Common use of Acknowledgements by the Parties Clause in Contracts

Acknowledgements by the Parties. 17.1 The parties acknowledge and agree that: (A) the Licensee is entering into this Licence on its own behalf and as agent for and on behalf of each of the Participants; (B) the liability of the Participants under this Licence is several and not joint nor joint and several; (C) the Licensee is entitled to enforce this Licence on behalf of the Participants. For that purpose: (1) the Licensee may commence proceedings in its own name to enforce all obligations and liabilities of the District under this Licence and to make any claim which any Participant may have against the District; and (2) the Licensee 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; and (D) the District is entitled to enforce this Licence against the Licensee in the Licensee's capacity as agent for each of the Participants.