Additional Access. In addition to the access described in paragraph (g) above, Patheon shall allow reasonable access to third parties (by way of illustration and not limitation, insurance agents or agents of Zogenix’ financiers) to the Facility as reasonably requested by Zogenix. However, it is understood and agreed that any such third parties must adhere and conform to all and any Patheon health, safety or quality requirements whilst at the Facility. Patheon reserves the right to either refuse entry to or remove from the Facility any individual breaching such requirements.
Additional Access. Any request by the DBFO Co (not being a request pursuant to Clause 6.5.3) that the Secretary of State exercise in respect of any land outside the Site and the Adjacent Areas any power of entry under any Law (to the extent that the exercise of such power of entry is necessary to enable the DBFO Co to perform its obligations under this Agreement) shall be dealt with in accordance with Clause 27 [Statutory Powers], and the DBFO Co shall bear all costs and charges in respect of and any Loss or Claims arising from such entry.
Additional Access. From and after the date of this Amendment, subject to Landlord’s approval in each instance, in Landlord’s reasonable discretion, acting in good faith, Tenant shall have the non-exclusive right to access and use the tunnel connecting the Grand Lounge and Rockefeller Center for ingress and egress from the Premises.
Additional Access. Without prejudice to the Concessionaire’s right to refer any matter to the Minister in accordance with section 7(1) of the Transportation Investment Act in the circumstances described therein and subject to Section 8.6 [Acquisition of Land by Concessionaire], the Concessionaire at its expense will obtain, and will bear all costs and charges in respect of and all Losses or Claims arising from, any access to and use of any land outside the Site and the Adjacent Areas required to enable the Concessionaire to perform its obligations under this Agreement additional to that required to be provided or caused to be provided by the Province pursuant to Section 8.1 [Access for Concessionaire over the Site and Adjacent Areas]. The Concessionaire will bear all costs, charges and expenses in respect of and all Losses or Claims arising from any action taken by the Minister as a result of any reference by the Concessionaire to the Minister pursuant to section 7(1) of the Transportation Investment Act. Prior to obtaining any access to or rights to use any land outside the Site and the Adjacent Areas pursuant to this Section, the Concessionaire will provide the Province with evidence satisfactory to the Province that the acquisition of such access or rights and the use of such land for the purpose of enabling the Concessionaire to perform its obligations under this Agreement will not require any amendment, cancellation or reconsideration of any Environmental Authorization, or trigger any assessment pursuant to Environmental Laws. If the Concessionaire requires access to or use of any land outside the Site and the Adjacent Areas in order to comply with or otherwise as a result of any Province Change, or by reason of the occurrence of any Compensation Event or Force Majeure event, then the costs and other consequences (including any consequences relating to any Environmental Authorizations or Environmental Laws) of obtaining such access or use of land outside the Site and the Adjacent Areas shall be taken into account in calculating any compensation or other payment, extension of time or other relief to be granted pursuant to the terms of this Agreement.
Additional Access. 8.4.1 Without prejudice to the Concessionaire’s right to refer any matter to the Minister in accordance with section 7(1) of the Transportation Investment Act in the circumstances described therein, and subject to Section 8.4.3 and Section 8.6 [Acquisition of Land by Concessionaire], the Concessionaire at its expense will obtain, and will bear all costs and charges in respect of and all Losses or Claims arising from, any access to and use of any land outside the Site and the Adjacent Areas required to enable the Concessionaire to perform its obligations under this Agreement additional to that required to be provided by the Province pursuant to Section 8.1 [Access for Concessionaire]. The Concessionaire will bear all costs, charges and expenses in respect of and all Losses or Claims arising from any action taken by the Minister as a result of any reference by the Concessionaire to the Minister pursuant to section 7(1) of the Transportation Investment Act. Prior to obtaining any access to or rights to use any land outside the Site and Adjacent Areas pursuant to this Section, the Concessionaire will provide the Province with evidence satisfactory to the Province that the acquisition of such access or rights and the use of such land for the purpose of enabling the Concessionaire to perform its obligations under this Agreement will not require an amendment to the Environmental Assessment Certificate or an application for a new certificate under any Environmental Laws.
