Xxxxxx of Agreement. This Agreement, including the attached Appendices and Schedules, supersedes any prior agreement with respect to the subject hereof, whether oral or written.
Xxxxxx of Agreement. No failure by the County to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the County at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the County’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated.
Xxxxxx of Agreement. You acknowledge and agree that you have been provided with sufficient time to carefully review and examine this Agreement and to consult with counsel or other advisors regarding this Agreement, and that you understand the terms and conditions set forth in this Agreement.
Xxxxxx of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated.
Xxxxxx of Agreement. The State may cancel this Agreement and recover possession of the Premises and the Ready-Return Spaces by giving the Concessionaire 30 calendar days' advance written notice from the postmark date of such written notice, if any of the following events occur and the breach is not cured within the above-specified 30 days:
1. The Concessionaire fails to pay, when due, any rent, fee, penalty, or other charge due under this Agreement.
2. A check for any payment to the State is returned for insufficient funds.
3. The Concessionaire uses the Premises or the Ready-Return Spaces for purposes not authorized under this Agreement.
4. A petition in bankruptcy is filed by or against the Concessionaire.
5. A court enters a judgment of insolvency against the Concessionaire.
6. A trustee or receiver is appointed for the Concessionaire's assets in a proceeding brought by or against the Concessionaire.
7. A lien is filed against the Premises or the Ready-Return Spaces because of any act or omission of the Concessionaire and the lien is not removed, enjoined, or a bond of satisfaction of the lien is not posted within 60 calendar days.
8. The Concessionaire fails to operate the business authorized under this Agreement on a continuous basis without the State's prior written approval.
9. The Concessionaire does not meet the State’s DBE goal without adequately documenting to the State's satisfaction its good faith efforts to do so.
10. The cessation or deterioration of any service for any period that, in the determination of the State, materially and adversely affects the service the Concessionaire is required to perform under this Agreement.
11. The Concessionaire fails to perform any provision or covenant under this Agreement. A cancellation notice issued by the State under this Article is stayed if, within the 30-day notice period, the Concessionaire begins and continues expeditious action to cure the breach in the case of a breach that is not reasonably curable within 30 calendar days. The determination of "expeditious action" and "not reasonably curable" is at the State's sole discretion. The Concessionaire will not construe any waiver by the State of any default on the part of the Concessionaire in the performance of any provision, covenant, or condition to be performed, kept, or observed by the Concessionaire as a waiver by the State at any time thereafter of any other default or subsequent default in performance of any provision, covenant, or condition of this Agreement. A...
Xxxxxx of Agreement. Each Party agrees to undertake a review of the wording and operation of this Agreement every other year (biennially).
Xxxxxx of Agreement. 28.1. During the term of this Agreement there shall be a process of review undertaken by the Enterprise Bargaining Team in full consultation with employer and all employees on a needs basis.
28.2. The Parties commit to commence negotiations on a further agreement not less than six months prior to the expiration of this Agreement.
28.3. In the event that the parties have not reached agreement by the nominal expiry date of this Agreement, the parties will continue to observe the provisions of this Agreement.
Xxxxxx of Agreement. Litigation concerning any alleged breach of any provision(s) of this Agreement by any Party shall be pursued solely in the Southern District of New York. The Parties agree that the laws of the State of New York shall apply, without regard to conflict of laws principles.
Xxxxxx of Agreement. Neither side shall disclose information related to production, project technological documentation owned by both parties to a third party. The party breaches the contract shall pay for the compensation for the economic loss of the other party. Both parties shall carry out their own responsibilities and obligations after the agreement is signed. The other party has the right for termination if one party breaches the contract.
Xxxxxx of Agreement. The amount of the contract/agreement shall not exceed Ninety-Five Thousand Five Hundred Dollars and no cents, $95,500.00, which includes the required minimum 15% CHDO set-aside of the HOME budget allocation. Line Item: Amount: Acquisition $ 87,500.00 Rehabilitation $ 8,000.00 TOTAL: $ 95,500.00 Proceeds from the sale of affordable housing to eligible low to moderate income homebuyers will be retained by the CHDO and used in conformance with 24 CFR 92.300(a)(2). Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C) (2) of this Agreement. In addition, the GRANTEE may require a more detailed budget breakdown than the one contained herein, and the CHDO shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the GRANTEE. Any changes to this budget must be approved in writing by the GRANTEE.
