03A. Additional Obligations of Equity One-Delaware.
(a) In addition to the representations and warranties made by Equity One-Delaware in its capacity as a Seller, as described in Section 2.03 and set forth in Schedules IIA and IIIA, Equity One-Delaware hereby represents and warrants to the Depositor and the Trustee that all of the representations and warranties of the other Sellers described in Section 2.03 and set forth in Schedules IIB through IIF and IIIB through IIIF are true and accurate in all respects.
(b) Equity One-Delaware hereby covenants that it shall comply with the repurchase and substitution obligations described in Section 2.02 and 2.03 in the event that (i) a breach of any of the representations and warranties set forth in Schedules IIIB through IIIF occurs and (ii) the related Seller defaults on its repurchase and substitution obligations under Sections 2.02 and 2.03.
03A. The foregoing requirements for deposit in the applicable Loan Combination Custodial Account shall be exclusive. Notwithstanding the foregoing, actual payments from the related Mortgagor in respect of all Loan Combinations in the nature of Escrow Payments, Reserve Funds, assumption fees, assumption application fees, funds representing such Mortgagor's payment of costs and expenses associated with assumptions and defeasance, modification fees, extension fees, charges for beneficiary statements or demands, amounts collected for checks returned for insufficient funds and any similar fees not expressly referred to in the prior paragraph need not be deposited by the Master Servicer in the applicable Loan Combination Custodial Account. If the Master Servicer shall deposit into a Loan Combination Custodial Account any amount not required to be deposited therein, it may at any time withdraw such amount from such Loan Combination Custodial Account, any provision herein to the contrary notwithstanding. The Master Servicer shall promptly deliver to the Special Servicer, as additional special servicing compensation in accordance with Section 3.11(c), all assumption fees and assumption application fees (or the applicable portions thereof) and other transaction fees received by the Master Servicer with respect to all Loan Combinations, to which the Special Servicer is entitled pursuant to such section, upon receipt of a written statement of a Servicing Officer of the Special Servicer describing the item and amount (unless pursuant to this Agreement it is otherwise clear that the Special Servicer is entitled to such amounts, in which case a written statement is not required). Each Loan Combination Custodial Account shall be maintained as a segregated account, or a subaccount of another Custodial Account separate and apart from trust funds created for mortgage-backed securities of other series and the other accounts of the Master Servicer. Upon receipt of any of the amounts described in clauses (i) through (iv) and (viii) above with respect to a Loan Combination, the Special Servicer shall promptly, but in no event later than one Business Day after receipt, remit such amounts to the Master Servicer for deposit into the related Loan Combination Custodial Account in accordance with the second preceding paragraph, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item should not be deposited because of a restrictive endorsement ...
03A. All Collateral deposited or provided by each Clearing Member to the Clearing House shall be subject to this Rules, the Security Deed, the SFA (each as amended or supplemented from time to time) and any applicable laws. Each Clearing Member shall ensure that all Collateral deposited or provided to the Clearing House are deposited or provided only on the foregoing basis and shall also ensure that, prior to depositing or providing any Collateral to the Clearing House for the account or for the Contracts of any person, such person has been notified of and has accepted the foregoing.
03A. Amounts on Deposit in Project Loan Account after Completion of Draw Schedule. (a) If, on the date which is one hundred eighty (180) days following the final date for which a disbursement of Loan proceeds is scheduled to be made pursuant to Exhibit C hereto, any amounts remain on deposit in the Borrower’s Project Loan Account, the Borrower must provide to the Trust and the Department a certificate of an Authorized Officer of the Borrower (i) stating that the Borrower has not yet completed the Project, (ii) stating that the Borrower intends to complete the Project, (iii) setting forth the amount of remaining Loan Proceeds required to complete the Project, and (iv) providing a revised draw schedule, in a form similar to Exhibit C hereto and approved by the Department.
03A. The combined maternity and parental leave will not exceed fifty-two (52) weeks unless otherwise provided for by this Collective Agreement or by the Employment Standards Act.
03A. Buyer makes a good faith effort to complete its financing of this transaction by obtaining a firm commitment from its lender or lenders within sixty-six (66) days after the date this Agreement is executed. If Buyer does not obtain a firm commitment for financing satisfactory to Buyer or if this financing contingency is not waived and/or released by Buyer in writing prior to Closing, then all but $50,000.00 of Buyer's deposit as described in Section 2.02
(a) shall be promptly returned to Buyer and the parties shall each be released from further liability on this Agreement and Quantum shall be entitled to retain $50,000.00 of Buyer's deposit free and clear of any claim by Buyer.
03A. Releases. Petro Source Corporation shall have delivered the Releases required by Section 3.04 to Foreland, such Releases to be in form suitable for filing and, if appropriate, recordation with the appropriate governmental offices.
03A. To qualify for use of the sick leave pool, a member must be experiencing an illness or injury of a serious, protracted nature and one that is resulting in severe financial hardship. (A normal pregnancy is not classified as a catastrophic illness.) Certificated/Licensed Staff Member A comparable position is one with "like seniority, status, and pay" (ORC 5903.03) to the position previously held by the certificated/licensed staff member. Contact hours are the actual clock hours a class, workshop, etc., is in session, exclusive of time devoted solely to a meal. Whenever this word is used alone it refers to calendar days.
03A. An employee who becomes first time eligible for retirement during a contract year and retires during that contract year or at the end of that contract year will receive severance payment of one half (½) of their unused sick leave, not to exceed on hundred eighty (180) days.
03A. In addition to the amendments otherwise authorized herein, amendments may be made to this Agreement from time to time by the General Partner without notification to or Consent of the Limited Partners solely to cure any ambiguity, defect or inconsistency in this Agreement.
