoing, MCIS shall not be obligated to pay any classroom procurement fee under this section if and to the extent the need for such alternate classroom space is attributable to the failure of Caliber to construct any New Caliber Campus within the one hundred twenty (120) day period contemplated by Section 9.1.5, it being understood and agreed by the parties that, without limiting MCIS's other rights and remedies as provided in this Agreement, the waiver of such fee shall be Caliber's sole and exclusive liability for breach of such section.
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Use of Canadian Sites Pending Construction. Until such time as New ------------------------------------------ Caliber Campuses are constructed by Caliber in Canada pursuant to this Agreement, Caliber's existing facilities in Montreal, Toronto and Vancouver, with each location having twelve (12) desktops able to accommodate 2 students each, for a total of twenty-four (24) students per location, will be utilized; and, should MCIS require additional classroom space in Canada for the delivery of any Course, Caliber shall procure such additional classroom space from a third-party provider, in which event MCIS shall pay to Caliber a classroom procurement fee equal to * , or such other fee as the parties may agree upon in writing in advance, which fee shall be in addition to any Course Delivery Fees and any other fees otherwise payable by MCIS hereunder in connection with the Course. Notwithstanding the foregoing, MCIS shall not be obligated to pay any classroom procurement fee under this section if and to the extent the need for such alternate classroom space is attributable to the failure of Caliber to construct any New Caliber Campus within the one hundred twenty (120) day period contemplated by Section 9.1.5, it being understood and agreed by the parties that, without limiting MCIS's other rights and remedies as provided in this Agreement, * .
Sample 1

Related to Use of Canadian Sites Pending Construction

  • Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all requirements of law are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor.

  • Specific Shall Not Limit General; Construction No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.

  • No Construction Loans No Mortgage Loan was made in connection with (i) the construction or rehabilitation of a Mortgage Property or (ii) facilitating the trade-in or exchange of a Mortgaged Property other than a construction-to-permanent loan which has converted to a permanent Mortgage Loan;

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Language Construction The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Headings and Construction The headings of sections in this Agreement are for convenience of reference only and are not intended to qualify the meaning of any section. Any reference to a section number shall refer to a section of this Agreement, unless otherwise stated.

  • No Strict Construction The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.

  • Complete Agreement; Construction This Agreement, including the Schedules hereto, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Schedule, the Schedule shall prevail. The rights and remedies of the Parties herein provided shall be cumulative and in addition to any other or further remedies provided by law or equity.

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