Additional Obligations. The Company will use its best efforts to (a) register and qualify the Registrable Securities covered by a Registration Statement under such other securities or blue sky laws of such jurisdictions as each Investor who holds (or has the right to hold) Registrable Securities being offered reasonably requests, (b) prepare and file in those jurisdictions any amendments (including post-effective amendments) and supplements to such registrations and qualifications as may be necessary to maintain their effectiveness during the Registration Period, (c) take any other actions necessary to maintain such registrations and qualifications in effect at all times during the Registration Period, and (d) take any other actions reasonably necessary or advisable to qualify the Registrable Securities for sale in such jurisdictions. Notwithstanding the foregoing, the Company is not required, in connection such obligations, to (i) qualify to do business in any jurisdiction where it would not otherwise be required to qualify but for this Section 3.4, (ii) subject itself to general taxation in any such jurisdiction, (iii) file a general consent to service of process in any such jurisdiction, (iv) provide any undertakings that cause material expense or burden to the Company, or (v) make any change in its charter or bylaws, which in each case the Board of Directors of the Company determines to be contrary to the best interests of the Company and its stockholders.
Additional Obligations. It is expressly understood and agreed that (i) if any insurance required hereunder, or any part thereof, shall expire, be withdrawn, become void by breach of any condition thereof by Lessee, or become void or in jeopardy by reason of the failure or impairment of the capital of any insurer, Lessee shall immediately replace the insurance coverages required in this Section 6.03; (ii) the minimum limits of insurance coverage set forth in this Section 6.03 shall not limit the liability of Lessee for its acts or omissions as provided in this Lease; (iii) Lessee shall procure policies for all insurance for periods of not less than one year and shall provide to Lessor and any servicer or Lender of Lessor certificates of insurance or, upon Lessor’s request, duplicate originals of insurance policies evidencing that insurance satisfying the requirements of this Lease is in effect at all times; (iv) Lessee shall pay as they become due all premiums for the insurance required by this Section 6.03; and (v) in the event that Lessee fails to comply with any of the requirements set forth in this Section 6.03, within ten (10) days of the giving of written notice by Lessor to Lessee, (A) Lessor shall be entitled to procure such insurance; and (B) any sums expended by Lessor in procuring such insurance shall be Additional Rental, shall be repaid by Lessee, and, if such insurance is available from Lessee’s then-current insurance carrier but Lessee fails to provide the required insurance, the reimbursement due to Lessor shall bear interest thereon at the Default Rate from the time of payment by Lessor until fully paid by Lessee immediately upon written demand therefor by Lessor. Lessee shall maintain all insurance policies required in Section 6.03 and such policies shall not be cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Property and shall comply with all policy conditions and warranties at all times to avoid a forfeiture of all or a part of such insurance payment.
Additional Obligations. Measure 6a Is the school complying with all other obligations? Meets Standard: The school materially complies with all other legal, statutory, regulatory or contractual requirements contained in its charter contract that are not otherwise explicitly stated herein, including but not limited to requirements from the following sources: • Revisions to state charter law • Consent decrees • Intervention requirements by the Commission • Requirements by other entities to which the charter school is accountable (e.g., Hawaii Department of Education) EXHIBIT B.3 . ACADEMIC PERFORMANCE FRAMEWORK The Academic Performance Framework includes measures that allow the Commission to evaluate the school’s academic performance or outcomes and was developed in accordance to the Hawaii Charter Schools Act (2012 Haw. Sess. Laws Xxx 000, §00 at 41-43.). This section answers the evaluative question: Is the academic program a success? A charter school that meets the standards in this area is implementing its academic program effectively, and student learning— the central purpose of every school—is taking place. For each measure, a school receives one of four ratings: “Exceeds Standard,” “Meets Standard,” “Does Not Meet Standard,” or “Falls Far Below Standard.”
Additional Obligations. Measure 6a Is the school complying with all other obligations? Meets Standard: The school materially complies with all other legal, statutory, regulatory or contractual requirements contained in its charter contract that are not otherwise explicitly stated herein, including but not limited to requirements from the following sources: • Revisions to state charter law • Consent decrees • Intervention requirements by the Commission • Requirements by other entities to which the charter school is accountable (e.g., Hawaii Department of Education) Exhibit C Educational Service Provider (ESP) Requirements Educational Service Provider arrangements sometimes give a third party substantial responsibility for the operation of a charter school and control over the school’s finances. While the Commission is not responsible for monitoring that contractual relationship, it does have an obligation to ensure that the School's governing board retains its statutory responsibilities and that the School-service provider relationship will not inhibit the Commission from fulfilling its oversight responsibilities. The following requirements ensure that both the School's governing board and the Commission retain authority to fulfill their legal rights and responsibilities under the Contract and applicable law.
Additional Obligations. Without implication that the contrary would otherwise be true, Executive’s obligations under Section 7, Section 8 and Section 9 are in addition to, and not in limitation of, any obligations that Executive may have under applicable law (including any law regarding trade secrets, duty of loyalty, fiduciary duty, unfair competition, unjust enrichment, slander, libel, conversion, misappropriation and fraud).
