Competitive Facilities. Without in any way limiting the generality of Section 7.6, the Limited Partner recognizes that BKC, TPC and Affiliates thereof are in the business of establishing, own, leasing, operating, managing and franchising restaurants, including, without limitation, BK Restaurants, and that in connection with such businesses, BKC, TPC and/or Affiliates thereof may from time to time establish, own, lease, operate, manage and/or franchise new restaurants, including, without limitation, BK Restaurants. Both such existing restaurants and any such new restaurants may be competitive with one or more of the Partnership Properties and may adversely affect the revenues of the Partnership with respect to one or more of the Partnership Properties. The Limited Partners expressly consent to all actions of BKC, TPC and any Affiliate of either in connection both with existing restaurants and with any new restaurants and agrees that neither BKC, TPC and the Managing General Partner, nor any Affiliate of any of them shall incur any liability to the Partnership or the Limited Partners as the result of or in connection with any such action.
Competitive Facilities for so long as they do not close or cease to be comparable to the applicable Venue (i) with respect to the Signature Restaurant, the restaurants known as Zucca, Hillstone and M House as of the Effective Date located in Coral Gables, (ii) with respect to the Lobby Pub, the gastropubs known as Bulla Gastrobar and Whisk Gourmet of the Effective Date located in Coral Gables, and (iii) with respect to the Pool Bar, the bars known as Monty’s Raw Bar and Panorama Sky Lounge as of the Effective Date located in Coconut Grove. If a material change to any of the operations in the set of Competitive Facilities occurs, including the cessation of operation of the applicable competitive operation, or a material change occurs in the standards of the applicable competitive operation, then either Party may request the replacement of such applicable competitive operation in the set of Competitive Facilities, provided any replacement competitive operation has been in operation for at least three (3) full years. If the Parties are unable to reach agreement on the replacement competitive operation within thirty (30) days after the initial request by a Party, then either Party may submit the matter for resolution in accordance with Article 14.
Competitive Facilities. A. The Recipient agrees to provide equivalent treatment, benefits, and opportunities to female and male student athletes with respect to the provision of locker rooms, practice, and competitive facilities at Claremont High School. In order to ensure equity between the female and male participants in the interscholastic athletic program by September 2, 2023, the Recipient will provide the varsity softball team with a practice and competitive facility with features such that the facility is equivalent to that which is provided to the varsity baseball team. This will include, but is not limited to, providing the varsity softball team with the following features:
1. A location that is a similar distance to the varsity baseball team’s locker room.
2. A level outfield and an adequately maintained infield.
3. A clubhouse or similar structure with equipment storage that is equivalent to the varsity baseball team clubhouse.
4. Equivalent batting cages with lights.
5. An electronic scoreboard.
6. Covered dugouts.
7. A water bottle filling station that is shared with other sports in the sporting complex and restrooms that are similar distance to the varsity baseball facility and boys’ restroom.
8. Adequate bleachers for spectator seating.
B. By April 9, 2021, the Recipient will conduct a meeting with all of the coaches of the junior varsity (JV) softball and JV baseball teams notifying them that due to the location of the both the practice and competitive facilities, each team must accommodate the other during batting practice and competitive events. Specifically, each team must limit batting into the shared outfield to times that the other team is not using the outfield.
Competitive Facilities. If during the term of this Agreement, Operator contracts to operate or manage a comparable golf club and conference center that provides services consistent with the Projects that is located within twenty-five miles of the Project in any direction without Owner's written approval.
Competitive Facilities. Without in any way limiting the generality of Section 7.6, the Limited Partners and any Assignees recognize that BKC, TPC, and Affiliates thereof are in the business of establishing, leasing, operating, managing, and franchising restaurants, including, without limitation, BK Restaurants, and that in connection with such businesses, BKC, TPC, and/or Affiliates thereof may from to time establish, own, lease, operate, manage, and/or franchise new restaurants, including, without limitation, BK Restaurants. Both such existing restaurants and any such new restaurants may be competitive with one or more of the Partnership Properties and may adversely affect the revenues of the Partnership with respect to one or more of the Partnership Properties. The Limited Partners and Assignees expressly consent to all actions of BKC, TPC, and any Affiliate of either in connection both with existing restaurants and with any new restaurants and agree that neither BKC, TPC, the Managing General Partner, nor any Affiliate of them shall incur any liability to the Operating Partnership, the Partnership, or any Limited Partner or Assignee as the result of or in connection with any such action.
Competitive Facilities. 13 Section 6.17. Payment of Lawful Charges.................................. 13 Section 6.18. Further Assurances......................................... 13 Section 6.19. No Additional G&R Bonds.................................... 13 Section 6.20. Tax Rulings................................................ 14 (ii) TABLE OF CONTENTS (continued) Page ---- ARTICLE VII AGREEMENT OF THE STATE
Competitive Facilities. The Subsidiary shall not hereafter construct, acquire, or operate, any plants, structures, facilities or properties which will provide electric service in the Service Area (as defined in the Act as in effect on the date hereof) unless the same are a part of the System.
Competitive Facilities. Except for any utility system existing as of the date hereof, the District will not, to the extent permitted by law, acquire, maintain or operate and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, authority, city, or political subdivision or any person whomsoever to acquire, maintain or operate within the District any utility system competitive with the Wastewater Enterprise; provided, however, that the District may, with the written consent of the Bank, assign all or a portion of the Wastewater Enterprise to another entity upon delivery to the Bank of an opinion of counsel experienced in the field of law relating to municipal bonds that such assignment will not adversely affect the tax-exempt status of the Loan, and provided such entity assumes the obligations of the District hereunder.
Competitive Facilities. The District will not, to the extent permitted by law, acquire, maintain or operate and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, authority, city, or political subdivision or any person whomsoever to acquire, maintain or operate within the District any water or wastewater system competitive with the Enterprises; provided, however, that the District may, with the written consent of the Lender, assign all or a portion of the Enterprises to another entity upon delivery to the Lender of an opinion of counsel experienced in the field of law relating to municipal bonds that such assignment will not adversely affect the tax-exempt status of the interest on the Loan, and provided such entity assumes the obligations of the District hereunder.
