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By By Sample Clauses

By By. Name: Name: Title: Title: Collateral Agent: LASALLE BANK NATIONAL ASSOCIATION By: By: -------------------------- ------------------------- Name: Name: Title: Title: Witnesses: -------------------------- ------------------------- Name: Name: ID: ID: EXHIBIT 1 LIST OF INTELLECTUAL PROPERTY
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By By. Its: ----------------------------
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By By. If a partnership all partners must sign. This bond approved by the Iowa Department of Natural Resources this day of By Director KNOW ALL MEN BY THESE PRESENTS: That a hereinafter Called the Principal (Corporation, Partnership or Individual) hereinafter called the Surety or Sureties, are held and firmly bond unto: hereinafter called the Owner, in the penal sum of Dollars ($ ), In the lawful money of the United States, for the payment of which a sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severely, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the Owner, dated the day of , 20
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By By. As Its Secretary As Its President Xxxxxxx X. Xxxxxx Attorney at Law Xxxx Xxxxxx Xxx 0000 Xxxx Xxxxxx, Xxxxxxx 00000-0000 Telephone (000) 000-0000 Facsimile (000) 000-0000 I, the undersigned, a Notary Public in and for said county and said state, do hereby certify that , whose name(s) as Chairman of THE AIRPORT AUTHORITY OF THE CITY OF GULF SHORES, a public corporation, is signed to the foregoing Agreement and who is known to me or otherwise produced valid identification, acknowledged before me on this day, that, after being informed of the contents of said instrument, he/she/they, as such official(s) and with full authority, executed the same voluntarily for and as the act of said corporate authority on the day the same bears date. Given under my hand and official seal on this day of ,
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By By. Its Its By By Its Its Executed at Executed at on on Address Address RULES AND REGULATIONS FOR STANDARD OFFICE LEASE Dated: _________________________________ By and Between ________________________________________________________________ GENERAL RULES
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By By. Title: Title: ------------------------ ------------------------ Date: Date: ------------------------- ------------------------- REMOTE ACCESS SERVICES ADDENDUM TO CUSTODIAN AGREEMENT ADDENDUM to that certain Custodian Contract dated as of December 7, 2004 (the "Custodian Agreement") between MTB GROUP OF FUNDS (the "Customer") and STATE STREET BANK AND TRUST COMPANY, including its subsidiaries and affiliates ("State Street") State Street has developed and utilizes proprietary accounting and other systems in conjunction with the custodian services which State Street provides to Customer. In this regard, State Street maintains certain information in databases under its control and ownership which it makes available to its customers (the "Remote Access Services"). The Services State Street agrees to provide the Customer, and its designated investment advisors, consultants or other third parties authorized by State Street ("Authorized Designees") with access to In~SightSM as described in Exhibit A or such other systems as may be offered from time to time (the "System") on a remote basis. Security Procedures The Customer agrees to comply, and to cause its Authorized Designees to comply, with remote access operating standards and procedures and with user identification or other password control requirements and other security procedures as may be issued from time to time by State Street for use of the System and access to the Remote Access Services. The Customer agrees to advise State Street immediately in the event that it learns or has reason to believe that any person to whom it has given access to the System or the Remote Access Services has violated or intends to violate the terms of this Agreement and Customer will cooperate with State Street in seeking injunctive or other equitable relief. Customer agrees to discontinue use of the System and Remote Access Services, if requested, for any security reasons cited by State Street.
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By By. Name: Name: Title: Address: ------------------------------------------ ------------------------------------------ ------------------------------------------ Telecopier Number: ------------------------ Social Security Number: ------------------- SCHEDULE I OPTION PERFORMANCE VESTING SCHEDULE (a) For each of the Company's fiscal years ending June 30 in the years 2002 through 2006, the portion of the total Option described in clause (B) of Section 3 of the Agreement shall vest and become exercisable if the Company achieves a return on equity ("ROE") for such year that equals or exceeds the following Base Targetx: Base Target 90% of Base Target 2002 1.11 1.00 2003 2.40 2.16 2004 3.50 3.15 2005 5.00 4.50 2006 6.50 5.85 If the Company achieves more than 90% but less than 100% of the Base Target ROE in any fiscal year, the Options available to vest in that year sxxxl vest in the ratio by which ROE achieved exceeds 90% of Base Target ROE for such fiscal year (i.x., for ROE of 90.5% of Base Target ROE, xxe-twentieth of the available Optixxx would vest; for ROE of 90%, six-tenths of the available Options would vest). For purposes hereof, ROE for any fiscal year shall be calculated by the following formula: [(5.25 x EBITDA) - D+C]/TE where D = the Company's Consolidated Indebtedness at fiscal year-end (or at time of sale of the Company) C = the Company's Excess Cash at fiscal year-end (or at time of sale of the Company) TE = total equity invested as of the Effective Time (including the net pre-tax value of any options rolled over as of the Effective Time) EBITDA = EBITDA for such fiscal year If TE is increased at any time after the Effective Time and during the Company's fiscal years ending on June 30 in the years 2002 through 2006, the Board, in good faith, shall adjust the Base Targets. The Options available for vesting shall vest, if the Targets are met, upon completion of the audit for the Company and its subsidiaries' consolidated financial statements for such fiscal year. (b) Notwithstanding the foregoing, if in the fiscal year ending June 30, 2006, (1) the percentage of Options available to vest that do vest exceeds (2) the cumulative percentage of Options available to vest in the fiscal years ending June 30 in the years 2002-2005 that did vest in those years, the vesting percentage achieved in fiscal year ending June 30, 2006 shall be carried back to the fiscal years ending June 30 in the years 2002-2005 and applied to the Options available to vest in those f...
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By By. If a partnership all partners must sign. This bond approved by the Iowa Department of Natural Resources this day of , 20 By Director PROJECT NO. 00-00-00-00 8/5/2009 PERFORMANCE BOND KLONDIKE DAM EMERGENCY REPAIR 00610-2 The following information must be contained in solicitation documents for construction contracts pursuant to 40 CFR Part 35.3145(d) and Section 129 of P.L. 100-590. The bidder/offerer must fully comply with the requirements, terms, and conditions of EPA's policy to award a fair share of subagreements to minority, women's, and small rural area businesses. The bidder/offeror commits itself to taking affirmative steps contained herein. Bidders/offerers will take affirmative steps prior to submission of bid/proposals.
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Related to By By

