By Grantee. Grantee may terminate this Grant as follows:
By Grantee. Grantee may terminate this Grant as follows: If Grantee is a governmental entity, immediately upon written notice to Agency, if Grantee fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to perform its obligations under this Grant. If Grantee is a governmental entity, immediately upon written notice to Agency, if applicable laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project activities contemplated under this Grant are prohibited by law or Grantee is prohibited from paying for the Project from the Grant Funds or other planned Project funding; or Immediately upon written notice to Agency, if Agency is in default under this Grant and such default remains uncured 15 days after written notice thereof to Agency.
By Grantee. Subject to Section 35.4, the Grantee may not assign or otherwise allow use of its rights under this Agreement to any person or entity other than an affiliate (as defined in Section 16.1) without the prior written approval of the Grantor. The Grantor's approval will be granted provided the new person or entity demonstrates to the reasonable satisfaction of the Grantor that the proposed assignee is financially and operationally fit, willing and able to discharge its obligations under this Agreement, acquires substantially all of the Grantee's business within the geographic area of such assignment including substantially all of the assets used in such business, and agrees to be bound directly and fully by all of the terms and conditions of this Agreement.
By Grantee. Grantee may terminate this Agreement as follows:
By Grantee. In the event that Grantee requests relocation, replacement, or rebuild of the Cable during the term of this Agreement, the cost of any such work shall be paid by Grantee, and Grantee shall submit to Grantor a completed copy of Exhibit 11.1 to request an acceptable new location. No relocation or replacement shall be performed on Grantor's property by Grantee without the prior written approval of Grantor.
By Grantee. Grantee agrees to indemnify and hold harmless Grantor, its employees, contractors, subcontractors, agents, directors, officers, affiliates, and subsidiaries and their respective employees, subcontractors, agents, directors and officers from and against any and all liabilities, damages, losses, claims, demands, judgments, costs, and expenses (including, subject to Section 33.2, the cost of defense thereof and attorney's fees) based on the Grantee's use of the Cable including, without limitation, any claim for infringement of patent or trade secret, made by Third Parties (collectively, "Claims").
By Grantee. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor’s officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee’s use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to Section 5 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. By Grantor: Grantee, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantor, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantee or Grantee’s officials, officers, directors, employees or agents, or the concurrent ne...
By Grantee. Grantee hereby agrees to protect, defend, indemnify and hold harmless Grantor, Grantor’s officers, employees, representatives and/or agents, and their successors and assigns, for, from, and against any and all liabilities, costs and/or expenses including, without limitation, reasonable attorneys’ fees, in connection with damages, losses, injuries, and/or death to persons which may be asserted against Grantor, Grantor’s officers, employees, representatives and/or agents, and their successors and assigns, arising out of or in relation to the use of the easement by Grantee or the public, except to the extent (if any) such liabilities, costs or expenses are caused by, arise out of, result from or relate to Grantor’s own negligence or intentional misconduct.
By Grantee. (i) Grantee represents that as of the date of this Agreement, Grantee owns no capital stock or other securities of Unioil.
By Grantee. Grantee agrees and covenants, at its sole cost and expense, to indemnify, protect, defend and hold Grantor harmless, from and against any and all Environmental Claims, to the extent caused, in whole or in part, by the negligent or intentional act of Grantee.
