SUMMARY OF TERMS The following is a summary of the principal terms of the Lease. Any capitalized term set forth below shall, for the purposes of this Lease, have the meaning ascribed to it in this Section 1.
Summary of Rights As soon as practicable after the Record Time, the Company will mail a letter summarizing the terms of the Rights to each holder of record of Common Stock as of the Record Time, at such holder's address as shown by the records of the Company.
Descriptions and Summaries The statements included in the Registration Statement under the captions “Cash Distribution Policy,” “The Partnership Agreement” and “Investment in Targa Resources Partners LP by Employee Benefit Plans” and under the caption “Certain Relationships and Related Transactions, and Director Independence,” in the Partnership’s Annual Report on Form 10-K for the year ended December 31, 2012 (“2012 Annual Report”) insofar as they purport to constitute summaries of the terms of federal or Texas statutes, rules or regulations or the Delaware LP Act or the Delaware LLC Act, any legal and governmental proceedings or any contracts, constitute accurate summaries of the terms of such statutes, rules and regulations, legal and governmental proceedings and contracts in all material respects. The description of the federal statutes, rules and regulations set forth in the 2012 Annual Report under “Business—Regulation of Operations” and “Business—Environmental, Health and Safety Matters” constitute accurate summaries of the terms of such statutes, rules and regulations in all material respects.
Aircraft Description The Option Aircraft are described by Boeing Detail Specification D6-38808, Revision E, dated September 15, 1995, as amended and revised pursuant to the Agreement.
Project Description In two or three brief sentences, provide a concise description of your exhibition. Include the subject matter, type of objects to be included (paintings, sculpture, manuscripts, etc.), those responsible for organizing the exhibition, and catalogue author(s).
Investment Description Each Fund will invest and reinvest its assets in accordance with the investment objective(s), policies and limitations specified in the prospectus (the “Prospectus”) relating to such Fund filed with the Securities and Exchange Commission (the “SEC”) as part of the Fund’s Registration Statement on Form N-1A, as it may be periodically amended or supplemented and in accordance with exemptive orders and no-action letters issued to the Trust by the SEC and its staff.
SUMMARY OF BASIC LEASE INFORMATION TERMS OF LEASE DESCRIPTION
General Summary The Contractor shall be required to maintain all equipment in the Facility including, but not limited to the ventilating system, fire suppression, fire extinguishers, guard radio system, Traffic and Revenue Equipment, intercom system, Closed Circuit Television (CCTV), computers, guard tour verification hand held sensors and guard tour verification hand held stations, heat rise indicators, passenger elevators, roll down gates and all mechanical machinery, including replacement valve seats, valve bodies, door operating mechanism, car door hanger rollers, door saddle, pumps, and other required hydraulic elevator equipment, including cables, pulleys, tracks and other equipment for the cable elevator, ticket issuing machines, cash registers, fee indicators, toll equipment, and traffic counting apparatus. The Contractor shall maintain the 3M/Federal APD Auto Read-Fully Automated Traffic and Revenue System with Bar Code currently installed in the Facility. Contractor shall continue to maintain existing equipment and systems even if they are scheduled to be replaced. Failure to provide maintenance to any equipment or systems will result in the assessment of liquidated damages of $100.00/per day. All existing equipment and systems should be verified by each Bidder. At the commencement of this Contract, the Contractor shall re-key all appropriate locks in the Facility and provide NYCDOT with 2 sets of copies adequately identified for each lock that has been changed. Furthermore, the Contractor shall be required to maintain, at its own expense, all other equipment in the Facility, excluding equipment or systems designated for rehabilitation until such systems and equipment’s have been rehabilitated. Such maintenance shall include periodic testing, cleaning, lubrication, and preventive maintenance. Contractor shall maintain a record in the Facility of all such work. In addition, a written inventory of all furniture and all portable equipment owned by NYCDOT shall be taken on the effective date of this Contract, and signed by both parties. A similar inventory shall be taken at the expiration or termination of the Contract and signed by both parties. The Contractor is responsible for all structure, equipment and/or systems which may exist in spaces occupied or utilized in the performance of this Contract, including storage areas. The Contractor shall be responsible for the maintenance, care and custody of the Facility and all fixed and portable equipment and furniture and shall return same to NYCDOT in satisfactory condition when the contract expires or terminates. The Contractor agrees to maintain in good and safe condition required, electronic equipment, heating, and air conditioning equipment in the booths and in the manager office. The Contractor shall be responsible for the routine maintenance and cleaning of the Facility and shall inspect the Facility for dangerous conditions or defects, including but not limited to accumulations of grease or oil, broken glass, protruding objects, leaking gas tanks, broken or burned out lighting fixtures, litter, trip spots and hazards to tires. The Contractor shall immediately perform all necessary routine maintenance to remedy any such condition, defect, hazardous or public safety issue. Failure to provide immediate action to make condition safe can result in the assessment of $100.00/per day liquidated damages. When the Contractor does not provide satisfactory maintenance or service, the Contractor must pay to the City the value of such maintenance or service, when the value of such maintenance or service can be accurately determined. In the event that the value of said maintenance or service cannot be accurately determined, the Contractor shall be subject to the assessment of liquidated damages as noted below. The Contractor shall submit certified payrolls, sign in/out sheets, and proof of wage rate and/or supplemental benefits rate for any Work related to construction, reconstruction or maintenance of the Facility, including but not limited to, painting, concrete, brick, and plumbing. Subcontractor must submit Prevailing Wages Statement with Subcontractor Profile Form. Such documentation shall be submitted with the respective monthly invoices for the period of time the Work is carried out. Prevailing wages shall apply for this type of Work. The Contractor must obtain prior written approval from NYCDOT for any of its subcontractors to perform the Work. For further information, please refer to the Comptroller’s website, Labor Law, prevailing wage schedules, xxx.xxxxxxxxxxx.xxx.xxx.