Additional Obligations. It shall be Intermediary's obligation to make any required notification(s) to its Contractholders of the provisions of this Amendment and Intermediary agrees to do so. Intermediary also agrees to provide point of sale disclosure documents to its Contractholders consistent with applicable legal requirements as in effect from time to time.
Additional Obligations. DFS, without waiving or releasing any Obligation or Default, may perform any Obligations that Dealer fails or refuses to perform. All sums paid by DFS on account of the foregoing and any expenses, including reasonable attorneys' fees, will be a part of the Obligations, payable on demand and secured by the Collateral. 7.6 NO ORAL AGREEMENTS. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBTS ARE NOT ENFORCEABLE. TO PROTECT DEALER AND DFS FROM MISUNDERSTANDING OR DISAPPOINTMENT, ALL AGREEMENTS COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING AND THE OTHER AGREEMENTS, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR AS THE PARTIES MAY LATER AGREE IN WRITING TO MODIFY IT. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. DFS may, from time to time, announce in writing to Dealer its policies and procedures regarding its administration of this facility, including, without limitation, DFS' fees for the transfer of funds to or from Dealer, including Electronic Transfers; any subsequent use by Dealer of this facility following any such announcement shall constitute Dealer's acceptance of such revised policies and procedures. Time is of the essence regarding Dealer's performance of its obligations to DFS notwithstanding any course of dealing or custom on DFS' part to grant extensions of time. DFS will have the right to refrain from or postpone enforcement of this Agreement or any Other Agreements between DFS and Dealer without prejudice and the failure to strictly enforce these agreements will not be construed as having created a course of dealing between DFS and Dealer contrary to the specific terms of the agreements or as having modified, released or waived the same. The express terms of this Agreement will not be modified by any course of dealing, usage of trade, or custom of trade which may deviate from the terms hereof. 7.7
Additional Obligations. The Tenant must: keep food or waste food or the remains of meats in secure and hygienic containers or compartments so that no rats, pests or vermin are attracted to the Building or any adjoining premises; and take reasonable steps to prevent rats, pests or other vermin from entering into the drains within the Building or any adjoining premises. The Tenant must store all waste cooking oil in securely fastened and clearly labelled containers within the Premises and must arrange for it to be removed from the Premises on a regular basis. The Tenant must arrange for the collection of all litter (including food wrappings, remains of meals or other food and glasses, crockery and eating materials) left outside and in the vicinity of the Premises by customers of the business carried on at the Premises. [The Tenant must display at all times outside the Premises an up-to-date menu and price list in a form suitable for display outside a high class restaurant and keep the menu lit and in a position easily viewable by persons passing the Premises.] [The Tenant must not make substantial changes to the form of menu attached to this Lease without the consent of the Landlord and must keep the full range of items on that menu offered for sale at all times.] The Tenant must install grease traps of a size, quality and number that are appropriate to the Premises so that all wet refuse can be disposed of through the Conducting Media serving the Premises without grease and oil entering them. The Tenant must keep the Kitchen Extract Duct, the Kitchen Extract Fan and any grease traps in good and substantial repair and condition and properly maintained and cleaned and, where relevant, emptied using such specialist contractors charging reasonable commercial rates as the Landlord may from time to time specify. The Landlord may, at its option, carry out the maintenance, repair, cleaning and, where relevant, emptying of the Kitchen Extract Duct and the Kitchen Extract Fan and grease traps as is required by the Landlord or its insurers at the cost of the Tenant. The Tenant must pay the costs incurred by the Landlord in carrying out any periodic inspection of the Kitchen Extract Duct, the Kitchen Extract Fan and any grease traps installed pursuant to paragraph 2.5 that is required by the Landlord or its insurers. The Tenant must pay to the Landlord the increased costs (or, if those increased costs relate to the Premises and other Lettable Units used for catering purposes, a fair proportio...
Additional Obligations. During and after the term of this Agreement, Employee shall, upon reasonable notice from Employer, furnish Employer with such information as may be in Employee’s possession, and cooperate with Employer as may reasonably be requested by Employer, in connection with any legal or governmental proceedings in which Employer or any of its affiliates is or may become a party. The Company shall reimburse Employee for his reasonable expenses in fulfilling his obligations under this Section 23 promptly, but in no event later than the last day of the calendar year following the calendar year in which Employee incurs the expense.
Additional Obligations a. ESE shall not create or maintain data which are derivative of Confidential Customer Utility Information except for the purpose of performing its obligations under this Agreement, as authorized by the UBP or UBP DERS, or as expressly authorized by the customer, unless that use violates Federal, State, and local laws, tariffs, rules, and regulations. For purposes of this Agreement, the following shall not be considered Confidential Customer Utility Information or a derivative thereof: (i) any customer contracts, customer invoices, or any other documents created by ESE that reference estimated or actual measured customer usage information, which ESE needs to maintain for any tax, financial reporting or other legitimate business purposes consistent with the UBP or UBP DERS; and (ii) Data collected by ESE from customers through its website or other interactions based on those customers’ interest in receiving information from or otherwise engaging with ESE or its partners.
