IT IS MUTUALLY AGREED THAT Sample Clauses
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IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effecti...
IT IS MUTUALLY AGREED THAT. 6.1 Owner shall designate one (1) person to serve as Owner’s Representative in all dealings with the Property Manager hereunder. Whenever the notification and reporting to Owner or the approval, consent or other action of Owner is called for hereunder, any notification and reporting if sent to or specified in writing to Owner’s Representative, and any approval, consent or action if executed by Owner’s Representative, shall be binding on Owner. Owner’s Representative initially shall be: M▇. ▇▇▇▇▇▇▇ ▇. Matlin, Vice President, Administration 2▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Owner’s Representative may be changed at the discretion of Owner, at any time and from time to time, and shall be effective upon the Property Manager’s receipt of written notice of the new Owner’s Representative.
6.2 Owner expressly withholds from the Property Manager any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner, other than expenses related to exercising the express powers above vested in the Property Manager without the prior written direction of Owner’s Representative, except that the Property Manager shall make all emergency repairs as may be required to ensure the safety of persons or property or which are immediately necessary for the preservation and safety of the Premises or the safety of the tenants and occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.3 The Property Manager shall be responsible for notifying Owner in the event it receives notice that any building on the Premises or any equipment therein does not comply with the requirements of any statute, ordinance, law or regulation of any governmental body or of any public authority or official thereof having or claiming to have jurisdiction thereover. The Property Manager shall promptly forward to Owner any complaints, warnings, notices or summonses received by the Property Manager relating to these matters. Owner represents that to the best of its knowledge the Premises and such equipment comply with all such requirements and authorizes the Property Manager to disclose Owner of the Premises to any officials and agrees to indemnify, protect, defend, save and hold the Property Manager and the other Indemnified Parties harmless of and from any and all...
IT IS MUTUALLY AGREED THAT. Modifications to the facilities provided by FPL under this Agreement, other than for maintenance, may only be made through the execution of an additional Premium Lighting Agreement delineating the modifications to be accomplished. Modification of FPL premium lighting facilities is defined as the following:
IT IS MUTUALLY AGREED THAT. The central administration of the District and the Coordinator of Field Placement, appointed by Washington State University, will be responsible for assigning student teachers, selecting cooperating teachers who have a minimum three years teaching experience who understand learners, learning, and teaching, possess good communication skills, and are willing to share teaching responsibilities and autonomy. These parties are also responsible for working out the student’s program of experience in cooperation with principals and cooperating teachers; provided, however that the School District reserves the right to terminate any student teacher when it is in the best interests of the district to do so but will consult with the university supervisor before doing so. Candidates will not be placed in settings in which personal relationships or previous experiences could interfere with objective evaluation of candidates. In assigning student teachers and in reimbursing cooperating teachers, it is recognized that, in many instances, it may be desirable for the student to work with more than one cooperating teacher, and in more than one field. When student teachers are assigned exclusively to certain specialized fields with directors and consultants who act as direct supervisors of such student teachers with responsibility comparable to that of a high school department head, it will be possible to allocate a proportion of the administrative fee to the supervisor. The representative of Washington State University who supervises the student teacher program is responsible for working with the District to provide itemized billing to Washington State University for each student teacher and the allocation of funds to be paid. Payments by Washington State University are to be due at the conclusion of each student teaching period. The term of this agreement shall be for five years, beginning «Month» «Year». This agreement may be renewed for additional periods if approved by both parties in writing. Notwithstanding the term stated, this agreement may be renewed and amended at the end of each school year. The University reserves the right to cancel this agreement at any time in the event funds are not appropriated by the Washington Legislature for the teacher preparation program at Washington State University. Each party certifies that it will not discriminate in the performance of this Agreement on the basis of race, color, national origin, gender, sexual orientation (to inclu...
IT IS MUTUALLY AGREED THAT. The Lessee will indemnify and save harmless Buncombe County and Buncombe County Cooperative Extension, their employees, agents and assigns from all loss, cost and expense arising out of any liability for injury or damages to persons or property sustained or claimed to have been sustained by anyone whomsoever by reason of ▇▇▇▇▇▇’s willful or negligent act(s) arising out of the use of the equipment herein above described.
IT IS MUTUALLY AGREED THAT. The Lessee will indemnify and save harmless Buncombe County and the Buncombe County Soil and Water Conversation District, their board members, employees, agents and assigns from all loss, cost and expense arising out of any liability for injury or damages to persons or property sustained or claimed to have been sustained by anyone whomsoever by reason of ▇▇▇▇▇▇’s willful or negligent act(s) arising out of the use of the equipment herein above described.
IT IS MUTUALLY AGREED THAT a) Time is of the essence of this Agreement.
b) The terms of this Agreement shall apply to their heirs, personal representatives, successors, and assigns of both Owners and Tenants in like manner as to the original parties.
IT IS MUTUALLY AGREED THAT. 1. All persons employed by the Agency for purposes of accomplishing the goals of this agreement shall remain as the Agency’s employees while carrying out their duties under this agreement and shall not be considered Federal employees for any purpose. These employees shall not have the protection of the Federal Tort Claims Act if they negligently cause injury or damage to others and will not be covered by the Federal Employees’ Compensation Act if they are injured on the job.
2. This agreement is effective the date It is signed by both parties and shall continue in effect for obligation purposes through September 30, year.
3. Nothing shall be construed as obligating the parties to expend or as involving the United States in any contact or other obligation for future payment of money in excess of funds authorized by law and administratively made available. The furnishing of financial and other assistance by NRCS is contingent upon funds appropriated by Congress, made administratively available, or authorized by law.
4. This agreement may be amended at any time as mutually agreed in writing. Modifications within the scope of this agreement shall be by mutual consent of both parties, by the issuance of a written modification, signed by both parties. All modifications, extension, or amendments shall be made prior to the expiration date of this agreement.
5. This agreement may be terminated by either party upon thirty days written notice to the other party. Neither party shall incur further obligations past the date of termination. If the termination is for noncompliance, the Agency may be required to refund any payments made under this agreement by NRCS. If the termination is for the convenience of NRCS, the Agency will be entitled to reimbursement to expenses incurred prior to termination by NRCS. If the Agency elects to terminate this agreement, the Agency will be responsible to refund the NRCS any payments made under this agreement. 6. This agreement may be temporarily suspended by either party if it is determined that corrective action is needed to meet the provisions of this agreement. Further, either party may suspend this agreement when it is evident that a termination is pending.
IT IS MUTUALLY AGREED THAT. The purpose of this Agreement is to provide the Washington Health Benefit Exchange (“Exchange”) with Qualified Health Plan Enrollment Affiliates (“Affiliate”). The Affiliate shall perform the responsibilities and duties, as defined below, throughout the term of the Agreement.
IT IS MUTUALLY AGREED THAT. Representatives of both parties will meet as necessary for the purpose of planning for and evaluating academic and administrative aspects of this cooperative program and discussing any problems and matters regarding the relationship of the parties to this agreement.