Buyer’s Compliance. This price quotation and/or sales order is made on the assumption that the Buyer has taken all necessary steps to ensure that the Product application is in full compliance with the Local and State Building and Licensing Codes and Regulations, and meet and complies with their regulations and laws; including by not limited to those relating to safety and protection of the public, access, escape in case of fire, ventilation, lighting, and other usability or functionality requirements. Xxxxx agrees to comply with all applicable Local and State Building and Licensing Codes and Regulations, including but not limited to those in which the Product installation is taking place. Krown Lab, Inc. is not responsible for any violations of building, zoning or other municipal or government codes, ordinances or regulations existing in the building(s) into which its Products are to be installed and used. Krown Lab, Inc. is not responsible for the site and application suitability of its Products. Buyer is responsible to secure engineering and architectural approval to ensure that the final Product installation and application is suitable, complies with all local, state and national laws, safety requirements, mechanical and thermal loading, applicable codes, aesthetics and functionality, framing or mounting systems, structural elements, compatible glazing or other material, tolerances and expansion, breakage or failure scenarios, appropriate safety and health practices, conformance requirements, and performance requirements (collectively, the “Design Requirements”). Drawings provided by Krown Lab, Inc. are drawings for Buyer’s use, engineering, and architectural approval, as may be required to ensure compliance with all Design Requirements. Krown Lab, Inc. is not responsible for Design Requirements or for any engineering or architectural calculations, all such being the responsibility of Buyer. All Krown Lab, Inc.’s Products are to be installed by qualified building professionals [experienced, competent tradesmen] with a comprehensive understanding of relevant material properties, and full building and site conditions. Krown Lab, Inc. is not responsible for decisions by aforementioned professionals, or anyone else involved in product installation, and therefore not responsible for installation or application suitability of its Products. Krown Lab, Inc. is further not responsible for the proper installation or performance of the door panel, or the specification or performance ...
Buyer’s Compliance. Buyer represents and warrants that Buyer and each person, government agency or entity owning an interest (directly or indirectly) in Buyer (i) is not identified on any List maintained by the Office of Foreign Asset Control, OFAC, or the United States Department of Commerce, Bureau of Industry and Security or any other U.S. agency, and
Buyer’s Compliance. Buyer will comply with all rules, regulations, statutes, and laws applicable to Buyer’s ownership or operation of the Interests or Property and with all Related Agreements, insofar as they concern or pertain to the Interests.
Buyer’s Compliance. Buyer shall have performed and satisfied all material covenants and material obligations of Buyer under this Agreement to the extent such covenants and obligations are to be performed or satisfied as of the Closing Date. The conditions set forth in this Section 6.2 are solely for the benefit of Seller and may be waived only by Seller. Seller shall at all times have the right to waive any condition. Any such waiver or waivers shall be in writing and shall be delivered to Buyer and Escrow Holder. If any of the conditions in this Section 6.2 is not satisfied or has not been so waived by Seller prior to the Closing Date, Seller shall deliver written notice to Buyer describing the condition that has not been satisfied or waived, and if such condition remains unsatisfied as of the Closing Date, then Seller shall have the right to terminate this Agreement and the Escrow by written notice to Buyer and Escrow Holder. If Seller terminates this Agreement in accordance with the foregoing, the Deposit shall be returned to Buyer or paid over to Seller, as required by the terms of this Agreement, all documents deposited into Escrow shall be returned to the party depositing such documents, and neither party shall have any further rights or obligations under this Agreement, except for those rights or obligations which expressly survive the termination of this Agreement; provided, however, if the failure of such condition also constitutes a default of Buyer under this Agreement, then the provisions of Section 10(a) shall apply, and the Deposit shall be paid to Seller as liquidated damages, rather than being returned to Buyer. Without limiting the foregoing, in the event of Buyer’s default, Seller’s termination of this Agreement pursuant to this Section 6.2 shall not constitute a waiver of Seller’s right to recover liquidated damages from Buyer pursuant to Section 10(a).
Buyer’s Compliance. Buyer shall have performed and complied in all material respects with all of the terms and conditions in this Agreement on its part to be performed or complied with at or before the Closing and shall have executed and delivered or caused to have been executed and delivered to Seller at the Closing all the documents contemplated in Section 5.3 or elsewhere in this Agreement.
Buyer’s Compliance. From and after the Closing, Buyer shall comply with (a) all Applicable Laws applicable to Buyer's ownership or operation of the Beta Unit, the Beta Tangible Assets and the Beta Interests and the Property, and with (b) all Related Agreements, in either case insofar as they concern or pertain to the Beta Interests.
