Use of the Site; Operating Covenant Sample Clauses

Use of the Site; Operating Covenant. From and after the effective date of this Agreement, and in compliance with the terms of this Section 1.2 the Dealer covenants and agrees for itself, its successors, assigns and any successors in interest to the Site, that the Site shall be occupied and used solely for automotive uses relating to a new automobile, recreational vehicle and truck dealership activities, including automobile, recreational vehicle and truck servicing, used automobile, used recreation vehicles, used truck sales, and repair of vehicles and ancillary uses reasonably related and connected to new automobile, recreational vehicles and truck dealerships. The Site and all improvements constructed and maintained thereon shall be used and operated by the Dealer for the uses permitted herein and for no other use or purpose; all such use shall be in compliance with the Auto Center CC&R’s which were adopted on June 13, 1989 as thereafter amended. The Dealer shall not use or permit any other person to use the Site, or any part thereof, for any purposes tending to injure the reputation thereof or for any improper or offensive use or to constitute a nuisance; and the Dealer shall at all times during said terms conform to, and cause all persons using or occupying any part of the Site to comply with, all public laws, ordinances, and regulations from time to time applicable thereto and to all operations thereon. The Dealer covenants and agrees for itself, its successors, assigns and any successors in interest to the Site to continue to operate the Adventurecorp Dealership, or such other dealership which may be approved by the Agency pursuant to Section 1.2, upon the Site for a period of not less than twenty-five (25) years following the effective date of the Agreement, and, except with the prior written consent of the Agency for each instance, which consent may be granted or withheld in the Agency’s sole and absolute discretion, the failure of the Dealer or an operator approved by the Agency pursuant to Section 1.2 to operate such a dealership for ninety (90) consecutive days shall, at the Agency’s option, constitute a default hereunder, but upon submission of proof satisfactory to Agency in its sole and absolute discretion that Dealer is diligently pursuing acquisition of a new vehicle franchise for the Site or attempting to reopen the existing franchise following a natural disaster, Agency may grant an additional ninety (90) days to Dealer to recommence operation of a dealership before consider...
AutoNDA by SimpleDocs

Related to Use of the Site; Operating Covenant

  • Use of the Site You understand that, except for information, products or services clearly identified as being supplied by OPERA INFOTECH does not operate, control or endorse any information, products or services on the Internet in any way. Except for OPERA INFOTECH identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with OPERA INFOTECH a. You also understand that OPERA INFOTECH cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. OPERA INFOTECH PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OPERA INFOTECH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OPERA INFOTECH DOES NOT WARRANTI THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OPERA INFOTECH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITYIN NO EVENT WILL OPERA INFOTECH. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OPERA INFOTECH OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OPERA INFOTECH . LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. OPERA INFOTECH makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- OPERA INFOTECH web site, please understand that it is independent from OPERA INFOTECH. and that OPERA INFOTECH has no control over the content on that web site. In addition, a link to a OPERA INFOTECH web site does not mean that OPERA INFOTECH. endorses or accepts any responsibility for the content, or the use, of such web site.

  • Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.

  • Use of the Service 12.1 When using the Service you must comply with:

  • Train Operator Events of Default The following are Train Operator Events of Default:

  • Your Use of the Services You agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with this Agreement, not to use the Services for illegal purposes or in manner inconsistent with this Agreement, and not to interfere with or disrupt the networks connected to the Services. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, anyone else. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You acquire no rights to the Services and/or materials we provide to you other than the limited right to utilize the Services in accordance with this Agreement.

  • Your Use of the Service 4.1 You will not use the Service in any way that would constitute or contribute to the commission of a crime, tort, fraud, or other unlawful activity (including activities deemed unlawful under a complainant’s legal jurisdiction) (“Laws”). You will indemnify, and keep us fully indemnified, against all costs, claims, demands, expenses, and liabilities arising out of, or in connection with, any claim that the Service (or its use) infringes any Laws.

  • Use of the Software TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND

  • Janitorial Services or Building Maintenance Services If this Agreement is for janitorial or building maintenance services, this section is applicable. If this Agreement requires Contractor to perform Services at a new site, Contractor shall retain for sixty (60) days all employees currently employed at that site by any previous contractor that performed the same services at the site. Contractor shall provide upon request information sufficient to identify employees providing janitorial or building maintenance services at each site and to make the necessary notifications required under Labor Code section 1060 et seq.

  • ACCESS TO PLANTS AND PROPERTIES Seller shall comply with all the rules and regulations established by Buyer for access to and activities in and around premises controlled by Buyer or Buyer’s customer.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!