PROVISIONS OF THE ORIGINAL AGREEMENT Sample Clauses

PROVISIONS OF THE ORIGINAL AGREEMENT. The parties hereunto mutually agree that all provisions and requirements of the original Agreement, not specifically modified by this Supplemental Agreement, are hereby ratified and confirmed.
PROVISIONS OF THE ORIGINAL AGREEMENT. The parties hereunto mutually agree that all provisions and requirements of the original Agreement, not specifically modified by this Supplemental Agreement, are hereby ratified and confirmed. 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 TEL 000.000.0000 xxx.XxxxxxXXX.xxx February 14, 2022 Xxxxxxx Xxxxxxxx Subdivision Engineer City of Wichita – 7th Floor 000 X. Xxxx Xxxxxxx, XX 00000 Re: Supplemental agreement to Design Services request for Phase 2, Clear Ridge Addition due to expanded project size. Dear Xx. Xxxxxxxx, Please consider this request for a supplemental agreement for design services for Phase 2 Improvements to Clear Ridge Addition, Wichita, Kansas. As you may recall, originally the developer had petitioned for a 38 Lot Phase for this Addition for which the sanitary sewer project bidding failed due to costs. The bids on that project were rejected by the City of Wichita. To help make a more efficient phase over which improvement costs will be assessed, the developer chose to expand the Phase size to 67 Lots. This expanded the four projects associated with this Phase: sanitary sewer, storm water drain, water extensions, and paving. Petitions for this expanded phase were submitted in December of 2021 and letters of credit have been delivered and receipt confirmed by Xxxxx Xxxxxxx, as required by City policy. Our original design services agreement considered only providing plans for the original, smaller phase. Because of this, we are requesting that a supplemental agreement be written to add the additional design fee amounts for this new, expanded phase. Details of the original petition amounts, original design fees and the updated petition amounts and requested additional fees are presented below. WATER DISTRIBUTION SYSTEM (Project No. 000-0000-000000_E1060-47115221). Original Petition Original Design Fee Updated Petition Updated Design Fee Requested Supplemental Amount $164,000 $14,400 $272,000 $19,400 $5,000 Xx. Xxxxxxxx February 14, 2022 Page 2 of 2 SANITARY SEWER (Project No. 000-0000-000000_E1061-47264521). Original Petition Original Design Fee Updated Petition Updated Design Fee Requested Supplemental Amount $282,000 $23,700 $624,000 $47,900 $24,200 STORM WATER DRAIN NO. 425 (Project No. 000-0000-000000_E1062-47308921). Original Petition Original Design Fee Updated Petition Updated Design Fee Requested Supplemental Amount $485,000 $37,300 $774,000 $59,600 $22,300 CLEAR CREEK, WILLOW OAK, SPRING HOLLOW (Project No. 000-0000-000000_E1059-47468221). Or...

Related to PROVISIONS OF THE ORIGINAL AGREEMENT

  • of the Original Agreement Section 3.1(a) of the Original Agreement is hereby amended to read in its entirety as follows:

  • Amendments to the Original Agreement Subject to the terms and conditions of this Amendment, the Original Agreement is hereby amended and supplemented as follows:

  • Amendments of the Agreement This Agreement may be amended by a writing signed by both parties hereto, provided that no material amendment to this Agreement shall be effective until approved (i) by the vote of a majority of those Trustees of the Trust who are not interested persons of Xxxxx Xxxxx or the Trust cast in person at a meeting called for the purpose of voting on such approval, and (ii) if required by the Investment Company Act of 1940, by vote of a majority of the outstanding voting securities of the Fund.

  • Provisions of the Plan This option is subject to the provisions of the Plan, a copy of which is furnished to the Participant with this option.

  • Entire Agreement; Amendment; Severability This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto) constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and the Agent. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

  • Terms Defined in the Original Agreement Unless the context otherwise requires or unless otherwise expressly defined herein, the terms defined in the Original Agreement shall have the same meanings whenever used in this Amendment.

  • Entire Agreement; Amendment; Severability; Waiver This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto) constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and the Agent. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement. No implied waiver by a party shall arise in the absence of a waiver in writing signed by such party. No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.

  • Amendments to Original Agreement The Original Agreement is hereby amended as follows:

  • Entire Agreement, Waivers and Amendments This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to the AHIF Loan. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of the Parties.

  • Modification and Waivers; Obligations of the Company Absolute The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities. Certain limited amendments may be effected under the Indenture at any time by the Company and the Trustee without the consent of any Holders of the Securities. Certain other amendments affecting the Securities may only be effected under the Indenture with the consent of the Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding. The Indenture also contains provisions permitting the Holders of not less than a majority in principal amount of the Securities at the time Outstanding, on behalf of the Holders of all Outstanding Securities, to waive compliance by the Company with certain provisions of the Indenture affecting the Securities. Furthermore, provisions in the Indenture permit the Holders of not less than a majority in principal amount of the Outstanding Securities to waive on behalf of all of the Holders of all Outstanding Securities certain past defaults under the Indenture in respect of the Securities and their consequences. Any such consent or waiver by or on behalf of the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Security. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of (and premium, if any) and interest on this Security at the times, place and rate, and in the coin or currency, herein prescribed.