Abatement Conditions Sample Clauses

Abatement Conditions. 6.4.1 Notwithstanding anything to the contrary contained in this Lease, if Tenant is prevented from using all or a portion of the Premises, including the parking areas thereon, for its normal business operations, and Tenant does not, in fact, use all or a portion of the Premises for a period of three (3) consecutive business days or more or for seven (7) business days in a Calendar Year, (i) due to any service or utility, including HVAC, electricity or water (collectively, the "Essential Services"), not being provided to the Premises, or portion thereof, (ii) because of the presence, in a form or concentration in violation of applicable law then in effect, of Hazardous Materials regarded as unhealthful under applicable regulations then in effect in or about the Premises (which Hazardous Materials were not brought onto the Premises by Tenant or Tenant's employees, agents, or licensees), (iii) due to a "Service Interruption" (meaning an interruption in services as described in Section 6.2 above which is not otherwise covered by Article 11), or (iv) because Tenant does not have access to the Building, the Premises, or portion thereof, and such prevention from use is not caused by Tenant and/or its employees, licensees, contractors or agents, or if caused by Tenant and/or its employees, licensees, contractors or agents, such prevention from use is covered by insurance required to be carried by Landlord under the provisions of Article 10 of this Lease, the following Sections 6. 4.1.1 and 6. 4.1.2 shall apply (the conditions set forth in items (i) through (iv), above, to be known as an "Abatement Condition"). Notwithstanding the foregoing, this Section 6.4 shall not apply to the damage or destruction of the Premises or the parking area pursuant to Article 11, or to the condemnation of the Premises pursuant to Article 13. To the extent an Abatement Condition affects only a portion of the Premises, and such portion is a material portion of the Premises, and Tenant is not reasonably able to conduct its business from the remaining portion of the Premises, the Abatement Condition shall be deemed to affect the entire Premises. 6.4.1.1 Tenant shall promptly deliver to Landlord notice (the "Cure Notice") of such condition and if Landlord fails to cure such condition within two (2) business days after delivery to it of the Cure Notice, then Rent applicable to the affected portion of the Premises shall be abated from the date which occurred three (3) full business days pr...

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Abatement Conditions. Notwithstanding anything to the contrary contained in this Lease, if Tenant is prevented from using all or a portion of the Premises for its normal business operations, and Tenant does not, in fact, use all or such portion of the Premises, for a period of five (5) consecutive business days or more after written notice of such condition is delivered to Landlord, due to any service or utility not being provided to the Premises, or portion thereof, as required by the terms of this Lease or due to Tenant not having access to the Building, the Premises, or portion thereof, and where such prevention of Tenant's use of the Premises is caused by the negligence or willful misconduct of Landlord, its agent, contractors or employees, the following provisions of this Section 16.2 shall apply (the conditions set forth above to be known as "ABATEMENT CONDITIONS"). Notwithstanding the foregoing, this Section 16.2 shall not apply to the damage or destruction of the Premises pursuant to Section 18 below, or to the condemnation of the Premises pursuant to Section 19 below. To the extent an Abatement Condition affects only a portion of the Premises, and such portion is a material portion of the Premises, and Tenant is not reasonably able to conduct its business from the remaining portion of the Premises, the Abatement Condition shall be deemed to affect the entire Premises. Tenant shall promptly deliver to Landlord notice (the "CURE NOTICE") of such condition and if Landlord fails to cure such condition within five (5) business days after delivery to it of the Cure Notice, then the Rent applicable to the affected portion of the Premises shall be abated from the expiration of said five (5) day period until the date when such failure is cured; provided, however, that if Tenant has previously paid Rent to Landlord for a period of time subsequent to the commencement of Tenant's right to abatx Xxxt hereunder, then Landlord shall, within ten (10) business days following the date of such abatement, credit to Tenant an amount equivalent to such excess payments against the Monthly Rent next due under this Lease, or, if after the expiration or termination of this Lease, reimburse to Tenant the amount of such excess payments.

Abatement Conditions. On or about November 20, 2007 the Governing Body passed Resolution No. 2007-154 approving its Private Activity Conduit Financing and Tax Abatement Policy which is codified in the Governing Body Policies at Article GB05-B (the “Tax Abatement Policy”). On April 2, 2013, the City approved the Master Resolution of Intent wherein the City determined that the estimated investment of approximately $103,000,000 in the Master Project justifies an additional ten percent (10%) over the standard forty-five percent (45%) abatement for this Project, making it eligible for a fifty-five percent (55%) abatement, provided the Master Project developer or its affiliates, successors or assigns make the minimum capital investments in the Master Project in the time frame provided in subsection (a) below. a. To date, the Master Project developer, its successors or assigns have made a minimum capital investment in the Master Project through the issuance of Bonds, excluding Furniture, Fixtures & Equipment, of approximately $48 million on or before April 2, 2015 (the “Required Minimum Capital Investment”), thereby satisfying the minimum capital investment conditions set forth in the Master Resolution supporting a standard 55% abatement for this Project. b. In accordance with GB05-B-5.C.5 the abatement is subject to an annual review for the purpose of monitoring the Company and determining if the Company continues to remain in compliance with all established terms or conditions set forth in this Agreement. The application for annual review shall be filed on an annual basis with the City Clerk no later than January 15th of each year for the term of the exemption. The filing fee shall be $300 per year and is non-refundable.