Buyer’s Compliance. Buyer shall have performed, satisfied and ------------------ complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer.
Buyer’s Compliance. This price quotation and/or sales order is made on the assumption that the Buyer has taken all necessary steps to ensure that the work which this quotation and specifications refer to is acceptable to the Local and State Building and Licensing Codes and Regulations, and meet and complies with their regulations and laws; including by not limited to those relating to safety and protection of the public, access, escape in case of fire, ventilation, lighting, and other usability or functionality requirements. Xxxxx agrees to comply with all applicable Local and State Building and Licensing Codes and Regulations, including but not limited to those in which the build-out is taking place. Krown lab, Inc. is not responsible for any violations of building, zoning or other municipal or government codes, ordinances or regulations existing in the building(s) into which its Products are to be installed and used. All Krown lab, Inc.’s Products are to be installed by qualified building professionals [experienced, competent tradesmen] with a comprehensive understanding of relevant material properties, and full building and site conditions. Krown lab, Inc. is not responsible for decisions by aforementioned professionals, or anyone else involved in product installation, and therefore not responsible for installation or application of its Products. Krown lab, Inc. is further not responsible for the proper installation or performance of the door panel, or the specification or performance of any other surface, material, or product used in conjunction with Krown lab, Inc.’s Products as part of the Design Requirements. Furthermore, Krown lab, Inc. is not responsible for site conditions, including but not limited to, uneven floors or levels; walls being out of square or plumb; improperly supported headers or other structural element or substrate material involved in installation; inferior manufacturing or fabrication of any building material or product used in conjunction with its Products; for variations of size, design, or shape of existing or new drywall (or any other material); or by any other site-specific condition involving the application of its Products. Xxxxx agrees to defend, indemnify and hold harmless Krown Lab, Inc. against all costs, damages, penalties, expenses, and fees in any way associated with the installation, maintenance, or use of its Products unless specifically related to defects in material or workmanship. All tempered glass is subject to experience spon...
Buyer’s Compliance. Buyer shall have performed and complied with all agreements and conditions required to be performed by Buyer hereunder and shall have executed and delivered to Walker all documents required to be executed by Buyer hereuxxxx, including without limitation the Office Lease and the Retail Lease, unless Walker has waived the requirement for such leases.
Buyer’s Compliance. (a) In consideration of Mobil retaining liability for Closure of the Existing Gypsum Stacks, Buyer agrees to maintain the condition of the Existing Gypsum Stacks, including the process water within and on top of the Existing Gypsum Stacks, to Mobil standards as the same are set forth on Schedule 5.2(a) attached hereto (the “Mobil Standards”) and to allow Mobil and its agents reasonable access to the Pasadena Facility in accordance with the Agreement Regarding Security.
(b) Buyer may not modify the footprint or the operation of the Existing Gypsum Stacks unless such modification may be made in compliance with the requirements of applicable Law and permits and the Mobil Standards and provided Mobil gives its prior written consent and continues to have such rights of audit and inspection as described herein. Buyer shall be responsible for any additional costs of Closure resulting from any modifications to the footprint or operation of the Existing Gypsum Stacks, whether or not the modifications are in compliance with this Section.
(c) Buyer agrees to cooperate fully with Mobil in providing an appropriate site within the Real Property for a new water treatment plant, which will be constructed at Mobil’s cost. Mobil is responsible for identifying a site for the sludge resulting from water treatment, and Buyer agrees to assist Mobil in this regard but will not be under an obligation to provide a site.
(d) Buyer may dispose on, in, or under Existing Gypsum Stack 1 that material generated from normal maintenance and operation activities of the Pasadena Facility, as described in the Texas Natural Resource Conservation Commission Notice of Registration Industrial and Hazardous Waste, dated May 30, 1998 and set forth in Schedule 1.48. Buyer is prohibited from disposing on, in or under any of the Existing Gypsum Stacks any material generated from remediation or demolition activities. Only phosphogypsum byproduct and wastewaters generated from the phosphoric acid manufacturing process may be deposited on Existing Gypsum Stacks 2, 3 and 4. Buyer shall be responsible for any additional costs of Closure that may result from its failure to comply with this Section 5.2.
(e) Buyer agrees to allow Mobil to continue to store Mobil generated naturally occurring radioactive material which was generated by Mobil at the Pasadena Facility on or before the Closing Date (“Mobil’s NORM”) in the staging area located on Existing Gypsum Stack 1. Buyer agrees to maintain the proper storag...
