Failure In the event the Company brings any action against Consultant for breach of this Agreement, Consultant’s entire liability to the Company shall not exceed the fees paid to Consultant hereunder. In no event shall Consultant be liable to the Company or any other party for any indirect, special or consequential damages, nor for any claim against the Company by any person or entity arising from or in any way related to this Agreement.
FAILURE TO CONTRIBUTE Pursuant to Section 00-00-000 of the Act, any contribution must be satisfied by the Member within sixty (60) days from the date of the call for capital. If a Member fails to make its required contributions to the Company, then the other Members may seek enforcement of the obligation to contribute capital. Any remedy under the Act may be pursued, including allowing the individual to become a Member without a transferable interest, provided there is unanimous consent from all Members who have satisfied their contribution obligations.
Obligation Developer shall indemnify, defend, and hold harmless the City Indemnitees from and against all Claims arising out of, relating to, or resulting from acts or omissions by Developer or Persons Connected with Developer arising out of, relating to, or resulting from Developer's obligations with respect to this Contract. Without limiting the preceding sentence, and as an additional obligation, it is agreed that Developer shall indemnify, defend, and hold harmless the City Indemnitees from and against all Claims made by its contractors, including subcontractors of all tiers, where the contractor was engaged by Developer to perform work pursuant to this Contract, except to the extent the Claim is the result of a negligent or wrongful act or omission by any of the City Indemnitees. In performing its duties under this Section, Developer shall defend City Indemnitees with legal counsel reasonably acceptable to City.
Material Breach A material breach for purposes of this Agreement shall include, but not be limited to:
Agreement to Continue in Force Both Parties shall adhere fully to the terms of this Agreement during the period of bona fide collective bargaining.
Failure to Pay The Borrower fails to make a payment under this Agreement when due.
Controlled Substances Has current controlled substances registrations issued by the State of Colorado and the U.S. Drug Enforcement Administration, which registrations have not been surrendered, suspended, revoked or restricted in any manner;