By the Owner. The Owner represents and warrants to Apple that all the following representations and warranties in this Article III are as of the date of this Agreement, and will be, as amended or supplemented pursuant to Section 6.08, on the date of the Closing and the IPO Closing Date, true and correct:
By the Owner. The Owner may terminate this contract, by issuing a written notice not less than thirty
By the Owner. The Owner by this Agreement does not agree to indemnify, hold harmless, exonerate or assume the defense of the XXXX contractor or any other person or entity whatsoever, for any purpose whatsoever.
By the Owner. The Owner, at its own expense, shall defend, indemnify and hold the Manager harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) (each, a “Claim”) incurred by or asserted against the Manager to the extent resulting or arising from the Manager’s performance of its obligations under this Agreement or from the Owner’s failure to comply with or perform its obligations under this Agreement, except for Claims which arise out of the Manager’s willful misconduct, or gross negligence, or failure to comply with or perform its obligations under this Agreement. Manager subordinates its claims under this Section 14.1 to all claims which have priority in payment pursuant to the provisions of Section 302 and Section 806 of the Indenture.
By the Owner. The Owner may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (g) of this clause.
By the Owner. The Owner shall indemnify, defend, save and hold harmless the Management Firm, its shareholders, officers, directors, employees, or agents from and against all demands, claims, actions, losses, damages, deficiencies, liabilities, costs and expenses (including, without limitation, attorney's fees, interest, penalties and all amounts paid in investigation, defense or settlement of any of the foregoing) asserted against or incurred by the Management Firm, its officers, directors, employees, or agents, in connection with, or arising out of, or resulting from (i) a breach by Owner of any of its material covenants, agreements, representations or warranties in this Agreement, or (ii) the negligent or willful acts or omissions of Owner, its employees or agents during the term of this Agreement. The provisions of this Section shall survive the expiration or sooner termination of this Agreement.
By the Owner. Subject to Section 11.1(3), the Owner may not assign this Agreement without the prior written consent of the Administrator, which consent may not be unreasonably withheld or delayed.
By the Owner. The Owner warrants, covenants, and agrees as follows:
By the Owner. The Owner shall not, whether by operation of law or otherwise, Transfer this Agreement, the Project or the Property (excluding any: (i) sale of the real estate to a real estate investment trust, leased fee arrangement, other sale and leaseback arrangement or other similar financing transaction, but subject to (a) receipt of any necessary Gaming Approvals and (b) City’s review and approval of transaction documentation for the limited purpose of ensuring that Owner remains liable for any and all Owner obligations and responsibilities under this Agreement, and (ii) any leases in the ordinary course of business to tenants for restaurants, shops and other third party venues), or the Development Agreement or the Management Agreement, without providing sixty (60) days advance notice to the City of the proposed Transfer, and such Transfer shall not be consummated without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. In the event of such approved Transfer, Owner (and in case of any subsequent transfers thereof, the then transferor), subject to such transferee accepting and assuming this Agreement and its terms and conditions and agreeing to be bound by the provisions hereof, automatically shall be relieved and released, from and after the date of such assignment or transfer, of all liability with regard to the performance of any covenants or obligations contained in this Agreement thereafter to be performed on the part of Owner (or such transferor, as the case may be), but not from liability incurred by Owner (or such transferor, as the case may be) on account of covenants or obligations to be performed by Owner (or such transferor, as the case may be) hereunder before the date of such assignment or transfer.
By the Owner. In the case of an unfurnished property, the owner must give notice at least six months before the end of the tenancy, specifying the reason (taking the property back for him- or herself or for a member of his or her family, selling the property or another substantive reason) and must comply with the applicable procedures. In the case of a furnished property, the owner may end the tenancy upon its expiry, subject to three months’ notice, specifying the reason for doing so. In both cases, the owner must inform the tenant of the notice by letter, specifying the reason for the termination and attaching any supporting documents. The letter must be delivered by registered post with acknowledgement of receipt, or by a bailiff or by hand against a receipt. The notice period begins on the date on which the letter is received or is delivered by the bailiff.
