Common use of Applicability of Clause in Contracts

Applicability of. SECTION 7.1 TO ARTICLE IV. Notwithstanding anything to the contrary in Section 7.1 and to assure the District is compensated by Applicant for any loss that District incurs in its Maintenance and Operations Revenue as a result of, or on account of, entering into this Agreement, any and all payments otherwise due from the Applicant to the District under Articles IV, V, and VI shall not be reduced or eliminated, but rather, to the extent such payments are reduced pursuant to Section 7.1, shall be carried forward from year to year until paid in full. This provision is necessitated by the fact that the Parties are prohibited from modifying Section 7.1, so the Parties have agreed to include this Section 4.11 to express their intent that it supersede Section 7.1.