Agreement by Borrower and City Sample Clauses

Agreement by Borrower and City. Borrower and City hereby agree that upon the occurrence of any default by Borrower under the Development Agreement during the term of this Agreement or upon the occurrence of any event which would entitle City to terminate, or cause the termination of, the Development Agreement, City shall not exercise such right unless it has provided simultaneous written notice of such act or omission to Lender, and until thirty (30) days (or, if thirty (30) days is not a sufficient amount of time to cure such default, and provided that Lender has commenced curing such default (including, but not limited to, by commencing foreclosure proceedings), such longer period of time that Lender requires to cure such default (provided that Lender continues to pursue such cure)) shall have elapsed following the later of (x) the giving of such notice or (y) the applicable cure period available to Borrower under the Development Agreement, during which period Lender may cure any such default, and City and Borrower shall accept such action by Lender as a cure of such default. Notwithstanding anything to the contrary contained herein, in no event shall Lender or any Subsequent Owner, upon or after a foreclosure or other exercise of remedies on the Mortgage ever be required to cure any default of Borrower under the Development Agreement, nor indemnify City (regardless of what the terms and provisions of the Development Agreement require) for any loss, expense or damage arising at any time out of (including on a going forward basis) (i) City’s illegal or fraudulent acts or willful misconduct, (ii) City’s breach of the Development Agreement or any other contract, or (iii) any consequential, punitive or liquidated damages asserted by City. “Subsequent Owner” shall mean any party that becomes owner of the Property (or any part thereof) as a result of a Foreclosure Event (together with any successors or assigns thereof), including, without limitation, (A) Lender, (B) any purchaser of the Property (or any part thereof) from Lender, (C) any purchaser of the Property (or any part thereof) at a foreclosure on the Mortgage, or (D) any court appointed receiver of the Property (or any part thereof). “Foreclosure Event” means: (a) foreclosure under the Mortgage, whether by judicial action or pursuant to nonjudicial proceedings; (b) any other exercise by Lender of rights and remedies (whether under the Mortgage or under applicable Law, including bankruptcy law) under the Mortgage and/or the other Loan...
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Related to Agreement by Borrower and City

  • Loan Documents Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence of insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel.

  • Conflict Between this Amendment and the Agreement This Amendment shall be deemed to revise the terms and provisions of the Agreement to the extent necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement this Amendment shall govern, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement, or in the Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this Section 4.1.

  • Financing Agreements The School shall comply with Ch. 37D, HRS, relating to financing agreements. “Financing agreement” means any lease purchase agreement, installment sale agreement, loan agreement, line of credit or other agreement of the department or, with the approval of the director, and any agency, to finance the improvement, use or acquisition of real or personal property that is or will be owned or operated by one or more agencies of the State, the department or any agency, or to refinance previously executed financing agreements including certificates of participation relating thereto. The School shall not act as a guarantor of any such financing agreement.

  • Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

  • Entire Agreement; Amendment and Waiver This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject matter hereof. Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the parties to this Agreement.

  • Scope Entire Agreement and Amendment 301 Contract. This contract consists of 10 numbered pages and any Attachments as required. In the case of dispute or ambiguity arising between or among the documents, the order of precedence of document interpretation is the same.

  • Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.

  • Entire Agreement and Amendment This Agreement embodies the entire agreement and understanding of the parties hereto in respect of the subject matter of this Agreement, and supersedes and replaces all prior agreements, understandings and commitments with respect to such subject matter. This Agreement may be amended only by a written document signed by both parties to this Agreement.

  • Collective Agreements There are no collective agreements affecting your terms and conditions of employment.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

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