Common use of APPLICANT’S OBLIGATION TO MAINTAIN VIABLE PRESENCE Clause in Contracts

APPLICANT’S OBLIGATION TO MAINTAIN VIABLE PRESENCE. In order to receive and maintain the limitation authorized by Section 2.4 in addition to the other obligations required by this Agreement, Applicant shall Maintain Viable Presence in District commencing at the start of the Tax Limitation Period through the Final Termination Date of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, Applicant shall not be in breach of, and shall not be subject to any liability for failure to Maintain Viable Presence to the extent such failure is caused by force majeure, provided Applicant makes commercially reasonable efforts to preserve and maintain a viable presence at the conclusion of such force majeure.