8.4.2 The Concessionaire acknowledges that the Province has entered into the BC Rail Agreements to provide for access to and use of the BC Rail Lands necessary in connection with the Operations. The Concessionaire will observe and comply with and cause all of its agents, contractors and subcontractors of any tier and employees of any of them to observe and comply with the terms and conditions set out in the BC Rail Agreements, and the Concessionaire will not take or omit to take or permit to be taken or omitted any action that would breach any of the terms of or requirements contained in the BC Rail Agreements.
8.4.3 If and to the extent that the Concessionaire requires such access for the Olympic Requirements Works, the Province will use commercially reasonable efforts to provide the Concessionaire with access to each parcel of the Required BC Rail Lands, in accordance with and subject to the terms of the BC Rail Agreements, by no later than the date set out opposite the Required BC Rail Lands pa...
Additional Access. After registering and properly paying for our Platform, where required, we shall grant you access to the Platform and any associated BLUETOOTHKEY Services as permitted by us and in accordance with this Agreement. Where you download any portions of our Platform we grant you a non-exclusive, full revocable, non-transferable, and non-assignable license to download and use the Platform in accordance with this Agreement. You may only use the Platform for your own internal business purposes. All rights not explicitly granted are reserved for BLUETOOTHKEY. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
Additional Access. You acknowledge that We may be required by law, or regulation, to access, monitor, store or copy material sent by or to Members without further notice to You.
Additional Access. In addition to the rights of inspection under ----------------- Section 4.18, upon reasonable notice to Seller and to the extent permitted by applicable law and the relevant Lease or Loan Documents and Collateral, Seller shall provide Purchaser and its representatives with access to the Real Property and to any and all real properties securing Loans or New Loans made by Seller.
Additional Access. Any access required to the 30 metre construction strip other than along the construction strip itself shall be the subject of separate negotiations. [38] They note that on the second reading of the Petroleum Amendment Bill (the vehicle by which s 70A came to be introduced into the Act), the Minister of Mines stated that the intended middle line proclamation procedure “in no way overrides detailed arrangements at present being negotiated between the Ministry of Works and Development and Federated Farmers for the use of land for construction of the Maui Pipelines”.23 [39] They say that the MPA is consistent in all respects with their argument that the rights under ss 68 and 75 are subordinated to the former s 70A and may only be exercised outside the 12-metre strip if the subject of further agreement or a s 78 taking. Further, they submit that such result is consistent with the “intent of the Minister of Energy” and representations to the Select Committee on Commerce and Energy on the Petroleum Amendment Bill (No 2) 1980.24 23 (6 November 1974) 395 NZPD 5595. 24 The Petroleum Amendment Act (No 2) 1980 repealed s 70A (refer above, n 3). [40] By contrast, First Gas emphasises that the parties to the MPA were MDL and FF; the only reference to First Gas (by its former name NGC) is in cl A(1) where NGC is described as being “employed” by MDL; MDL is no longer in existence, having been struck off the register; First Gas never acquired MDL, simply its pipeline; and that there is no evidence that the Trustees, or their predecessors, were even members of FF at the time the MPA was executed. Accordingly, First Gas says that it is not bound by the MPA. We agree there is no contractual nexus. [41] First Gas further emphasises that, in the context of multiple subsequent amendments to the Act, there was ample opportunity for the MPA to have been given legislative imprimatur if that had been what was intended. The reality is that this did not occur. [42] Its primary argument is, however, that approximately six years after the MPA was entered into, the PECs were granted in favour of, inter alia, NGC. It submits that these superseded the MPA which, apart from a singular reference to repairs and maintenance in cl A(2), was firmly focused on the construction phase,25 its purpose being to provide a framework prior to the grant of easements which would in the interim define the parties’ rights. It says that “[t]o all intents and purposes, the MPA is therefore spent in respect of...
Additional Access. AirGate and iPCS may provide access to such ----------------- additional assets and agreements as a Beneficiary may reasonably request, upon the terms and conditions set forth herein or as are otherwise mutually agreed to by the Beneficiary and the party providing such access, as long as such additional access is at prices and on terms and conditions not less favorable to the party providing such access than could be obtained on an arm's-length basis from unrelated third parties.
