CERTAIN ADDITIONAL OBLIGATIONS. Supply 11 OF THE CITY 25 3.2 Sufficiency and Competence of 10.1 Scheduled Items 25 Personnel 12 10.2 Other Information 25 3.3 Design ReviewError! Bookmark not defined. 10.3 Decisions in Writing 26 3.4 Standards and Requirements 12 10.4 Access to the Site 26 3.5 Consents 12
CERTAIN ADDITIONAL OBLIGATIONS. OF THE CITY 27
CERTAIN ADDITIONAL OBLIGATIONS. Any capitalized terms not defined in this Agreement and used in this Section 20.15 shall have the meaning ascribed to them in the [***].
(a) Subject to [***], Bayer acknowledges [***] as that interest appears.
(b) Bayer acknowledges [***]’s disclaimer of warranty in [***] and the limitation on [***]’s liability in [***].
(c) Bayer agrees not to make any statements, representations or warranties whatsoever to any person or entity, or accept any liabilities or responsibilities whatsoever from any person or entity that are inconsistent with the disclaimers or limitations in [***].
(d) Bayer shall also indemnify, defend and hold harmless [***].
(e) For purposes of [***], Bayer self-insures.
(f) Bayer agrees to refrain from using the name of [***] or any adaptation thereof in publicity or advertising without the [***]’s prior written approval.
(g) Nektar shall have the right to assign its rights, solely with respect to the license granted by [***] to Nektar under [***], to [***] in the event [***].
(h) Nektar agrees not to amend the [***] in any manner that would materially adversely affect the rights of Bayer under the [***].
(i) Nektar represents that the [***] has been achieved.
(j) Nektar agrees not to materially breach its obligations to [***].
CERTAIN ADDITIONAL OBLIGATIONS. Supply 12 OF THE CITY 27
CERTAIN ADDITIONAL OBLIGATIONS. During the Term, you will have access to and will receive a broad range of proprietary, confidential and competitively sensitive information concerning the business, finances and affairs of the Company and other members of the Company Group. You also may originate or participate in the development of trade secrets, inventions and other intellectual property of the Company and other members of the Company Group. Accordingly, during the Term and for such additional periods as may be set forth therein, you shall abide by the obligations set forth in Appendix A to this Agreement, each of which is hereby incorporated herein by this reference.
CERTAIN ADDITIONAL OBLIGATIONS. 8 Section 4. Payments................................................. 8
CERTAIN ADDITIONAL OBLIGATIONS. The Borrower will pay to the ------------------------------ Lender, within thirty (30) days after the Borrower's receipt from the Lender of a written request therefor, any and all federal income taxes computed at the highest marginal federal income tax rate applicable to a Specified Subsidiary on any gross income accrued by it with respect to the Loan for any period after February 1, 1998; provided, however, that (A) the Borrower will not be obligated -------- ------- to pay any such taxes if the Loan is paid in full on or prior to February 1, 1998; and (B) in no event (unless an Event of Default has occurred) will the Borrower be obligated to pay more than (i) $185,000 of any such taxes attributable to the interest income accrued by such Specified Subsidiary on the Loan for the period from and including February 2, 1998 to the one year anniversary of the date hereof or (ii) $72,000 of any such taxes attributable to the Facility Fee paid to such Specified Subsidiary on March 31, 1998, if applicable. The Lender agrees that, upon request by the Borrower, it will promptly provide to the Borrower a calculation of the amount of taxes for which it is to be indemnified by the Borrower hereunder.
CERTAIN ADDITIONAL OBLIGATIONS of the Lessee, the Owner Trustee, the Owner Participant and the Indenture Trustee. Each of Lessee, Owner Trustee, Owner Participant and Indenture Trustee hereby covenants and agrees for the benefit of each other that it will be bound by the terms of the other Operative Documents to which it or its applicable trustee is a party, and comply with and perform its agreements, covenants and indemnities set forth in the other Operative Documents (the provisions of which are hereby incorporated herein) to which it or its applicable trustee is a party, as amended, supplemented or otherwise modified from time to time as permitted hereby.
CERTAIN ADDITIONAL OBLIGATIONS. Additional Obligations of one or more series, or within a series, may from time to time be executed by the Company and delivered to the Trustee for authentication, and the same shall be authenticated and delivered by the Trustee upon Company Request, upon receipt by the Trustee of the documents and cash deposit, if any, specified in paragraphs A, B, C and D of Section 4.1 on or prior to the date of such authentication and delivery, for the purpose of refinancing or refunding indebtedness of the Company in respect of indebtedness issued by or for the benefit of the Company to refund, refinance or defease (legally or economically) the following pollution control bonds:
A. $92,130,000 in principal amount of Development Authority of Xxxxx County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Vogtle Project), Series 1992;
B. $2,290,000 in principal amount of Development Authority of Xxxxx County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Vogtle Project), Series 1982;
C. $19,345,000 in principal amount of Development Authority of Xxxxx County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Vogtle Project), Series 1993B;
D. $2,625,000 in principal amount of Development Authority of Xxxxx County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Vogtle Project), Series 1994B;
E. $3,760,000 in principal amount of Development Authority of Monroe County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Xxxxxxx Project), Series 1982; and
F. $9,910,000 in principal amount of Development Authority of Monroe County (Georgia) Pollution Control Revenue Bonds (Oglethorpe Power Corporation Xxxxxxx Project), Series 1992A. The aggregate principal amount of the Additional Obligations authorized pursuant to this Section shall not exceed $130,060,000.
CERTAIN ADDITIONAL OBLIGATIONS
