Common use of State’s Right to Enforce Clause in Contracts

State’s Right to Enforce. Termination of this Agreement, whether by expiration or sooner termination, shall not affect the right of State to enforce any or all indemnities and representations and warranties given or made by Concessionaire to State under this Agreement, which through incorporation by reference includes this Agreement, nor shall it affect any provision of this Agreement that expressly states it shall survive termination hereof including, without limitation, Articles II. (Concession Agreement and Facility Lease), XXII.B. (Americans with Disabilities Act), XXII.B. (Concessionaire’s Obligations With Respect to Environmental Matters), XIX. (Concession Bond), XXIII. (Litigation), and XXXVI. (Brokers) hereof. The Concessionaire specifically acknowledges and agrees that, with respect to each of Concessionaire's indemnities contained in this Agreement, Concessionaire has an immediate and independent obligation to defend State from any claim which actually or potentially falls within the indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which obligation arises at the time such claim is tendered to Concessionaire by State.

Appears in 1 contract

Sources: Concession Agreement

State’s Right to Enforce. Termination of this Agreement, whether by expiration or sooner termination, shall not affect the right of State to enforce any or all indemnities and representations and warranties given or made by Concessionaire RAC to State under this Agreement, which through incorporation by reference includes this Agreement, nor shall it affect any provision of this Agreement that expressly states it shall survive termination hereof including, without limitation, Articles II. II (Concession Agreement and Facility Lease), XXII.B. Article XI.B (Compliance with Americans with Disabilities Act), XXII.B. Article XXII.B (ConcessionaireRAC’s Obligations With with Respect to Environmental Matters), XIX. (Concession Bond), XXIII. XXIII (Litigation), XXXIII (Indemnification), and XXXVI. XXXVI (Brokers) hereof. The Concessionaire RAC specifically acknowledges and agrees that, with respect to each of Concessionaire's RAC’s indemnities contained in this Agreement, Concessionaire RAC has an immediate and independent obligation to defend State from any claim which actually or potentially falls within the indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which obligation arises at the time such claim is tendered to Concessionaire RAC by State.

Appears in 1 contract

Sources: Concession Agreement and Facility Lease