Abatement Conditions a. Granting a tax abatement for a multi-family residential development is unusual for the City. The City Council finds tax abatement for this Project appropriate for several reasons, including but not limited to: (1) The Project is the second phase of a previously approved Phase One Project that is already under construction and nearing completion. The property tax abatement for this Project is consistent with the property tax abatement granted for the Phase One Project. (2) The Project is an infill development located in an area adjacent to a previously established Neighborhood Revitalization District (the “NRD”) and if this Project were located within the NRD it would have been eligible to receive a ten year 75% property tax rebate; (3) The Project is located in an development that was previously approved under a Master Resolution of Intent to receive a ten year tax abatement of up to 55% for commercial business park uses; and (4) The Project will be constructed in a high quality manner consistent with Class A multi-family development and the Phase One Project. b. This abatement is conditioned upon the following: (1) The Company owning the Property on or before August 16, 2017. (2) The Company obtaining a building permit and commencing construction on the Project on or before May 16, 2018 and thereafter diligently pursue such construction of all 103 multi-family units with high quality materials and design consistent with the Phase One Project and resulting in a minimum appraised value upon completion of at least $105,000 per unit. (3) The Company shall make a minimum capital investment in the Project through Bonds in the minimum amount of $10,815,000 within twenty- four (24) months after the City’s approval of the Resolution of Intent to issue Bonds. (4) The Project construction shall not be phased and the abatement will commence in the first calendar year after the Bonds are issued. (5) A Certificate of Survey (or other City approved document) reflecting the legal description of the Property shall be provided on or before the date the final plat for the Project is approved, at which time the legal description shall be included as Exhibit A to this Agreement.

Related to Abatement Conditions

Payment Conditions The price of the whole accommodation service booked is always payable by the Guest in advance, at the latest upon arrival in the hotel. Set-off by the Guest is excluded unless the set- off relates to an undisputed or legally confirmed claim. Valid means of payment are cash in Euros, EC card, Master Card, Visa Card, Diners Card and American Express. For payment settlement we use the 3D Secure 2.0 system for secure and additional customer authorisation. For further information on data processing for payment transactions see xxxxx://xxx.xxxxx-xxx.xxx/en/data-privacy/.
SUPERIOR CONDITIONS 21.01 All existing benefits, rights, privileges, practices, terms or conditions of employment which may be considered to be superior to those contained herein and which are set out in Appendix 4 are specifically retained by this Agreement unless otherwise agreed by the local parties. The parties agree to remove from Appendix 4 those superior conditions which no longer have application. Where the parties cannot agree on whether a superior condition continues to have application, the issue will be reduced to a grievance and referred to arbitration. 21.02 The Union and the Participating Hospitals agree to establish a committee consisting of two (2) representatives of the Union and two (2) representatives of the Participating Hospitals to review the superior conditions appendices in each of the participating hospitals. This committee will report to their respective negotiating committees prior to the next round of central negotiations.
Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.
Termination Conditions Such license shall not be terminated or its exploitation enjoined, until and unless: (i) Hitachi has committed a material breach of its obligations under this IP License Agreement, Opto-Device has given written notice of such breach to Hitachi and such breach remains uncured after the Cure Period, or, in the case of a breach, which cannot be cured within such Cure Period, Hitachi has not instituted within such Cure Period steps necessary to remedy the default and/or thereafter has not diligently pursued the same to completion; or (ii) such a material breach is incurable. In the event the breach is a curable breach that cannot be cured within the Cure Period but with respect to which Hitachi has instituted steps necessary to remedy the default and is thereafter diligently pursuing such cure, both parties shall negotiate to determine whether further pursuit of such cure is reasonable. If the parties cannot agree on a resolution in such negotiations, then this issue shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to decide whether such breach can be cured or any other alternative remedy should be adopted. In the event the breach is an incurable breach, the parties agree that the matter shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to determine the appropriate remedy. In the event that either party submits the dispute to arbitration, both parties shall cooperate in such binding arbitration in accordance with Exhibit B.
Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.
ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:
Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.
Specific Conditions If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.
Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.
Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.