02e. Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable.
02e. In the event Operator does not exercise such option, Owner agrees that it will use any such items not so purchased exclusively in connection with the Retirement Community until they are consumed.
02e. Landlord shall at all times in its preparation of the Building and Site Work Plans and Specifications, and any revisions thereto, act reasonably and in good faith. Tenant shall at all times in its review of the Building and Site Work Plans and Specifications, and any revisions thereto, act reasonably and in good faith.
02e. Manager shall be the named insured and Owner and Landlord shall be additional insureds on the policies described in Subsections 6.02A and 6.02C.
02e. Nothing contained in this Section 3.02E(iv) shall limit or restrict Landlord’s right to undertake any Tax Protest with respect to the Leased Premises. To the extent Landlord obtains any reduction in or refund of real estate taxes or assessments, Tenant shall pay to Landlord its Proportionate Share of Landlord’s costs of such Tax Protest as Additional Rent within thirty (30) days of Tenant’s receipt of Landlord’s invoice therefor, but Landlord shall not be entitled to reimbursement by Tenant for the costs of such Tax Protest in excess of any reduction and/or refund of such real estate taxes or assessments so obtained. In the event Tenant undertakes or files any Tax Protest in the name of Landlord, Tenant shall promptly provide Landlord written notice thereof, and Tenant shall indemnify Landlord and hold Landlord harmless against and from any and all costs, attorneys’ fees, expenses, liabilities or claims arising in connection with Tenant’s Tax Protest. Tenant shall give Landlord five (5) days advance written notice of any such use of Landlord’s name. Landlord agrees to provide to Tenant a copy of any tax assessment, tax xxxx, tax statement or other tax invoice within twenty (20) days of its receipt of the same.
02e above, the Trustee shall send to the Authorized Participant and the Custodian via fax or electronic mail message notice of such fact and the Authorized Participant shall have two (2) Business Days following receipt of such notice to correct such failure. If such failure is not cured within such two (2) Business Day period, the Trustee shall, unless the Sponsor shall otherwise direct, cancel such Purchase Order and will send via fax or electronic mail message notice of such cancellation to the Authorized Participant and the Custodian, and the Authorized Participant will be solely responsible for all damages, losses, costs and expenses incurred by the relevant Trust, the Sponsor, the Trustee or the Custodian related to the cancelled Order.
02e. (b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
02e. C. The provisions of this Section 4.04 shall survive Termination of this Agreement. END OF ARTICLE IV
02e. For purposes of this Annexation Agreement, the term “development” shall mean and include the construction of more than one detached single-family residential structure or any structure meeting the definition of “middle housing” on the Property. If Xxxxxxxx, its successors, or assigns submit construction improvement plans for the Property that propose to construct two or more residential dwellings on individual, platted lots of record, the sidewalk will be constructed concurrent with the dwelling on each lot.
02e. However, when subpoenaed by a party other than the Company, the employee will not be compensated if the employee, the Company, or the Union is a party in the case, or if the employee has any direct interest or financial interest in the case. Differential payment shall be made so long as such Jury Duty or Court appearance continues, only upon presentation of documentary proof of Jury Duty or Court appearance and the payment received therefor. Continuous service credit and duly established seniority privileges will accumulate during such leaves.
