Xxxx Gully. Xxxx Gully has a wide floodplain downstream of IH-10 with only a couple of cross sections between IH-10 and SH 124. The backwater created by SH 124 and the railroad crossing will influence the tailwater condition at IH-10. Obtain cross sections along Xxxx Gully to just downstream of SH 124.
Xxxx Gully. The Company has agreed to partner with CFH in relation to the Coverage Area on the basis of certain assumptions regarding legislative and regulatory requirements as set out in the Interim Period Agreement to be applicable to it in connection with its participation in the UFB Initiative and on the basis of CFH having agreed exclusively to partner with it in respect of the Coverage Area.
Xxxx Gully. CFH acknowledges and agrees that each such document will, once finalised, have the contractual effect intended by this Agreement to apply to that document.
Xxxx Gully. Performance
Xxxx Gully. The parties acknowledge that the Service Default Payments comprise elements of indirect loss and damage and loss of profits, revenue and business, and the Company accepts that such loss comprises part of the Service Default Payments.
Xxxx Gully. If the Company does not challenge the enforceability of any obligation to pay Liquidated Damages, Service Default Payments or Material Breach Liquidated Damages, but a court or arbitrator finds (for whatever reason) that the obligation is unenforceable, CFH will not be entitled to exercise its right to terminate this Agreement under clause 6.4(b) or its right to suspend further subscriptions under the Subscription Agreement unless the Company actually relies on the finding and does not pay Liquidated Damages, Service Default Payments or Material Breach Liquidated Damages (however CFH’s right to terminate will revive at any time that the Company subsequently does not pay Liquidated Damages, Service Default Payments or Material Breach Liquidated Damages in reliance on the finding).
Xxxx Gully enable the Company to provide the Design and Build and the O&M Services, and, for the avoidance of doubt, any failure by the Company to obtain such approvals, permissions, consents, licence or requirements is not a Force Majeure Event or Third Party Event.
Xxxx Gully. Subject to clause 11.4(b):
