Duty to Enforce Sample Clauses

Duty to Enforce. Except as otherwise provided in Subsection 5.8(2) and Section 5.9, the Direct Servicer will enforce any Due-on-Transfer Provision as provided in the related Mortgage Documents, if (i) the Direct Servicer has knowledge that a Mortgaged Property, or an ownership interest in a Person that owns the Mortgaged Property, has been or is about to be transferred, (ii) the transfer would permit acceleration of the Mortgage Loan under the related Mortgage Documents, and (iii) the Direct Servicer reasonably believes that the related Mortgage Documents and applicable law and regulation permit such enforcement.
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Duty to Enforce. Plan Permittees shall undertake all necessary actions to enforce all applicable terms of the HCP, this Agreement and the Permit as to itself, and any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued over which Plan Permittees have committed to enforce the terms of the HCP, this Agreement and the Permit. Any substantial non-compliance by Plan Permittees, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a violation of the Permit by Plan Permittees. In addition, any failure by Plan Permittees to enforce the applicable provisions of the HCP, this Agreement or the Permit against itself, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a non-compliance by Plan Permittees with the HCP, this Agreement or the Permit and a violation of the Permit by Plan Permittees. USFWS shall take into account all efforts undertaken by Plan Permittees to enforce the terms of the HCP, this Agreement and the Permit as to itself, any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued and all actions taken by Plan Permittees to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the HCP.
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Duty to Enforce. The Permittees shall undertake all necessary action to enforce all applicable terms of the the Permits, the Yolo HCP/NCCP, and this Agreement as to itself and Third Party Participants over which Permittees have committed to enforce the terms of the Permits, the Yolo HCP/NCCP, and this Agreement. Any non-compliance by a Permittee or a Third Party Participant with applicable terms of the Permits, the Yolo HCP/NCCP, or this Agreement may be deemed by either wildlife agency a violation of the Permit by Permittee. In addition, any failure by Permittee to enforce the applicable provisions of the Permits, the Yolo HCP/NCCP, or this Agreement against itself, a Third Party Participant may be deemed by either wildlife agency a non-compliance by Permittee with the Permit, the `Yolo HCP/NCCP, or this Agreement and a violation of the Permit by Permittees. Wildlife agencies shall take into account all efforts undertaken by Permittees to enforce the terms of the Permits, the Yolo HCP/NCCP, and this Agreement as to itself, the Third Party Participant and all actions taken by Permittees to redress the effects of such non- compliance, particularly the enforcement efforts and redress actions specifically described in the Yolo HCP/NCCP.
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Duty to Enforce. THE CITY OF SAN DIEGO agrees to take appropriate actions to enforce the terms of the Take Authorizations, the Subarea Plan, and this Agreement as to itself and to all persons or entities subject to the requirements established by this Agreement, specifically including the land development permitting and approval requirements set forth in Section 10 of this Agreement. Furthermore, consistent with Section
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Duty to Enforce. Permittee agrees to take all necessary action to enforce all applicable terms of the TU MSHCP, this Agreement and the Permit as to itself and all holders of Certificates of Inclusion, Third Party Lessees and Third Persons over which Permittee has committed to enforce the terms of the TU MSHCP, this Agreement, and the Permit. Any non-compliance by Permittee, a holder of a Certificate of Inclusion, a Third Party Lessee, or a Third Person (except Third Persons undertaking hunting, which is not a Covered Activity) with applicable terms of the TU MSHCP, this Agreement, or the Permit may be deemed a violation of the Permit by Permittee. In addition, the failure by Permittee to enforce applicable terms of the TU MSHCP, this Agreement, or the Permit against itself, a holder of a Certificate of Inclusion, a Third Party Lessee, or a Third Person may be deemed non-compliance by Permittee with the TU MSHCP, this Agreement, or the Permit and a violation of the Permit by Permittee. In determining whether to suspend or revoke the Permit from Permittee for acts or omissions constituting non-compliance committed by Permittee, a holder of a Certificate of Inclusion, a Third Party Lessee, or a Third Person, USFWS shall take into account all efforts undertaken by Permittee to enforce the terms of the TU MSHCP, this Agreement, and the Permit as to itself, the holder of a Certificate of Inclusion, the Third Party Lessee, or the Third Person and all actions taken by Permittee to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the TU MSHCP.
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Duty to Enforce. The Permittees agree to take all necessary actions to enforce all applicable terms of the BRCP, this Agreement and the Permits as to themselves and all holders of Certificates of Inclusion over which the Permittees have committed to enforce the terms of the BRCP, this Agreement and the Permits. Any non-compliance by a Permittee or a holder of a Certificate of Inclusion with applicable terms of the BRCP, this Agreement or the Permits may be deemed a violation of the Permits by the Permittees. In addition, the failure by a Permittee to enforce applicable terms of the BRCP, this Agreement, or the Permits against itself, or a holder of a Certificate of Inclusion may be deemed non- compliance by Permittee with the BRCP, this Agreement or the Permits, and a violation of the Permits by the Permittee. In determining whether to suspend or revoke a Permit from Permittee for acts or omissions constituting non-compliance committed by a Permittee or a holder of a Certificate of Inclusion, the Wildlife Agencies shall take into account all efforts undertaken by the Permittee to enforce the terms of the BRCP, this Agreement and the Permits as to itself or a holder of a Certificate of Inclusion, and all actions taken by the Permittee(s) to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the BRCP.
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Related to Duty to Enforce

