California Lease Sample Clauses

California Lease. Smithway shall assume from Seller the lease of the property located in Stockton, California ("California Property"). Such lease is attached as Exhibit F. Smithway and Seller shall share equally the cost of a Phase I environmental site assessment of the California Property. Said Phase I Site Assessment shall be completed prior to Closing. If the results of the site assessment indicate that remediation is required or that additional assessment is required, Smithway may at its option (i) elect to sublease the California Property from Seller for the balance of the original lease term under the California lease, (ii) may simply proceed to take an assignment of said lease, or (iii) may elect not to proceed to Closing. In any event, Seller shall hold Smithway harmless from and against any liability arising from the presence of contamination at the California Property during the time that Seller has been in possession thereof. If additional assessments or remediation are needed for events on the California Property arising after Closing, Smithway shall bear the cost of such additional assessments or remediation.
Sample 1
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California Lease. Section 2.11 of the Main Agreement is deleted in its entirety and replaced with new Section 2.11, which shall read as follows:
Sample 1
California Lease. The parties have requested a Phase I environmental site assessment concerning the property leased by Seller in Stockton, California (the "California Property"). The parties have received a draft of the executive summary, but the entire report has not been delivered because of delays in receiving county records. The executive summary recommends that samples be taken in two locations and the parties have agreed to do so. It is anticipated that the results of the sampling process and county records search will be known on or about November 15. Seller hereby grants Smithway a license to use the California Property to the full extent Seller is able to use the California Property under the leased attached as Exhibit F to the Main Agreement (the "California Lease"). The license granted pursuant to this Section shall commence at Closing and extend until consummation of one of Smithway's options set forth below. With five (5) business days after the later of (a) delivery to Smithway of the final Phase I environmental site assessment and (b) delivery to Smithway of the results of the site sampling mentioned above, Smithway will select and consummate one of the following options: (a) take an assignment of the California Lease and all rights to payments from subtenants from Seller and agree to pay, perform, and discharge all obligations under the California Lease; or (b) decline to accept assignment of the California Lease and cease using the California Property, in which event, the license referred to above shall extend for another thirty (30) days. During the period of the license, Smithway shall reimburse Seller, on a prorated daily basis, for the difference between Seller's rent under the California Lease and the payments received from subtenants. The deferred decision on the California Property shall not affect the Closing of the other transactions under the Main Agreement.
Sample 1
California Lease. On the date hereof, Seller shall assign to Smithway, and Smithway shall accept from Seller, an assignment of the lease attached as Exhibit G to the Main Agreement (the "California Lease") and all rights to payments from subtenants, and Smithway shall agree to pay, perform, and discharge all obligations under the California Lease from and after the date hereof. Rent payable by Smithway under the California Lease shall be prorated from October 26, 1996, to November 1, 1996, resulting in a $967 payment by Smithway to Seller. For the additional soil samplings that were required in the Stockton Phase I Environmental Assessment, Seller and Smithway each shall pay half of the $1,226.50 fee assessed for the soil samplings. Smithway shall pay the entire amount due for the additional soil samplings and $613 will be deducted from the Escrowed Funds, as hereinafter defined, released to Seller.
Sample 1

Related to California Lease

  • California For residents of California, the Administrator of this Agreement is 4warranty Corporation 00000 Xxxxxxxx Xxxx Xxxx., Xxxx. 000, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxx 00000. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. For all products other than home appliances and home electronic products, if the Agreement is cancelled: (a) within sixty (60) days of receipt of this Agreement, You shall receive a full refund of the purchase price of this Agreement provided no service has been performed, or (b) after sixty (60) days, You will receive a pro rata refund, less the cost of any service received. Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 0-000-000-0000, or You may write to Department of Consumer Affairs, 0000 X. Xxxxxx Xxxxx, Xxxxx X, Xxxxxxxxxx, XX 00000, or You may visit their website at xxx.xxxx.xx.xxx. Informal dispute resolution is not available.

  • California Law This Agreement shall be subject to and construed in accordance with the laws of the State of California.

  • Oregon Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed.

  • Arizona In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (E) is removed. CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. Arbitration does not preclude the consumer’s right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (000) 000-0000. Exclusions listed in the Agreement apply once the Covered Product is owned by You.

  • California Residents A married applicant may apply for a separate Account. Applicants: 1) may, after credit approval, use the credit card Account up to its credit limit; 2) may be liable for amounts extended under the plan to any joint applicant. As required by law, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations.

  • California Civil Code § 1542 It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Products will develop or be discovered. Xxxxxxxx on behalf of himself only, on one hand, and Xxxxxx, on the other hand, acknowledge that this Agreement is expressly intended to cover and include all such claims up through the Effective Date, including all rights of action therefor. The Parties acknowledge that the claims released in §§ 5.1 and 5.2, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows:

  • California Civil Code Section 1542 Executive acknowledges that he has been advised to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any other statute or common law principles of similar effect.

  • Waiver of California Civil Code Section 1542 Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  • State of Texas Franchise Tax By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.

  • Colorado CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.

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