Intention. It is the intention of the parties and their affiliates that all disputes of any nature between them, whenever arising, whether in regard to this agreement or any other matter, from whatever cause, based on whatever law, rule or regulation, whether statutory or common law, and however characterized, be decided by arbitration as provided herein and that no party or affiliate be required to litigate in any other forum any disputes or other matters except for requests for injunctive or equitable relief. This agreement shall be interpreted in conformance with this stated intent of the parties and their affiliates.
Intention. The Pledgor intends to establish the Reserve Account, as described in Section 5.07 of the Sale and Servicing Agreement, and intends to pledge to and to grant “control” thereof (as such term is defined in the Uniform Commercial Code as in effect on the date hereof in New York (the “UCC”)) to the Indenture Trustee (as Secured Party) pursuant to the terms of this Agreement. It is the intention of the parties hereto that the Securities Intermediary be bound to the terms of this Agreement and be obligated to perform the duties of the Securities Intermediary described herein.
Intention. The intention of this Agreement is to set forth the responsibilities and obligations of the Minister to the Congregation and of the Congregation to the Minister as we strive to dwell together in peace, to seek truth in love, and to serve one another and the larger community. It is recognized that no matter how carefully this Agreement is written and observed, the relationship between the Congregation and the Minister must be grounded on both sides in open communication, mutual trust, good faith, and an open and agreed- upon process. In most situations, the Congregation will act through its Governing Board (referred to as the “Board”).
Intention. It is the intention of the parties that the foregoing restrictive covenant be enforced as written, and, in any other event, enforced to the greatest extent (but to no greater extent) in time, territory and degree of participation as permitted by applicable law. Accordingly, in the event that any court to which a dispute over these restrictions may be referred shall find any of these restrictions overly broad or unreasonable in any way, that court must enforce the restrictions to the greatest extent deemed reasonable.
Intention. The Dispute and Claims Resolution Process required herein are intended to provide a concise mechanism for resolving Disputes as they arise during the Project, while requiring accurate documentation related to contested issues as to those Disputes that are not contemporaneously resolved.
Intention. It is the intention of BCC, the Member and Lessee that (i) the Management Firm operate the Facility pursuant to the Management Agreement and that Lessee act as a passive investor with respect to the Facility, (ii) Lessee include on its financial statements all revenue and losses with respect to the Facility during the term of this Agreement for accounting purposes, and (iii) Advances made hereunder and all other obligations of Lessee and the Member under the Transaction Documents be secured by the Leasehold Mortgage, but subject to the rights of Lessor under the Lease, regardless of any bankruptcy, insolvency, receivership or similar proceedings instituted by or against Lessee. BCC, each Member and Lessee agree to take no position inconsistent with the intention of the parties as herein stated.
Intention. The Seller Parties have not entered into this Agreement or agreed to complete the Contemplated Transactions with the actual intent to hinder, delay, or defraud any creditor of the Seller Parties.
Intention. The special allocations in this Section 6.5 are intended to comply with certain requirements of the Treasury Regulations and will be interpreted consistently. It is the intent of the Members that any special allocation pursuant to this Section 6.5will be offset with other special allocations pursuant to this Section 6.5. Accordingly, special allocations of Fund income, gain, loss or deduction will be made in such manner so that, in the reasonable determination of the Manager, taking into account likely future allocations under this Section 6.5, after those allocations are made, each Member's Capital Account is, to the extent possible, equal to the Capital Account it would have been were this Section 6.5 not part of this Agreement.
Intention. Purchaser intends to integrate a Panther Drive System into a prototype vehicle (the "Prototype"), and as part of such efforts will endeavor to combine Panther Drive System with products from manufacturers, suppliers, and developers other than Enova. All efforts by Purchaser to combine the Panther Drive System with other products or otherwise integrate Panther Drive System into the Prototype are referred to herein as "Development Efforts." Without limiting the generality of the foregoing, Development Efforts shall include those development projects undertaken by Enova in direct response to a Development Effort.