BY THE TOWN. As a material inducement to entering into this ESA, the Town hereby represents and warrants to Competitive Supplier as of the effective date of this ESA as follows:
BY THE TOWN. As a material inducement to entering into this Agreement, the Town hereby represents and warrants to Competitive Supplier as of the Effective Date of this Agreement as follows:
BY THE TOWN. Licensee shall provide the Town with a detailed written notice of any violation of this Agreement, and a 30 day period within which the Town may: demonstrate that a violation does not exist; cure the alleged violation; or if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan to correct such violation, subject to Licensee's written approval, which will not be unreasonably withheld. If the Town fails to disprove or correct the violation within 30 days the timeframe set forth in the corrective action plan, then Licensee may declare in writing that the Town is in default.
BY THE TOWN. If the Town defaults on any obligation under this Agreement for any reason, Triumph may seek damages, but Triumph shall not be entitled to enforce this Agreement through an action for specific performance.
BY THE TOWN. The Town hereby waives its immunity in favor of the Tribe for the limited purpose of enforcement of this Agreement, from unconsented suit, to permit arbitration of disputes as provided for herein and to permit the Massachusetts state courts to compel such arbitration and to enforce the terms of any award or order resulting from such arbitration.
BY THE TOWN. The Work to be performed under this Contract shall be administered on behalf of the Town by the Director, or his/her designated representative.
BY THE TOWN. If the Developer notifies Conn DOT and the Town by the date specified on the Schedule that it does not intend to build the Train Depot, then the Town shall build the Train Depot on a portion of the Commuter Waiting Area Land closest to the station platform, as provided in the CWA Land Lease. The Developer shall turn over to the Town any plans and specifications it has drawn up in accordance with Exhibit I at the time of giving its notice. The Town may use such plans and drawings to the extent useful in building the Train Depot and shall draw upon the Train Depot and Excess Remediation Expense Letter of Credit pursuant to Section 5.4, above, for the purpose of reimbursing itself for constructing the Train Depot. If the Town constructs the Train Depot, the Town will sell it to Conn DOT for $1.00, reserving only the right to use the 500 square foot public safety area for Town police and emergency services.
BY THE TOWN. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution.
BY THE TOWN. If the Town is in default, Buyer may elect to treat this Agreement as terminated, in which event the Deposit will be returned to Buyer. Buyer hereby absolutely and expressly waives and relinquishes any and all claims for damages of any kind or nature against the Town, including without limitation special or consequential damages. In addition, Buyer waives any right to specific performance. In no event, except as may be expressly provided by C.R.S. § 00-00-000, et seq., or C.R.
BY THE TOWN. The Town warrants, represents and covenants (all such warranties, representations and covenants being continuing) as follows:
