Common use of Acknowledgements by the Parties Clause in Contracts

Acknowledgements by the Parties. 19.1 The parties acknowledge and agree that: (A) the Lessee is entering into this Lease on its own behalf and as agent for and on behalf of each of the Participants; (B) the liability of the Participants under this Lease is several and not joint nor joint and several; (C) the Lessee is entitled to enforce this Lease on behalf of the Participants. For that purpose: (1) the Lessee may commence proceedings in its own name to enforce all obligations and liabilities of the District under this Lease and to make any claim which any Participant may have against the District; and (2) the Lessee shall use all commercially reasonable efforts to ensure that where it commences such proceedings against the District, it shall consolidate the claims of the Participants so that it is not prosecuting similar claims separately on behalf of one or some Participants; (D) the District is entitled to enforce this Lease against the Lessee in the Lessee's capacity as agent for each of the Participants.

Appears in 2 contracts

Sources: Road Use and Access Licence Agreement, Road Use and Access Lease Agreement