ALLOCATION OF CERTAIN COSTS. (a) On the Closing Date, after the Closing, (i) the Buyers shall cause each Partnership to pay its share of the Transaction Costs, and (ii) the Sellers shall pay their share of the Transaction Costs, in each case, allocated in accordance with the percentages set forth on SCHEDULE 5.19.

ALLOCATION OF CERTAIN COSTS. (a) Except as otherwise provided in this Section 6.3 or elsewhere in this Lease, Landlord and Tenant shall each bear all costs and expenses of performing such party's repair, maintenance and replacement obligations under this Lease.

ALLOCATION OF CERTAIN COSTS. 25 8.9. Modification Payments by the Government ............................ 26 8.10. Corrosion Control .................................................. 26 8.11. Modifications ...................................................... 26 8.12. Possession ......................................................... 27 8.13. Reports ............................................................ 28 8.14.

ALLOCATION OF CERTAIN COSTS. As to any Airworthiness Directive or Service Bulletin requiring compliance during the Term, Lessee shall give notice thereof to Lessor, including the costs expected to be incurred and the maintenance company and shop proposed by Lessee to do the work, which maintenance company and shop and costs shall be subject to Lessor's prior written approval. The cost of compliance therewith shall be divided between Lessee and Lessor as set forth in this Section 8.8. The first $50,000 of cost of compliance with any single Airworthiness Directive or Service Bulletin shall be paid solely by Lessee. Any such cost of compliance with any single Airworthiness Directive or Service Bulletin in excess of $50,000 (the "Excess Amount") shall be allocated between Lessee and Lessor as follows: Lessee shall pay the portion of such Excess Amount as is equal to such Excess Amount times a fraction, the numerator of which fraction is the remaining number of months in the Term (going to the right of the decimal point for any fractional month) and the denominator of which fraction is 60, such computation being made as of the date of the Airworthiness Directive or Service Bulletin; and the remainder of such Excess Amount shall be paid by Lessor; provided, however, that Lessee's total expense for complying with any single Airworthiness Directive or Service Bulletin shall not exceed $150,000. In the event that the total expense to Lessee or Lessor of paying its obligations with respect to any single Airworthiness Directive or Service Bulletin shall exceed $150,000, such party shall have the option of terminating this Lease on the last day for compliance with such Airworthiness Directive of Service Bulletin by giving not less than 30 days written notice thereof to the non-terminating party; provided, however, that such non-terminating party shall have the right to negate such termination of this Lease by undertaking in writing to pay any such excess amount over $150,000.

ALLOCATION OF CERTAIN COSTS. The parties acknowledge that some shared labor, material, and equipment costs included in the General Conditions and General Requirements may benefit and apply to Landlord’s Work, Tenant Improvement Work and/or the Seismic Work. Landlord shall reasonably and equitably allocate such costs among the applicable scopes of work, subject to Tenant’s reasonable approval of such allocation.

ALLOCATION OF CERTAIN COSTS. In the event that an airline(s) serving the Airport on a scheduled basis, pursuant to proper authority, not presently a Signatory Airline, desires to enter into a Lease and Use Agreement substantially similar to this Agreement, and can be accommodated in the Terminal without any expansion thereof, then Authority agrees to charge such airline(s) fees and charges that are at least sufficient to pay its allocated portion of costs to construct the public areas of the Terminal including support systems designed for all airlines, and an allocated portion of the costs of any Unassigned Expansion Space assigned to such airline(s) for its exclusive use.

