FXRE definition
Examples of FXRE in a sentence
With regard to a default as described in Section 9.2(i) above, if the default involves the payment of any monies due to ThrillRides hereunder, the curative period shall be ten (10) business days after ThrillRides gives FXRE written notice of the default.
In the event of any termination by FXRE as a result of a Kitchen Termination Event, even though FXRE’s obligations to pay to ThrillRides the Reduced Construction Payments, ThrillRides shall not be required to perform any further duties, responsibilities or obligations hereunder after the effective date of such termination with respect to any SkyView which is not under binding agreement to be sold or leased or upon which construction had not commenced as of the effective date of termination.
ThrillRides agrees to provide FXRE periodic written reports of the progress of the work, any anticipated problems (resolved or unresolved), and any indication of delay in fixed or tentative schedules.
EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR GROSS NEGLIGENCE, AND EXCEPT FOR INDEMNITY CLAIMS ADDRESSED BELOW, IN NO EVENT, SHALL FXRE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF AMOUNTS PAID OR PAYABLE BY FXRE TO THRILLRIDES PURSUANT TO SECTION 4.1 ABOVE.
FXRE and ThrillRides each agree to take all actions and cooperate as is necessary to protect Kitchen’s and FXRE’s rights in the Deliverables as set forth herein and/or in the License Agreement, and further agrees to execute and cause all Providers or other Persons involved in the performance of Services hereunder to execute any documents that might be necessary to perfect and protect Kitchen’s ownership rights and FXRE’s exclusive license rights with respect thereto.
FXRE and ThrillRides each agree that neither it nor any of its Representatives or subcontractors will infringe any of FXRE’s, ThrillRides’ or Kitchen’s or their respective Affiliates’ or sublicensees’ intellectual property or other rights in said Confidential Information, and acknowledges that nothing herein shall be construed as expressly or impliedly granting a license or right to use said Confidential Information except for the specific purposes set forth herein or in the License Agreement.
Neither termination nor expiration of this Agreement nor waiver of any right to terminate under this Agreement shall impair or limit any rights or remedies that FXRE or ThrillRides may have at law or in equity.
ThrillRides will review the Construction Documentation and Quality Control Documentation and provide suggestions to FXRE within thirty (30) days of determining, based on ThrillRides’ ongoing provision of Services and experience with implementation and operation of SkyViews, that additions, deletions or other modifications should be made to the Construction Documentation and/or the Quality Control Documentation.
Risk of loss or damage to such components associated with any such purchase and shipment shall be borne solely by FXRE or the selected Provider, as mutually agreed between them.
With respect to the matters addressed in Section 9.3(ii), the ninety (90) day period described therein shall be the only curative period, and no notice of such default from FXRE shall be required.