Applicability of. De Minimis Threshold; Deductible. The limitation set forth in Section 9.3(a) shall not apply (and shall not limit the indemnification or other obligations of any Effective Time Holder) (i) as to any representation or warranty herein made by the Company, in the event of Fraudulent breach of such representation or warranty by or on behalf of the Company or (ii) in the case of a breach of a Fundamental Representation.
Applicability of. A/E Guidelines. Subject to the provisions in this Agreement concerning conflicts, all provisions of the edition of the A/E Guidelines that are in effect as of the Effective Date of any Assignment shall govern the terms and conditions of said Assignment. In the event the A/E Guidelines are modified subsequent to the execution of this Agreement or of an Assignment, the revised newer version of the A/E Guidelines shall, upon delivery of written notice to PSP, replace the prior version; shall govern the Assignment; and shall be attached to the Assignment as an exhibit and incorporated therein by reference.
Applicability of. Section 1.1. ...The purpose of this Agreement is toestablish agreed objectives, standards, restricted uses and procedures for the development and use of the Property for University Purposes. This Agreement shall not in any way restrict the development or use of the Property for University Purposes. This Agreement also establishes the respective authorities, duties, and responsibilities of each party for the review and approval of development of the Property for Non-University purposes. Subject to the terms of this Agreement, The University shall retainexclusive control of the use of the Property, and the design and construction of Site Development features associated with the use of the Property for Non-University Purposes. In addition, this Agreement describes the utility needs for the Property and the City agrees to plan, fund and construct adequate utility capacities to serve the development of the Property in accordance with this Agreement.Section 1.2. Intent of the Parties. It is the intent ofthe City and The University to promote high quality and environ- mentally responsible development of the Property for Non-University Purposes, which will respond to the needs and desires of the citizens of Austin as well as the best interests of The University and the State of Texas. It is the intent of The University to give the City as much advance notice as possible of the development of the Property for Non-University purposes. It is the intent of the
Applicability of. Trade Union Act The Employer and Union recognize that, unless other legislation provides otherwise, the appropriate provisions of the Trade Union Act respecting the transfer of successor rights apply in the event that APSEA is, in whole or part, merged, amalgamated or consolidated with another employing body.