Related to ALLOCATION OF CERTAIN COSTS

Allocation of Certain Expenses Each Shareholder will, at the discretion of the Trustees, indemnify the Trust against all expenses and losses resulting from indebtedness incurred in connection with facilitating (i) requests pending receipt of the collected funds from investments sold on the date of such Shareholder’s redemption request; (ii) redemption requests from such Shareholder who has also notified the Trust of its intention to deposit funds in its accounts on the date of said redemption request; or (iii) the purchase of investments pending receipt of collected funds from such Shareholder who has notified the Trust of its intention to deposit funds in its accounts on the date of the purchase of the investments.
Notice of Certain Costs Notwithstanding anything in this Agreement to the contrary, to the extent any notice required by Section 2.10, 2.11, 3.5 or 5.4 is given by any Lender more than 180 days after such Lender has knowledge (or should have had knowledge) of the occurrence of the event giving rise to the additional cost, reduction in amounts, loss, tax or other additional amounts described in such Sections, such Lender shall not be entitled to compensation under Section 2.10, 2.11, 3.5 or 5.4, as the case may be, for any such amounts incurred or accruing prior to the 181st day prior to the giving of such notice to the Borrower.
Allocation of Certain Taxes (a) If the Surviving Corporation or the Company is permitted, but not required, under applicable foreign, state or local Tax laws to treat the Closing Date as the last day of a taxable period, such day shall be treated as the last day of a taxable period.
Assumption of Certain Liabilities (a) Upon the terms and subject to the conditions of this Agreement, Purchaser shall assume, effective as of the Closing, and from and after the Closing Purchaser shall pay, perform, and discharge when due, all the liabilities, obligations, and commitments of Seller arising from or related to the Acquired Assets to the extent such liabilities, obligations, and commitments relate to the period from and after the Closing (the “Assumed Liabilities”).
Payment of Certain Expenses The Bank covenants and agrees with each Agent that the Bank will pay or cause to be paid the following: (i) the fees, disbursements and expenses of the Bank’s counsel and accountants in connection with the registration of the Securities under the Act and all other expenses in connection with the preparation, printing and filing of the Registration Statement, the Program Prospectus, any Preliminary Prospectus, the Prospectus, any Pricing Supplements, any Issuer Free Writing Prospectus, any Time of Sale Information and all other amendments and supplements thereto and the mailing and delivering of copies thereof to such Agent; (ii) the cost of printing or producing this Agreement, any Terms Agreement, any Indenture, any blue sky memorandum, closing documents (including any compilations thereof) and any other documents in connection with the offering, purchase, sale and delivery of the Securities; (iii) all expenses in connection with the qualification of the Securities for offering and sale under state securities laws as provided in Section 5(b) hereof, including the fees and disbursements of counsel for the Agents in connection with such qualification and in connection with the Blue Sky Memorandum; (iv) any fees charged by securities rating services for rating the Securities; (v) any filing fees incident to, and the fees and disbursements of counsel for the Agents in connection with, any required review by the National Association of Securities Dealers, Inc. of the terms of the sale of the Securities; (vi) the cost of preparing the Securities; (vii) the fees and expenses of the Trustee and any agent of the Trustee and any transfer or paying agent of the Bank and the fees and disbursements of counsel for the Trustee or such agent in connection with the Indenture and the Securities; and (viii) all other costs and expenses incident to the performance of its obligations hereunder which are not otherwise specifically provided for in this Section. It is understood, however, that, except as provided in this Section, and Section 8 hereof, the Agents will pay all of their own costs and expenses, including the fees of their counsel, transfer taxes on resale of any of the Securities by them, and any advertising expenses connected with any offers they may make; provided, however, that the reasonable fees and disbursements of the Agents’ counsel for the establishment of this Series shall be paid by the Bank.
Indemnification of Certain Expenses The Company shall indemnify Indemnitee against all expenses incurred in connection with any hearing or proceeding under this Section 7 unless the Company prevails in such hearing or proceeding on the merits in all material respects.
Treatment of Certain Refunds If any party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.17 (including by the payment of additional amounts pursuant to this Section 2.17), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.17 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this paragraph (g) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this paragraph (g), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this paragraph (g) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This paragraph shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.
Exclusion of Certain Damages IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR SIMILAR DAMAGES IN EXCESS OF COMPENSATORY DAMAGES OF THE OTHER PARTY IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, AND EACH PARTY HEREBY WAIVES ON BEHALF OF ITSELF, EACH OTHER MEMBER OF ITS GROUP AND ITS AND THEIR REPRESENTATIVES ANY CLAIM FOR SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE; PROVIDED, HOWEVER, THAT THE FOREGOING EXCLUSION SHALL NOT APPLY IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) ANY BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS WITH RESPECT TO IP AGREEMENT INFORMATION, (B) ANY BREACH BY VAREX OR ANY MEMBER OF ITS GROUP OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT WITH RESPECT TO ACCELERATOR TECHNOLOGY, (C) ANY GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD OF OR BY A PARTY, OR (D) ANY CLAIMS FOR INDEMNIFICATION IN RESPECT OF THIRD-PARTY CLAIMS UNDER ARTICLE IX.
Termination of Certain Rights Any termination of this Lease pursuant to this Article 13 shall cause any right of the Lessee to extend the Term of this Lease, granted to the Lessee herein and any right of the Lessee to purchase the Leased Property contained in this Lease to be terminated and to be without further force or effect.
Construction of certain references In this Agreement where the context admits:

ALLOCATION OF CERTAIN COSTS Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to ALLOCATION OF CERTAIN COSTS