  • No Implied Waiver of Breach The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Execution of this Agreement In lieu of an original signature to this agreement, Landlord will accept a valid and legitimate electronic and/or facsimile signature of the Resident. In so doing, Resident hereby acknowledges his or her endorsement and acceptance of this agreement, and he or she waives any challenge to validity of this agreement based on Resident’s endorsement by electronic and/or facsimile signature. THE RESIDENT HEREBY EXPRESSLY AGREES TO THE USE OF ELECTRONIC SIGNATURES FOR THIS LEASE.

  • Application of this Agreement This Agreement applies to the Land and to the Development proposed in the Development Application, as may be modified.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • No Plan Created by this Agreement Executive, the Company and the Bank expressly declare and agree that this Agreement was negotiated among them and that no provision or provisions of this Agreement are intended to, or shall be deemed to, create any plan for purposes of the Employee Retirement Income Security Act or any other law or regulation, and each party expressly waives any right to assert the contrary. Any assertion in any judicial or administrative filing, hearing, or process that such a plan was so created by this Agreement shall be deemed a material breach of this Agreement by the party making such an assertion.

  • No Waiver of Breach The waiver by County of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement.

  • Remedies for Breaches of This Agreement Section 8.1 Survival of Representations and Warranties

  • No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.

  • Intentionally Left Blank The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan.

Most Referenced Clauses

Most Referenced Definitions