PRIOR. UNDERSTANDINGS This Agreement supersedes any and all prior discussions and agreements between or among the Seller, the Primary Servicer and the Master Servicer with respect to the Servicing of the Mortgage Loans and the A/B Mortgage Loans and the other matters contained herein. This Agreement, together with the Pooling and Servicing Agreement and each A/B Intercreditor Agreement, contain the sole and entire understanding between the parties hereto with respect to the transactions contemplated herein. Every effort shall be made to construe this Agreement, the Pooling and Servicing Agreement and each A/B Intercreditor Agreement consistently. If a conflict exists between such agreements, then the Pooling and Servicing Agreement and with respect to an A/B Mortgage Loan, the applicable A/B Intercreditor Agreement shall control. If this Agreement requires Primary Servicer to perform a task or duty, the details and obligations of which are (a) set forth in this Agreement and (b)(i) are not set forth in the Pooling and Servicing Agreement or with respect to an A/B Mortgage Loan, the applicable A/B Intercreditor Agreement, (ii) are set forth in the Pooling and Servicing Agreement and with respect to an A/B Mortgage Loan, the applicable A/B Intercreditor Agreement only in general terms, then Primary Servicer shall perform such task and duties in accordance with the details and obligations set forth in this Agreement. If this Agreement requires Primary Servicer to perform a task or duty, the details and obligations of which are not set forth in this Agreement but are contained in the Pooling and Servicing Agreement and with respect to an A/B Mortgage Loan, the applicable A/B Intercreditor Agreement, then the Primary Servicer shall perform such task and duties in accordance with the Pooling and Servicing Agreement.
PRIOR. Works All information and materials, including Software, provided to Denver Water by Con- sultant or otherwise used by Consultant in connection with the Services, that Consultant developed or acquired prior to or independently of this Agreement (the “Prior Works”) are and shall remain the prop- erty of Consultant or its licensors, which shall retain all Intellectual Property Rights therein. Prior Works shall also include derivative works created to the foregoing, even if the derivative works were created as part of the Services, to the extent such derivative works do not incorporate any Creations, Denver Water Confidential Information, and/or Denver Water Materials. The Consultant agrees that no Prior Works shall be incorporated into the Creations and/or used in performing Services and/or providing Deliverables un- less the Consultant obtains Denver Water’s prior written consent to the use of the Prior Works, and unless the Consultant grants a nonexclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license (with rights to sublicense through multiple tiers of sublicensees) to make, have made, modify, create derivative works of, copy, publicly display, use, sell, and distribute such Prior Works as incorporated in the Services and/or Deliverables. Consultant shall disclose all Prior Works incorporated in the Creations in writing to Denver Water. Consultant further agrees that it shall not use or incorporate any Third Party works, Third Party inventions, or open-source software in the Deliverables without prior disclosure to Denver Water, without provision of a valid license providing Denver Water with all rights necessary to use such as used or incorporated in the Deliverables, and without written approval from Denver Water.
PRIOR. The registered office and registered agent may be changed from time to time pursuant to the Georgia Act and the applicable rules promulgated thereunder.
PRIOR. If a party requests written confirmation of an e-mail within a reasonable time, the other party must provide an original signed paper version of the communication as soon as possible. The parties agree that any communication made by email has full legal effect and is admissible as evidence in judicial proceedings.
PRIOR. 1 TO 6 1 TO 6 1 TO 6 IRR = 9.1629% IRR = 7.5712% IRR = 8.6858%
PRIOR to January 1st and July 31st of each year, the Association, if there is a change in the cost of membership, shall provide advance written notice to the Board and any non- member of such increase. Upon written request, any information necessary to compute or validate the fair share fee for services enumerated above and will be forwarded to the Board or employee requesting same.
PRIOR. Each Stockholder who is an individual and Mr. Prior hereby represents and warrants to each other party as follows:
