Waiver of Partition Rights Sample Clauses

Waiver of Partition Rights. The Owners acknowledge that any exercise of the remedy of partition (whether at law or in equity) of the jointly-owned Transmission Facilities or any portion thereof would be impracticable in view of the purposes and requirements of this Agreement, would violate the spirit and intent of this Agreement, and would defeat the Owners’ intentions and reasonable expectations as well as the consideration upon which each Owner entered into this Agreement. Accordingly, each Owner agrees that during the Term it: (a) will not, directly or indirectly, commence, maintain, support or join in any action or proceedings of any kind to partition the jointly-owned Transmission Facilities or any portion thereof; and (b) waives, after consultation with its qualified legal counsel, any and all rights that it may have under this Agreement or Governmental Requirements (whether at law or in equity) or otherwise to commence, maintain, support or join in any such action or proceeding. Each Owner acknowledges that the other Owner has entered into and will perform the terms of this Agreement in reliance upon the other Owner’s agreement and adherence to the terms of this Section 3.7, and would not have entered into this Agreement but for such reliance; and that it would be unjust and inequitable for any Owner to violate or to seek relief from any provision of this Section 3.7.
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Waiver of Partition Rights. The Parties acknowledge that any exercise of the remedy of partition (whether at law or in equity) of the New Common Facilities (or any of the Components) would be impracticable in view of the purposes and requirements of this Agreement and the Project, would violate the spirit and intent of this Agreement and the Project, and would defeat the Parties’ intentions and reasonable expectations as well as the consideration upon which each Party entered into this Agreement. Accordingly, each Party agrees that during the term of this Agreement it (a) will not commence, maintain, support or join in any action or proceedings of any kind to partition the New Common Facilities (or any of the Components), and (b) waives, after consultation with its qualified legal counsel, any and all rights that it may have under this Agreement or applicable Law (whether at law or in equity) or otherwise to commence, maintain, support or join in any such action or proceeding. Each Party acknowledges that all Parties have entered into and will perform the terms of this Agreement in reliance upon all other Parties’ agreement and adherence to the terms of this Section 12.5, and would not have entered into this Agreement but for such reliance; and that it would be unjust and inequitable for any Party to violate or to seek relief from any provision of this Section 12.5.
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Waiver of Partition Rights. Each party hereby irrevocably waives any right it may have to demand the partition or sale for partition of the Aircraft under any law of the State of Kentucky or any other jurisdiction.
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Waiver of Partition Rights. No Owner or Group shall resort to any action at law or in equity to partition any Joint Facility (either by partition in kind or by the sale of the subject property and division of the proceeds), and each Owner and Group hereby expressly waives the benefit of all Laws that may now or hereafter authorize such partition for a term that is coterminous with the Term or for such lesser period as may be required or permitted by applicable Law.
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Waiver of Partition Rights. No Owner shall resort to any action at law or in equity to partition the Plant, the Plant Site, the Plant Property or the Project Agreements (either by partition in kind or by the sale of the subject property and division of the proceeds), and each Owner hereby expressly waives the benefit of all Laws that may now or hereafter authorize such partition for a term that is coterminous with the term of this Agreement or for such lesser period as may be required by Applicable Law.
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Waiver of Partition Rights. The parties agree that it would not be equitable to divide or partition the Premises or the leasehold interest under this Lease, and acknowledge that Landlord would not have entered into this Lease if such a division or partition were allowed to occur. Therefore, NEXUS, KS, DS, GARY, XXXXX and XXXXXXXXX, jointly and severally, hereby waive to the fullest extent permitted by law, any benefit of, any right to, or participation in, any rights that they have to bring an action for judicial partition and require a sale of only a portion of the Premises or the leasehold interest under this Lease. To the extent that such rights are required by statute and cannot be waived, NEXUS, KS, DS, GARY, XXXXX, and XXXXXXXXX jointly and severally, waives any right to enforce any remedy that they now have or may hereafter have against Landlord except for the remedy of a sale of the entire Premises or the entire leasehold interest under this Lease. Any transfer, assignment or sublease pursuant to any action for partition shall be subject to the provisions of Paragraph 14 herein. The parties further agree that any action, ruling, decision, or other determination to divide or partition the Premises or the leasehold interest under this Lease shall be deemed to be a default under the terms of this Lease as provided under Paragraph 15(b) (i) (F), and that Landlord shall be entitled to enforce all remedies for default provided under Paragraph 15 of this Lease in such an event. In addition, Tenant shall pay as Additional Rent reasonable attorney’s fees incurred by Landlord in its participation in any action, ruling, decision, or other determination to divide or partition the Premises or the leasehold interest under this Lease.
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Waiver of Partition Rights. BUYER AND SELLER WAIVE THEIR LEGAL AND EQUITABLE RIGHTS TO PARTITION THE PROPERTY DURING THE PERIOD BETWEEN THE FIRST CLOSING AND SECOND CLOSING, PROVIDED THAT IF EITHER PARTY SHALL BREACH ITS OBLIGATIONS UNDER THE AGREEMENT, THE NONDEFAULTING PARTY SHALL HAVE THE RIGHT AND OPTION TO SEEK PARTITION OF THE PROPERTY, CUMULATIVE OF ALL OTHER RIGHTS AND REMEDIES AVAILABLE TO THE NONDEFAULTING PARTY ON ACCOUNT OF SUCH BREACH.
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Waiver of Partition Rights. Except as otherwise expressly required or permitted by this Agreement, no Member shall resign or withdraw from the Company, demand or receive a return of such Member’s contributions or profits (or a bond or other security for the return of such contributions or profits), or exercise any power under the Statute to dissolve the Company. Each Member irrevocably waives any right to require partition, apportionment, dissolution or the sale of Company or its Property. No Member shall directly or indirectly take any Action prohibited by this Section. Operating Agreement for VENUE AT ARISTA, LLC: Page 5
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Related to Waiver of Partition Rights

  • Waiver of Partition To the maximum extent permitted by law, each Partner hereby waives any right to partition of the Partnership property.

  • Waiver of Right to Partition The Partners, by execution of this Agreement, waive their respective rights to partition of the Partnership Property.

  • Waiver of Partition; Nature of Interest Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special Members hereby irrevocably waives any right or power that such Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • Non-Waiver of Rights The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

  • Nonwaiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • No Right of Partition No Member, other than the Manager, shall have the right to seek or obtain partition by court decree or operation of Law of any Company property, or the right to own or use particular or individual assets of the Company.

  • Non-waiver of Legal Rights Execution of this Agreement by either Party does not confirm or imply that the executing Party agrees with any decision(s) issued pursuant to the Telecommunications Act of 1996 and the consequences of those decisions on specific language in this Agreement. Neither Party waives its rights to appeal or otherwise challenge any such decision(s) and each Party reserves all of its rights to pursue any and all legal and/or equitable remedies, including appeals of any such decision(s).

  • Rights of Limited Partners Except as otherwise provided in this Agreement, each Limited Partner shall look solely to the assets of the Partnership for the return of its Capital Contributions and shall have no right or power to demand or receive property other than cash from the Partnership. Except as otherwise provided in this Agreement, no Limited Partner shall have priority over any other Partner as to the return of its Capital Contributions, distributions, or allocations.

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