Effect of Covenants. Nothing in Sections 7 through 14 shall be construed to limit or otherwise adversely affect any rights, remedies or options that the Company would possess in the absence of the provisions of such Sections.
Effect of Covenants. Executive specifically acknowledges the receipt of adequate consideration for the covenants contained in Sections 11 and 12 and that the Company and the Bank are entitled to require Executive to comply with these Sections. These Sections will survive termination of this Agreement. Executive represents that if Executive’s employment is terminated, whether voluntarily or involuntarily, Executive has experience and capabilities sufficient to enable Executive to obtain employment in areas which do not violate this Agreement and that the Company’s or Bank’s enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood.
Effect of Covenants. The covenants in Sections 8.1 and 8.3 shall not be deemed to prohibit a merger, sale of all assets or other corporate reorganization if (i) the entity surviving or succeeding to the Corporation is bound by this Agreement with respect to its securities issued in exchange for or replacement of the Stock, or (ii) the consideration received in exchange for or replacement of the Stock is cash.
Effect of Covenants. Nothing in this Section 3 shall be construed to adversely affect the rights that the Company would possess in the absence of the provisions of such Section.
Effect of Covenants. You acknowledge that: (a) as a senior executive of Surety, you have and will have access to confidential information concerning the entire range of businesses in which Surety is and will be engaged; (b) that Surety’s businesses are conducted throughout the United States and Canada; and (c) that Surety’s confidential information, if disclosed or utilized without its authorization would irreparably harm Surety in: (i) obtaining renewals of existing customers; (ii) selling new business; (iii) maintaining and establishing existing and new relationships with employees, agents, brokers, vendors; and (iv) other ways arising out of the conduct of the businesses in which Surety is engaged. To protect such information and such existing and prospective relationships, and for other significant business reasons, you agree that it is reasonable and necessary that: (a) the scope of this Agreement be United States and Canada; (b) its breadth include the entire surety industry, except as otherwise provided in this Section 8; and (c) the duration of the restrictions upon you be as indicated therein. You acknowledge that Surety’s customer, employee and business relationships are long-standing, indeed, near permanent and therefore are of great value to Surety. You agree that neither any of the provisions in this Agreement nor Surety’s enforcement of it alters or will alter your ability to earn a livelihood for yourself and your family and further that both are reasonably necessary to protect Surety’s legitimate business and property interests and relationships, especially those which you were responsible for developing or maintaining.
Effect of Covenants. City is deemed a beneficiary of the terms and provisions of this Agreement and of the restrictions and covenants running with the land for and in its own right for the purposes of protecting the interests of the community in whose favor and for whose benefit the covenants running with the land have been provided. The covenants in favor of City shall run without regard to whether City has been, remains or is an owner of any land or interest therein in the City Parcels. City shall have the right, if any of the covenants set forth in this Agreement which are provided for its benefit are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it may be entitled. With the exception of the City, no other person or entity shall have any right to enforce the terms of this Agreement under a theory of third-party beneficiary or otherwise. The covenants running with the land and their duration are set forth in the CC&Rs or Grant Deed.
Effect of Covenants. The Authority hereby particularly covenants and agrees with the Trustee and with the SCPCFA and makes provisions which shall be a part of the contract with the SCPCFA, to the effect and with the purpose set forth in the following Sections of this Article IV. The provisions of this Article IV shall be effective from and after the time of the delivery by the Trustee of the Bonds authenticated and delivered under this 2015 Bond Resolution.
Effect of Covenants. (a) It is intended and agreed that the covenants and restrictions set forth in Sections 3.03(a) and 3.03(b) shall be covenants running with the land. All covenants in Section 3.03, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Subsequent Developer Agreement, shall be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the City and the Master Developer, and any successor in interest to the Project Site, or any part thereof, against the Entity.
Effect of Covenants. City is deemed a beneficiary of the terms and provisions of this Agreement and of the restrictions and covenants running with Operator's fee interest in the land as set forth in Article 200 and this Article 400 for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit the covenants running with the land have been provided. The covenants in favor of City shall run without regard to whether City has been, remains, or is an owner of any land or interest therein in the Property or in the Project. City shall have the right, if any of the covenants set forth in this Agreement which are provided for its benefit are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of such covenants may be entitled. (§ 500) DEFAULTS, REMEDIES, AND TERMINATION (§509) Defaults- General. Subject to the extensions of time set forth In Section 603,failure or delay by a Party to perform any tern or provision of this Agreement constitutes a default under this Agreement; provided, however, such Party shall not be deemed to be in default if (i) it WoWs classic cri+EDA 16 cures, corrects, or remedies such default within thirty (30) days after receipt of a notice from the other Party specifying such failure or delay, or (ii) for defaults that cannot reasonably be cured, corrected, or remedied within such time period, if such Party commences to cure, correct, or remedy such failure or delay within such time period after receipt of a notice from the other Party specifying such failure or delay, and diligently prosecutes such cure, correction, or remedy to completion. The injured Party shall give written notice of default to the Party in default, specifying the default complained of by the injured Party. Copies of any notice of default given to Operator shall also be given to any leasehold mortgagee requesting such notice. Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure, correction, or remedy of a default has expired. Except as otherwise expressly provided in this Agreement, any failure or delay by a Party in giving a notice of default or in asserting any of its rights and remedies as to any default shall not constitute a waiv...
Effect of Covenants. The covenants established in this Agreement and the Deed shall, without regard to technical classification and designation, be binding on and for the benefit of the Agency, DOSO, and DOSO's successors and assigns, and any successors in interest to the Property or any part thereof. After issuance of the Certificate of Completion pursuant to Section 3.13, all of the terms, covenants, agreements and conditions set forth in this Agreement will cease and terminate, except for those terms, covenants and use limitations that, by their terms, are expressly intended to survive after the Certificate of Completion is issued. Upon DOSO’s or a Mortgagee’s request, a release shall be executed by Owner and recorded at DOSO’s expense releasing the Property from the covenants of this Agreement that do not survive the Certificate of Completion.