SUMMARY As provided in the Fifth Amended and Restated Declaration of Trust and Trust Agreement of the Trust, as amended from time to time (the “Trust Agreement”) as currently in effect and described in the applicable Prospectus (defined below), units of fractional undivided beneficial interest in and ownership of each Fund (individually and collectively, the “Shares”) may be created or redeemed by the Managing Owner for an Authorized Participant in aggregations of two hundred thousand (200,000) Shares (each aggregation, a “Basket”). Baskets are offered only pursuant to the applicable registration statement of the Trust, with respect to all the Funds, excluding the DBA Fund and the DBS Fund, on Form S-3, with respect to the DBA Fund on Form S-3ASR, and with respect to the DBS Fund on Form S-1, as amended (Registration Nos.: 333-203008 et seq. with respect to all the Funds, excluding the DBA Fund and the DBS Fund; Registration Nos.: 333-185865 et seq. with respect to the DBA Fund only; Registration Nos.: 333-193222 et seq. with respect to the DBS Fund only), as currently effective and on file with the Securities and Exchange Commission (“SEC”) and as the same may be amended from time to time thereafter or any successor registration statement in respect of Shares of each Fund (each, a “Registration Statement,” collectively, the “Registration Statements”) together with the prospectuses of the Trust in the form filed with the SEC under Rule 424(b) under the Securities Act of 1933, as amended (the “1933 Act”), after the effectiveness of the Registration Statements (each, a “Prospectus,” collectively, the “Prospectuses”). Under the Trust Agreement, the Managing Owner is authorized to issue Baskets to, and redeem Baskets from, Authorized Participants, (i) through the Continuous Net Settlement (“CNS”) clearing processes of the National Securities Clearing Corporation (the “NSCC”) as such processes have been enhanced to effect purchases and redemptions of Creation Baskets and Redemption Baskets (the “CNS Clearing Process”), or (ii) if outside the CNS Clearing Process, only through the facilities of The Depository Trust Company (“DTC” or the “Depository”) (the “DTC Process”), or a successor depository, and only in exchange for cash. This Agreement sets forth the specific procedures by which an Authorized Participant may create or redeem Baskets. For the avoidance of doubt, the term “Prospectus” shall mean the Prospectus for the DBA Fund, the Prospectus for the DBS Fund or the Prospectus for all of the Funds, excluding the DBA Fund and the DBS Fund, as the context requires. Because new Shares for each Fund can be created and issued by the Trust on an ongoing basis, at any point during the life of each respective Fund, a “distribution,” as such term is used in the 1933 Act, may be occurring. The Authorized Participant is cautioned that some of its activities may result in its being deemed a participant in a distribution in a manner that would render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Authorized Participant should review the “Plan of Distribution” section of the applicable Prospectus and consult with its own counsel in connection with entering into this Agreement and submitting a Purchase Order Subscription Agreement (defined below). Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the Trust Agreement. To the extent there is a conflict between any provision of this Agreement and the provisions of the Trust Agreement, the provisions of the Trust Agreement shall control. To the extent there is a conflict between any provision of this Agreement and the provisions of the applicable Prospectus, the applicable Prospectus shall control. For the avoidance of doubt, any action which is an action being taken by the Managing Owner may be taken by a party whom the Managing Owner has duly authorized to take such action. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:
