COC shall perform all Required Services and Drilling Services in accordance with the Operating Budget and related Resource Management Plan (except for Emergencies under Section 2.3). Should COC determine during the course of the year that it cannot in good faith perform the Required Services and Drilling Services within the Operating Budget, COC shall immediately notify CPD. COC shall prepare a revised Operating Budget, together with any necessary supplementary materials, setting forth in reasonable detail the reasons for the inability of COC to perform the services contemplated hereunder within the Operating Budget and the reasons for omission from such Operating Budget of expenses, the incurrence of which COC considers necessary and submit them to CPD within fifteen (15) days after determining the need for the revised Operating Budget. The proposed revised Operating Budget shall be subject to approval in the manner described in Section 3.1.
COC may terminate its performance under this Agreement upon six months' written notice to CED. CED may terminate COC's performance under this Agreement upon six months' written notice to COC. Should such termination occur, COC shall be paid for its services to the date of termination in accordance with Article 4 (including any costs payable under Section 10.3) less any out-of-pocket costs incurred by CED in obtaining a replacement operator to perform the services contemplated by this Agreement.
COC. (iii) Deviation Summary Report for each lot and photocopies of major deviation reports/investigations associated with the lot.
COC. Notwithstanding any other provision of this Agreement to the contrary, if, at the time of Executive’s separation from service (as defined in Section 409A), Executive is a “Specified Employee”, then the Company will defer the payment or commencement of any nonqualified deferred compensation subject to Section 409A payable upon separation from service (without any reduction in such payments or benefits ultimately paid or provided to Executive) until the date that is six months following separation from service or, if earlier, the earliest other date as is permitted under Section 409A (and any amounts that otherwise would have been paid during this deferral period will be paid in a lump sum on the day after the expiration of the six-month period or such shorter period, if applicable). Executive will be a “Specified Employee” for purposes of this Agreement if, on the date of Executive’s separation from service, Executive is an individual who is, under the method of determination adopted by the Company designated as, or within the category of executives deemed to be, a “Specified Employee” within the meaning and in accordance with Treasury Regulation Section 1.409A-1(i). The Company shall determine in its sole discretion all matters relating to who is a “Specified Employee” and the application of and effects of the change in such determination. Notwithstanding anything in this Agreement or elsewhere to the contrary, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits that constitute “non-qualified deferred compensation” within the meaning of Section 409A upon or following a termination of Executive’s employment unless such termination is also a “separation from service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment” or like terms shall mean “separation from service” and the date of such separation from service shall be the date of termination for purposes of any such payment or benefits. To the extent required to avoid an accelerated or additional tax under Section 409A, amounts reimbursable to Executive under this Agreement shall be paid to Executive on or before the last day of the year following the year in which the expense was incurred and the amount of expenses eligible for reimbursement (and in-kind benefits provided to Executive) during ...
COC voluntary. Executive agrees that this Release Agreement does not apply to any rights or claims that may arise under the ADEA after the date Executive executes this Release Agreement. Executive acknowledges that the consideration given for this Release Agreement is in addition to anything of value to which Executive was already entitled. Executive acknowledges that Executive has been advised to consult with legal counsel and that Executive is familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in Executive’s favor at the time of executing the release, which, if known by Executive, must have materially affected Executive’s settlement with the Releasee. Executive, being aware of said principle, agrees to expressly waive any rights Executive may have to that effect, as well as under any other statute or common law principles of similar effect.
COC for itself and for its assigns and successors, hereby knowingly and voluntarily agrees to defend, hold harmless, and indemnify GMA, its subsidiaries and affiliates, and Xxx, and each of their respective agents, managers, members, owners, officers, directors, successors, assigns, and attorneys from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown, (including, but not limited to, all direct special, incidental, exemplary and consequential damages, attorneys' fees and losses of any kind) based upon, resulting from, and/or that relate in any way to (a) CirTran's operations with respect to the COC Products prior to the date hereof, or (b) any breach by CirTran of any representations, warranties or covenants contained herein.
COC. CORPORATE OVERLOOK CAMPUS, LLC, a Delaware limited liability company By: Lake D.G.R. Associates I, LLC, an Illinois limited liability company, a member By: Lake D.G.R. Associates, an Illinois general partnership, Member By: Name: Dxxxxx X. Xxxxx Its: Partner By: L.L.L. Partnership, LLC, an Illinois limited liability company, a member By: Name: Cxxxxxx X. Xxxxxxxx Title: Member By: The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, a member By: Northwestern Investment Management Company, LLC, a Delaware limited liability company, its wholly-owned affiliate and authorized representative By: Its Managing Director LLL: L.L.L. PARTNERSHIP, LLC, an Illinois limited liability company By: Name: Cxxxxxx X. Xxxxxxxx Its: Member DGR: LAKE D.G.R. ASSOCIATES I, LLC, an Illinois limited liability company By: Lake D.G.R. Associates, an Illinois general partnership, Member By: Name: Dxxxxx X. Xxxxx Its: Partner EXHIBIT I ACCEPTANCE NOTICE , 2005 Attention: Dear : This is to advise you that after inspecting the Property commonly known as One Overlook Point located in Lincolnshire, Illinois, all as further described in the Real Estate Purchase Agreement dated , 2005, (the “Agreement”), between as Seller, and Corporate Overlook Campus, LLC, a Delaware limited liability company, as Buyer, Buyer waives its right under Section 6.4 of the Agreement to terminate the Agreement and will proceed to Closing, subject to the satisfaction of the other conditions to Closing set forth in the Agreement. CORPORATE OVERLOOK CAMPUS, LLC, a Delaware limited liability company By: The Northwestern Mutual Life Insurance Company, a Wisconsin corporation By: Northwestern Investment Management Company, LLC, a Delaware limited liability company, its wholly-owned affiliate and authorized representative By: Name: Its: Managing Director By: L.L.L. Partnership, LLC, an Illinois limited liability company By: Name: Title: By: Lake D.G.R. Associates I, LLC, an Illinois limited liability company By: Lake D.G.R. Associates, an Illinois general partnership, Member By: Name: Dxxxxx X. Xxxxx Its: Partner cc: First American Title Insurance Company EXHIBIT J Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys as adopted by American Land Title Association American Congress on Surveying & Mapping National Society of Professional Surveyors 1999 MINIMUM STANDARD DETAIL REQUIREMENTS for ALTA/ACSM LAND TITLE SURVEYS as adopted by American Land Title Association American Congress o...
COC. All the Shipments from the Sellers must accompany by COC. The mandatory information is this COC are (i) Manufacturer Part Number / Revision #
