POLB definition
Examples of POLB in a sentence
Each Party hereby irrevocably submits to the exclusive jurisdiction of any federal court of competent jurisdiction situated in the United States District Court for the Western District of Texas, San Antonio Division, or if such federal court declines to exercise or does not have jurisdiction, in the District Court of Bexar County, Texas; provided that this limitation shall not prevent a party from joining the other party in an action in another forum involving the POLB and/or the City.
This Agreement shall be governed by the laws of the State of Texas without giving effect to its conflict of laws principles; provided that any issues or claims arising out of the terms and conditions of Lease HD-2114, or rules and regulations of the POLB and the City will be governed by the laws of the State of California.
Any Subcontractor hired by Contractor shall be required to accept joint and several liability with Contractor for any Losses to ACTA, POLA, POLB, BNSF and/or UP to the extent such Losses result from any act or omission of such Subcontractor.
Notwithstanding anything to the contrary contained herein, this Agreement shall not be deemed or construed to make ACTA, Railroads, POLB or POLA, on one hand, and Contractor, on the other, partners or joint venturers, or to render one liable for any of the debts or obligations of the other unless expressly so provided in this Agreement.
Notwithstanding anything to the contrary contained herein, this Agreement shall not be deemed or construed to make ACTA, Railroads, POLB or POLA, on one hand, and any Subcontractor, on the other, partners or joint venturers, or to render one liable for any of the debts or obligations of the other unless expressly so provided in this Agreement.
Contractor or Subcontractor shall not cause, allow or permit the filing of any mortgage, deed of trust, judgment lien or any mechanic’s, materialman’s or other lien, charge or encumbrance against any or all or any portion of any property owned or controlled by ACTA, POLA, POLB, UP and/or BNSF or any improvements thereon provided ACTA first pays Contractor all amounts due for the performance of the work that is the subject of the lien or security interest.
Contractor’s and Subcontractors’ relationship to ACTA, Railroads, POLB or POLA in the performance of the Services is that of an independent contractor, and all of the terms and conditions of this Agreement shall be interpreted in light of that relationship.
Should Contractor elect to contest the taxes and assessments payable by Contractor under this Section 12.2, Contractor shall indemnify, defend and hold harmless ACTA, POLA, POLB, UP and BNSF and their respective officers, directors, employees, commissioners, agents, successors and assigns, from any and all matters arising therefrom, including any penalties or late charges relating to such taxes and assessments and all costs and expenses (including reasonable attorneys’ fees) arising out of such contest.
If the proposed Annual Maintenance Budget is not approved, then the parties disapproving the proposed Annual Maintenance Budget shall provide to the Contractor detailed reasons for such disapproval, whereupon Contractor within 15 days after its receipt of notice of such disapproval, shall deliver to ACTA, POLA, POLB, BNSF and UP a revised Annual Maintenance Budget which shall reflect the comments (if any) made to the original proposed Annual Maintenance Budget.
None of ACTA, POLA, POLB, BNSF or UP make any representation or warranty of any kind regarding the condition of the Maintenance Yard or the adequacy of the Maintenance Yard (or any property hereinafter designated as a Maintenance Yard) for Contractor’s purposes, and Contractor shall accept the Maintenance Yard in its “AS-IS, WHERE IS” condition, with all faults.