By the District. The District represents, warrants, covenants and agrees as a basis for the undertakings on its part contained herein that:
By the District. The District’s right to commence the Claims Resolution Process shall arise at any time following the District’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude the District from asserting Claims in response to a Claim asserted by the Architect. A Statement of Claim submitted by the District shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by the District as a result of such events. Notwithstanding the foregoing, the District shall not be able to commence or assert a claim beyond the applicable statute of limitations.
By the District i. If Contractor fails to perform their duties or materially breaches any obligation in the Agreement, and the failure or breach is not corrected within five (5) days of receiving written notice from the District, or immediately upon written notice if the District determines the breach cannot be corrected; or
By the District. The District will indemnify, defend and hold harmless Contractor and its owners, officers, directors, agents and employees from and against any claims, losses, liabilities and demands of every kind and nature whatsoever, including the costs of defending any such claims, liabilities and demands, including attorneys’ and accountants’ fees therefor (collectively, “Losses”), resulting from the District’s gross negligence, willful misconduct, fraud, or material breach of this Agreement; provided, however, that the District will not be required to indemnify or hold harmless Contractor to the extent of any Losses resulting from willful misconduct, gross negligence, fraud, or material breach of this Agreement by Contractor, or any of its owners, agents or employees. The foregoing indemnification agreement will be limited by and subject to the rights, defenses and limitations upon liability, if any, available to the District pursuant to Article 11, Section 1 of the Colorado Constitution or pursuant to the Colorado Governmental Immunity Act, CRS §00-00-000 et. seq, and nothing in this Section 10.1 will be construed to waive or limit any such rights or defenses.
By the District. The District covenants and agrees to indemnify and defend Xxxxxx, and to hold Lessee harmless, from and against any and all losses, claims, suits, damages, and expenses (including reasonable attorneys' fees) arising out of the condition of the Site, including, but not limited to, all costs required to be incurred by Lessee as a result of any condition described in Section 4.G. of this Site Lease, unless the condition is caused or created by Lessee, whether or not known to the District on the date of execution of this Site Lease, or unless such cost is contemplated to be paid by Lessee pursuant to the provisions of the Construction Services Agreement.
By the District. The District may terminate upon a four-fifths vote of the Board subject to Chief Capper’s rights under the Firefighters Procedural Xxxx of Rights Act or other applicable law. At Chief Capper’s option, the District shall be deemed to have constructively terminated him if it unilaterally reduces his base salary or any other material benefit provided for in this Agreement, unless the reduction is pursuant to a District-wide furlough or related action.
By the District. The committee shall function under the direction of the Administrator of High School Instruction Division of Instruction The District’s committee members will include the and Coordinator, Ethnic Studies, Humanities, and related Social Studies and will meet a minimum of two (2) six (6) three (3) times per year. The Ethnic Studies Committee shall have the following responsibilities:
By the District. The District represents and warrants to the Temple that (i) the District has fee simple title to the District Tract, subject only to the matters of record in the Real Property Records of Tarrant County, Texas, (ii) the person executing this Agreement on behalf of the District has been duly authorized to sign this Agreement by appropriate action, and (iii) no consent or approval of any third party is required for the execution and performance of this Agreement by the District.
By the District. Notwithstanding any other provision of this Agreement, the Renter's right to use the Rental Space is subject to the District's absolute right to use the Rental Space to meet the normal and emergency operations and business needs of the District. While the District will make every effort to avoid canceling an event scheduled by the Renter, the District has the absolute right, at any time to cancel Renter's use of the Rental Space. If possible, the District will attempt to reschedule Renter's use of the Rental Space to another date and time within the same month that is acceptable to the Renter. If no acceptable alternative date and time is available, the District will refund the Renter's Rent and security deposit payment for the scheduled use(s) cancelled.