By the Authority Sample Clauses

By the Authority. The Authority may, by not less than 15 (fifteen) days’ written notice of termination to the Consultant, such notice to be given after the occurrence of any of the events specified in this Clause 2.9.1, terminate this Agreement if:
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By the Authority. Subject to the provisions of Clause 29.8, the Authority may: assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof to any Contracting Body; or novate this Framework Agreement to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Authority, provided that where such assignment, novation or other disposal increases the burden of the Supplier’s obligations pursuant to this Framework Agreement, the Supplier shall be entitled to such charges as may be agreed between the Authority and the Supplier to compensate for such additional burdens. Subject to the provisions of Clause 29.8, any change in the legal status of the Authority such that it ceases to be a Contracting Body shall not affect the validity of this Framework Agreement. In such circumstances, this Framework Agreement shall bind and inure to the benefit of any successor body to the Authority. If this Framework Agreement is novated to a body which is not a Contracting Body, or if a successor body which is not a Contracting Body becomes the Authority (in the remainder of this Clause both such bodies are referred to as the (“Transferee”)): the rights of termination of the Authority in Clause 14.9 shall be available, mutatis mutandis, to the Supplier in the event of the financial difficulty of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof with the previous consent in writing of the Supplier (such consent not to be unreasonably withheld or delayed). The Supplier shall enter into such agreement and/or deed as the Authority shall reasonably require so as to give effect to any assignment, novation or disposal made pursuant to Clause 29.6.
By the Authority. The Authority may not assign its rights and obligations hereunder except to another public body of the State which has the power to perform the Authority’s obligations hereunder and which assumes all the Authority’s obligations hereunder either in writing or by operation of law.
By the Authority. Neither the Authority nor any Governmental Authority of or in the Commonwealth shall do any act or thing that will create or permit to exist any Encumbrance (other than a Permitted Authority Encumbrance) against the LMM Airport Facility and shall promptly remove any Encumbrance (other than a Permitted Authority Encumbrance) against the LMM Airport Facility that came into existence as a result of an act of or omission by the Authority or a Person claiming through the Authority. The Authority shall not be deemed to be in default hereunder if the Authority continuously, diligently and in good faith contests any such Encumbrance, or the validity thereof (or causes such contest), by appropriate legal proceedings that shall operate to prevent the foreclosure of any such Encumbrance; provided that the Authority (i) has given advance notification to the Lessee that it is the intent of the Authority to contest the validity or collection thereof or cause such contest and (ii) has given a reasonably satisfactory indemnity to the Lessee or has deposited with the Lessee a Letter of Credit, surety bond consistent (as to form and credit quality of issuer) with the requirements set forth herein for Letters of Credit, cash or Eligible Investment reasonably satisfactory to the Lessee in an amount equal to the amount of the claim or Encumbrance, plus such interest and penalties, court costs or other charges as the Lessee may reasonably estimate to be payable by the Authority at the conclusion of such contest or as is required to provide insurance over any potential Encumbrance; provided, however, that in the event such Letter of Credit, surety bond, cash or Eligible Investment shall be so deposited, the same shall be held until such claim or other Encumbrance shall have been released and discharged and shall thereupon be returned to the Authority, less any amounts expended by the Lessee, if any, to procure such release or discharge, or any loss, cost, damage, reasonable attorneys’ fees or expense incurred by the Lessee, if any, by virtue of the contest of such Encumbrance.
By the Authority. The Authority may, by not less than thirty (30) days' written notice of termination to the Agency (except in the event listed in paragraph (e) below, for which there shall be a written notice of not less than sixty (60) days, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (g) of this Clause GC 3.2.9.1, terminate this Contract.
By the Authority. The Authority may also terminate this Agreement where (a) the Manager, or a manager, member, director, or officer of the Manager, has been convicted or indicted for any federal or state felony involving moral turpitude or any federal or state gaming offense, provided, however, that the Authority may not terminate this Agreement based on the conviction of a member, director, or officer where the Manager terminates such individual (or such individual withdraws or resigns, as applicable) within ten days after receiving notice of the conviction or indictment from the Authority; (b) the removal of the Manager is required by the NIGC or its Chairman, provided, however, that the Authority shall not so terminate this Agreement and the Manager may contest such requirement of the NIGC or its Chairman so long as such contest is in good faith and shall not prevent the Authority from conducting Gaming at the Gaming Facility; or (c) the Manager, through a manager, member, director, or officer of the Manager, has knowingly and willfully provided materially important false or misleading statements or information to the Authority, provided, however, that the Authority may not terminate this Agreement based on such statements or information provided by a manager, member, director, or officer of Manager or a member of Manager, where the Manager terminates such individual (or such individual withdraws or resigns, as applicable) within 30 days after the later of (i) the Manager receives written notice from the Authority of such statements or information or (ii) if Manager contests in good faith such statements or information by filing for a proceeding in arbitration in accordance with Section 16.1.1 within such 30 days and terminates such individual (or such individual withdraws or resigns as applicable) within 30 days after the decision of such arbitrator in favor of the Authority. For purposes of this Section 9.3.2 'materially important false or misleading statements' means a false or misleading statement that is of such importance and materiality to the operation of the Gaming Enterprise so as to merit termination in the view of a reasonably prudent commercial business person.
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By the Authority. Neither the Borough nor the Authority shall do any act or thing that will create any Encumbrance (other than a Permitted Authority Encumbrance) against the System and shall promptly remove any Encumbrance (other than a Permitted Authority Encumbrance) against the System that came into existence as a result of an act of or omission by the Authority or a Person claiming through the Authority. The Authority shall not be deemed to be in default hereunder if the Authority continuously, diligently and in good faith contests any such Encumbrance, or the validity thereof (or causes such contest), by appropriate legal proceedings that shall operate to prevent the foreclosure of any such Encumbrance; provided that the Authority has given advance notification to the Concessionaire that it is the intent of the Authority to contest the validity or collection thereof or cause such contest.
By the Authority. Whenever any Event of Default by the Developer occurs, the Authority may immediately suspend its performance under this Agreement and may take any one or more of the following actions after providing thirty (30) days prior written notice to the Developer, each Investor (if then any), and each Holder (if then any) of the Event of Default, but only if either the Event of Default has not been cured within thirty (30) days after the receipt of such written notice or, if the Event of Default reasonably cannot be cured within such thirty (30) day period, the Developer either has not commenced to cure such Event of Default during such thirty (30) day period or commenced to cure during such thirty (30) day period but is not continuing to pursue such cure in a reasonable manner or has not completed such cure within a reasonable time period:
By the Authority. For this purpose, the Tribe and the Authority will identify all such persons to Manager in a writing and take reasonable steps to keep the list current; Manager shall not be held responsible if any person not on such written list is employed.
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