COMMON AREA CHARGES DEFINED Sample Clauses

COMMON AREA CHARGES DEFINED. Common Areas shall be defined as including, without limitation, any of the following that may be part of the Shopping Center or related to the Shopping Center maintenance obligations: parking areas, stairwells, pedestrian ways, hallways,sump pump room, utility rooms, driveways, service courts, building surfaces, access and interior roads, private roads, detention ponds and drainage facilities and other areas or facilities to be maintained by Landlord regardless of whether said ponds and/or facilities are located within the Shopping Center or outside the Shopping Center, fire protection systems for Common Areas, truckways, ramps, loading docks, delivery areas, sidewalks, walkways, walls, curbs, lighting standards, bike racks, fountains, statues and artwork, planters, seating areas, bus stops, bus shelters, traffic and directional signs, open and enclosed courts and malls, landscaped and park areas, landscaping and maintenance of adjacent land, rights of way and/or medians required to be maintained by the Shopping Center owner or management, drainage systems, benches, fences, fire corridors, meeting areas, public restrooms and comfort stations, and any shoulders and medians of streets adjacent to the Shopping Center. Landlord may, from time to time, open, close, relocate, climatize or de-climatize any food court and mall areas, change the layout, size, locations, elevation, nature and/or use of any Common Areas, and may construct or erect buildings or other structures therein or thereon and move or remove the same. Except for any Lease provision to the contrary, Landlord shall either do the following or cause to be done by Landlord’s designated contractor, agent or employee: operate, maintain, manage, equip, light, clean, paint, repair, and, at Landlord's option, provide security personnel and/or leased equipment for said Common Areas and heat and cool any mall or other areas now or hereafter enclosed, as Landlord shall from time to time determine. Landlord or Landlord’s designated contractor, agent or employee may perform any other maintenance, changes, repairs, replacements or improvements that Landlord may hereafter desire or deem necessary and appropriate. Landlord may designate or permit a third party to perform the obligation of Landlord. Capital expenditures required due to changes in regulations that were not required when the Shopping Center was built, reserves for repair or replacement of capital items, excluding items for which Landlord is respons...
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Related to COMMON AREA CHARGES DEFINED

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Definitions For purposes of this Agreement:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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