By District. The District shall have the right to enter upon the Project Site at all times. District shall comply with all safety precautions and procedures required by Developer.
By District. To the extent permitted under applicable law, District agrees to defend, indemnify and hold harmless Illuminate and its directors, officers, employees, and agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim that results from (i) the gross negligence or intentional misconduct of District or its employees or agents or (ii) any material breach of any of the representations, warranties or covenants contained herein by District.
By District. Without limiting the provisions of Section 7.4, Contractor agrees that if (a) Contractor becomes bankrupt or insolvent, or (b) Contractor violates in any material respect any of the provisions of this Agreement, which violation remains uncured for thirty (30) days following Contractor’s receipt of written notice thereof from District, the Contractor shall be in breach and District shall have all rights and remedies that may be available under Applicable Law against Contractor with respect thereto, including without limitation the right to suspend performance of the Work and/or to terminate this Agreement.
By District. (i) District reserves the right to terminate this Agreement if Hartz willfully and materially breaches or habitually and materially neglects the duties which she is required to perform under the terms of this Agreement or commits such acts of material dishonesty, fraud, misrepresentation or other acts of moral turpitude as would prevent the effective performance of her duties. District may terminate this Agreement for Cause by giving thirty (30) days' prior written notice of termination to Hartz, without prejudice, to any other remedy to which District may be entitled either at law, in equity, or under this Agreement, and giving Hartz a reasonable opportunity to cure the grounds for termination during the notice period if they are curable. The notice of termination required by this Section 5(a)(i) shall specify the grounds for the termination and shall be supported by a statement of relevant facts. If Hartz does not reasonably cure the grounds for termination within the notice period, Hartz's employment will terminate on the last day of the notice period.
By District. The District shall have the power, notwithstanding any other term or provision of this Agreement, to terminate the employment of the Interim Assistant Superintendent, without cause, prior to the expiration of this Agreement. Should the District exercise said option to terminate the employment of Interim Assistant Superintendent without cause, the District shall pay to the Interim Assistant Superintendent upon the effective date of termination an amount equal to one-half of the value of his remaining compensation which would be provided to the Interim Assistant Superintendent under this Agreement over the balance of the term of this Agreement, but not to exceed a total of nine (9) months of compensation, and shall provide health and welfare benefits for a period equal to one-half of the remaining term of this Agreement not to exceed a total time of nine (9) months . The Interim Assistant Superintendent agrees that, should the District exercise this option, such payment shall fully compensate him/her for any contract damages to which the Interim Assistant Superintendent would otherwise be entitled.
By District. District's right to commence the Claims Dispute Resolution Process shall arise at any time following District's actual discovery of the circumstances giving rise to a Claim by District. A Statement of Dispute shall be submitted by District to Design-Build Entity within sixty (60) Days of such discovery, which statement shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by District as a result of such events.
By District. In the event of the District’s failure to deliver the Refunding Bonds at the Settlement, or inability of the District to satisfy the conditions to the obligations of the Underwriters contained herein (unless waived by the Underwriters), or if the obligations of the Underwriters shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate.
By District. District or District's designee may terminate this contract for default, in whole or ine part, by written notice to CONTRACTOR of the cause for termination, which cause has not beene cured (assuming such cure is possible) within thirty (30) days after CONTRACTOR's receipt of suche written notice. District may terminate this contract for cause if District has a reasonable basis toe believe that CONTRACTOR has:e
By District. DISTRICT shall defend, indemnify and hold harmless CITY and the officers, agents and employees of CITY from any claim, loss or liability including without limitation, those for personal injury (including death) or damage to property, arising out of or connected with any aspect of the performance by DISTRICT or its officers, agents, or employees, of obligations required of DISTRICT under this Agreement as well as for claims where the loss was proximately caused by acts or omissions of CITY performed in strict compliance with express direction from DISTRICT’s governing board, officers or personnel other than direction based upon and conforming to advice from CITY.