After Xx. Xxxxx transfers Debt 1 to FEEL and MIE uses part of Debt 1(b) to offset Debt 3 with FEEL:
After Xx. Xxxxx has executed the Agreement please fax and or mail the signed agreement to me. The facsimile number here is (000) 000-0000. The mail can be sent to the letterhead address. Should you need to speak with me directly please call (913) 551- 5003. Thank you for your assistance in this matter. Sincerely, Xxxxx X. Xxxx Assistant Regional Counsel 30323626 Superfund AGREEMENT TO ALLOW ACCESS TO PROPERTY TO CONDUCT INVESTIGATION AND REMOVAL ACTIVITIES RIGHT OF ENTRY TO PREMISES I, Xxxxxxxx Xxxxxxx Xxxxx, as executor of the estate of D.C. Xxxxxxx XX, President of D.C. Franche and Company, and otherwise having the authority to allow access and entry to property described below, knowingly consent and authorize the United States Environmental Protection Agency, (EPA), and/or its authorized representatives, contractors, or agents, to enter the property located at 000 Xxxxxxx, Xxxxxxxxx, Xxxx,.for the purpose of conducting an environmental investigation and removal activities at the property. PROPERTY DESCRIPTION The common address of the property is 000 Xxxxxxx, Xxxxxxxxx, Xxxx. The legal description of the property is; attached via the two deeds for the property currently held in the name of D.C. Franche and Company. The first deed was record January 2, 1946. The second deed for a parcel behind the first, was recorded August 15, 1969. They are attached to this Agreement as Exhibits 1 and 2.
After Xx. Xxxxxxx signs this Agreement, he will have seven (7) days to revoke it if he changes his mind. If Xx. Xxxxxxx wants to revoke the Agreement, he should hand deliver or mail a written revocation to Xxxxxx Xxxxxxxxx (or her designee), at 000 Xxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxx 00000, within seven (7) days after he signs the Agreement. If Xx. Xxxxxxx timely revokes the Agreement pursuant to this paragraph the City will reopen negotiations on arbitrator Xxxxxx Xxxxxx’x award. This Agreement shall not become effective and enforceable until the seven (7) day revocation period described in this paragraph has expired with no revocation by Xx. Xxxxxxx.
After Xx. Xxxxx is retained, her office (Xxxxx Psychology Collective) will send you monthly invoices, which are expected to be paid within 30 days of receipt. In the event that an invoice is not paid within 30 days, Xxxxx Psychology Collective reserves the right to add an interest charge of 10% compounded monthly, to all overdue amounts. You will be responsible for all charges incurred. The business relationship is with the law firm retaining Xx. Xxxxx, not the client the law firm represents, or the insurance company retained by the law firm.
After Xx. Xxxxx’x death:
After Xx. Xxxxx’x death, references to “Members” in Sections 2.5.3, 2.5.4, 2.5.6, 2.5.7, 3.1, 3.4, 4.6, 7.3, 8.1.4, 9.2.1, 10.1, 10.2, 10.5, 10.6.1, and 10.7 shall mean only the Class I Members.
After Xx. Xxxxx’x death, the Class I Members may, from time to time, appoint such Person or Persons to serve as “Manager” under this Operating Agreement. The Manager shall have such powers to manage the business and affairs of the Company, to exercise all such powers of the Company and all such other lawful acts on behalf of the Company as set forth below, except as the Class I Members may otherwise specify from time to time. Notwithstanding the foregoing, the Members shall personally retain such rights, powers and responsibilities as are personal to them (including the rights and powers granted to the Members under Sections 5.11, 10.5.1, and 11.2) or as is otherwise required by law.
After Xx. Xxxxx’x death, no Class III Member may Transfer any of its Units to a Transferee other than a Transferee who then holds not less than ten percent (10%) of the total outstanding Units of the Company (regardless of class) and who then has been a Member of the Company for at least one year prior to the Transfer. However, any Transfer made at or by reason of the death of Xx. Xxxxx of Class III Units that are included in his gross estate for federal estate tax purposes shall not be subject to the restrictions of this Section 8.1.2.
After Xx. Xxxxx’x death, upon the death, expulsion, bankruptcy or dissolution of any Class I Member or the occurrence of any other event that terminates the continued membership of the Class I Member in the Company, unless the business of the Company is continued by the consent of all remaining Class I Members within 90 days following the occurrence of any such event;
After Xx. Xxxxx’x death, all checks, drafts or other orders for the payment of money, and, subject to Section 6.3, all notes or other evidences of indebtedness, issued in the name of the Company shall be signed by any Class I Member, the Manager or any other Person specified by the Class I Members by form of bank resolution or authorized by other action of the Class I Members.
