PROVIDED FURTHER. That this Contract may be terminated at any 183 time by mutual consent of the parties hereto. 184 (b) Upon complete payment of the Repayment Obligation by the Contractor, 185 and notwithstanding any Additional Capital Obligation that may later be established, the acreage 186 limitations, reporting, and Full Cost pricing provisions of the Reclamation Reform Act of 1982, 187 and subdivisions (g) Eligible Lands, (h) Excess Lands, and (k) Ineligible Lands of Article 1 of 188 this Contract shall no longer be applicable. 189 (c) Notwithstanding any provision of this Contract, the Contractor reserves 190 and shall have all rights and benefits under the Act of July 2, 1956 (70 Stat. 483), to the extent 191 allowed by law. 192 (d) Notwithstanding any provision of this Contract, the Contractor reserves 193 and shall have all rights and benefits under the Act of June 21, 1963 (77 Stat. 68), to the extent 194 allowed by law. 195 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR
PROVIDED FURTHER it is further understood and agreed that the Surety does hereby relieve the Board and its representatives from the exercise of any diligence whatever in securing the Principal’s compliance with the Contract, and the Surety hereby waives any notice to it of any default or delay by the Principal in the performance of the Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Principal in all matters pertaining to the Contract. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant or Dallas County, Texas. Surety will pay to the Board all costs, expenses, and attorney's fees incurred by the Board in enforcing this Bond, as well as all actual, direct, indirect and consequential damages incurred in connection with the Contract. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253, Public Work Performance and Payment Bond, Texas Government Code Title 10, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas or Tarrant County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
PROVIDED FURTHER. HOWEVER, that, after giving effect to the immediately preceding proviso, any exclusion of Registrable Securities shall be made pro rata with holders of other securities having the contractual right to include such securities in the Registration Statement other than holders of securities entitled to inclusion of their securities in such Registration Statement by reason of demand registration rights. No right to registration of Registrable Securities under this Section 2(b) shall be construed to limit any registration required under Section 2(a) hereof. If an offering in connection with which a Buyer is entitled to registration under this Section 2(b) is an underwritten offering, then such Buyer shall, unless otherwise agreed by the Company, offer and sell such Registrable Securities in an underwritten offering using the same underwriter or underwriters and, subject to the provisions of this Agreement, on the same terms and conditions as other shares of Common Stock included in such underwritten offering. Notwithstanding anything to the contrary set forth herein, the registration rights of the Buyer pursuant to this Section 2(b) shall only be available in the event the Company fails to timely file, obtain effectiveness or maintain effectiveness of any Registration Statement to be filed pursuant to Section 2(a) in accordance with the terms of this Agreement.
PROVIDED FURTHER the failure to deliver written notice to the Company within a reasonable time of the commencement of any such action shall not relieve the Company of any liability to the Indemnified Person under this Section 7, except to the extent that the Company is actually prejudiced in its ability to defend such action. The indemnification required by this Section 7 shall be made by periodic payments of the amount thereof during the course of the investigation or defense as such expense, loss, damage or liability is incurred and is due and payable.
PROVIDED FURTHER. (i) That the yearly rent shall be reviewed by the Landlords as at the 25th day of December 2003 which date is hereinafter called "the review date" and if upon any such review the Landlords consider that the open market value of the Premises has increased the yearly rent shall be increased to the open market value of the Premises from the review date and if the Landlords and the Tenant shall fail to agree the amount of the greater yearly rent within three months of the date of the Landlord's notification to the Tenant in writing of the Landlords proposals for the amount of the greater yearly rent the same shall be determined by an independent Surveyor to be appointed by agreement the matter or failing agreement shall be determined by an independent Surveyor to be nominated on the application of either party by the President of The Royal Institution of Chartered Surveyors for the time being the determination by the surveyor shall be as an expert and not as an arbitrator and such determination shall be final and binding upon the Landlord and the Tenant. The surveyor's costs in connection with such determination shall be borne in equal proportions by the Landlords and the Tenant
PROVIDED FURTHER the Revolving Loans outstanding hereunder and under the Non-Exim Agreement shall not at any time in the aggregate exceed $7,000,000. Bank may, from time to time, modify the above advance rate, in its good faith business judgment, upon notice to the Borrower, based on changes in collection experience with respect to Accounts or other issues or factors relating to the Accounts or other Collateral.