  • Failure to Enforce The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.

  • Failure to Enforce Not a Waiver The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

  • WAIVER NOT A LIMITATION TO ENFORCE 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan [Annexure C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees.

  • Suit to Enforce Rights Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification within 30 days after making a written demand in accordance with Section C.2 above or 50 days if the Company submits a request for advancement or reimbursement to the Reviewing Party under Section C.2(c) above, Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court of competent jurisdiction seeking a determination by the court or challenging any determination by the Reviewing Party or any aspect of this Agreement. Any determination by the Reviewing Party not challenged by Xxxxxxxxxx and any judgment entered by the court shall be binding on the Company and Indemnitee.

  • Duty to Notify All new employees will be given at the time of appointment a document detailing the requirements with regards to timely notification of gaining qualifications and timely notification of previous relevant service.

  • Interpretation and Enforcement 1. The Parties shall take all appropriate measures, whether general or specific, to ensure fulfilment of the obligations arising out of this Agreement and shall refrain from any measures which would jeopardise attainment of the objectives of this Agreement.

  • Duty to Inform State contractors and prospective state contractors are required to inform their principals of the above prohibitions, as applicable, and the possible penalties and other consequences of any violation thereof. Penalties for Violations Contributions or solicitations of contributions made in violation of the above prohibitions may result in the following civil and criminal penalties: Civil penalties-$2000 or twice the amount of the prohibited contribution, whichever is greater, against a principal or a contractor. Any state contractor or prospective state contractor which fails to make reasonable efforts to comply with the provisions requiring notice to its principals of these prohibitions and the possible consequences of their violations may also be subject to civil penalties of $2000 or twice the amount of the prohibited contributions made by their principals. Criminal penalties—Any knowing and willful violation of the prohibition is a Class D felony, which may subject the violator to imprisonment of not more than 5 years, or $5000 in fines, or both. Contract Consequences Contributions made or solicited in violation of the above prohibitions may result, in the case of a state contractor, in the contract being voided. Contributions made or solicited in violation of the above prohibitions, in the case of a prospective state contractor, shall result in the contract described in the state contract solicitation not being awarded to the prospective state contractor, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. The State will not award any other state contract to anyone found in violation of the above prohibitions for a period of one year after the election for which such contribution is made or solicited, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. Additional information and the entire text of P.A 07-1 may be found on the website of the State Elections Enforcement Commission, xxx.xx.xxx/xxxx. Click on the link to “State Contractor Contribution Ban.”

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

  • Remedies and Enforcement A. Executive acknowledges and agrees that the Company's remedy at law for a breach of any of the provisions of Section 7 herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by Executive of any of the provisions of Section 7, Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company.

  • Duty to Defend Contractor shall defend the County, its employees, officials, and agents, by attorneys and other professionals reasonably approved by them against any claims, suits, actions or proceedings related to the losses, liabilities, and indemnity set forth in §7(b)(i) and (ii) above. In no event shall any matter be settled without prior approval by the County.

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