OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) failure of any condition precedent herein shall discharge XXXXX from all further obligation under this Warranty, and the disclaimer herein of any other warranties, conditions and representations shall survive; and (4) by accepting or asserting any rights hereunder, OWNER irrevocably agrees to indemnify and hold harmless XXXXX, its affiliates, successors, assigns, directors, officers, employees and agents (each an “Indemnified Party”) from and against all claims, expenses (including attorney’s fees and expenses), losses, liabilities and damages in any way related to or arising from matters described in the section of this Warranty entitled “What This Warranty Does Not Cover,” and all amounts paid in defense of the foregoing which may be imposed upon, incurred by or asserted against an Indemnified Party by any person, firm or entity. Except as otherwise expressly provided above, this Warranty shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law rules. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY, IF OUTSIDE OF THE UNITED STATES. XXXXX COMPANY LLC By:
OWNER’s Agreement. Borrower shall cause to be executed in favor of Bank and delivered to Bank a Owner's Agreement from each owner of property(ies) set forth on Exhibit B.
OWNER’s Agreement a. An Owners Agreement is available to any Member of a Wesleyan Church or those denominations of like faith and beliefs. This agreement represents unity of purpose, prayer support and a desire to advance God’s kingdom through the ministries of Fairmount Camp.
OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
OWNER’s Agreement. Simultaneously with the Divestiture, the respective owners of the Exhibit B Hotels, Wyndham, IHC II, LLC and Marriott shall enter into Owner Agreements in the form attached as Exhibit H hereto, and shall use reasonable best efforts to provide written consents from all entities (other than Patriot) which own or have any mortgage interest in the Exhibit B Hotels to provide non-disturbance assurances as set forth in the Submanagement Agreement with respect to such hotels.
OWNER’s Agreement. Simultaneously with the execution of this Agreement, Owner shall obtain from the Fee Owner and Landlord under the TRS Lease Agreement and deliver to Manager, a duly executed “Owner’s Agreement” in favor of Manager, substantially in the form attached hereto as Exhibit C.
OWNER’s Agreement. It is acknowledged and agreed that Owners substantially own and control Seller and derive material monetary benefit from said legal entity. As an inducement to Purchaser to buy the Contracts Owners hereby unconditionally, irrevocably and absolutely guarantee performance of the Seller's obligations representations, warranties and covenants hereunder. INSERT TO CONTINUING PURCHASE AND SALE AGREEMENT - ARTICLE 4 DELINQUENCIES; REPLACEMENT OF CONTRACTS
OWNER’s Agreement. The Joint Venturers shall enter into an owners' agreement in connection with the formation, ownership and management of TrusteeCo (the "Owners' Agreement") which will contain provisions customary for such agreements, including providing:
OWNER’s Agreement. The IFA Entities and the MG Entities shall have agreed upon a form of amendment and restatement of the Owners Agreement, which shall be in form and substance satisfactory to the IFA Entities and the MG Entities, and the parties to the Owners Agreement shall have executed such amended and restated Owners Agreement to be held in escrow pending Closing.
OWNER’s Agreement. The Owners Agreement shall have been executed and delivered to IWL on or prior to the date hereof.
