Concessions. Given current market conditions, the State is very interested in acquiring market concessions for this transaction. Any concessions, especially the timing of such, will be a major factor in assessing proposals received. Concessions may include reduced rent, free rent, moving allowances or any other item you are willing to incorporate into the proposal. Clearly a combination of these items may be included also.
Concessions. For purposes of the foregoing calculations, for each of the first four Calculation Dates after the Closing Date, Operating Expenses, Concessions, Actual Rent Collections and Other Receipts with respect to the Properties for the period from the Closing Date to and including each such Calculation Date shall be annualized to determine the twelve (12) month Operating Expenses, Concessions, Actual Rent Collections and Other Receipts with respect to the Properties. Notwithstanding the foregoing, Underwritten Net Cash Flow shall not include (a) any Insurance Proceeds (other than business interruption and/or rental loss insurance proceeds and only to the extent allocable to the applicable reporting period), (b) any proceeds resulting from the Transfer of all or any portion of any Property, including any Award, (c) any item of income otherwise included in Underwritten Net Cash Flow but paid directly by any Tenant to a Person other than Borrower as an offset or deduction against Rent payable by such Tenant, provided such item of income is for payment of an item of expense (such as payments for utilities paid directly to a utility company) and such expense is otherwise excluded from the definition of Operating Expenses pursuant to clause “(H)” of the definition thereof, (d) security deposits received from Tenants until forfeited or applied and (e) any lease buy-out or surrender payment from any Tenant. Notwithstanding anything herein to the contrary, the Underwritten Net Cash Flow of any Property that is a Disqualified Property shall be zero for all purposes of this Agreement unless Borrower makes a deposit of Eligibility Funds into the Eligibility Reserves Subaccount in an amount equal to 100% of the Allocated Loan Amount for such Property.
Concessions. No extension of time, allowances or concessions allowed and no temporary variation of the terms of this Deed of Sale for any party will be regarded as a waiver of his/her rights hereunder. The Seller may furthermore at any time and without prior notice expect the Purchaser to strictly and timeously comply with each and every term and condition.
Concessions. No concessions, stands, or concession operations shall be provided at the Leased Property. For purposes of this Agreement, “concession” shall include all and any form of business or activity, which provides goods or services for profit, barter, or trade. It is the intent of this Agreement that the Leased Property shall be limited in use to recreational vehicle parking and overnight camping activities only.
Concessions. The sale or distribution to the public of food or concession items must be pre-approved by obtaining a Special Activity Permit from the City and/or a letter of support from Routt County Environmental Health (870-5588).
Concessions. In return for your performance of the services set forth in this Agreement on behalf of your customers, the Distributor will pay you compensation under the terms and conditions set forth below:
(a) Any sales charges, dealers’ concessions, service fees, and/or any other fees paid pursuant to a Fund’s Plan of Distribution pursuant to Rule 12b-1 under the 1940 Act, as amended, will be paid in the amounts and at the times as set forth in the Funds’ current Prospectus or the attached Appendix C. You hereby acknowledge that a Fund reserves the right to amend, modify, suspend or eliminate any Rule 12b-1 fee at any time. The Distributor will promptly notify each member of the Selling Group of any change to a Fund’s Rule 12b-1 fee.
(b) Where payment is due hereunder, the Distributor agrees to send payment for dealers’ concessions and payments made in accordance with a Fund’s Plan of Distribution pursuant to Rule 12b-1 under the 1940 Act, as amended, to your address as it appears on our records. You must notify us of address changes and promptly negotiate such payments. Any such payments that remain outstanding for 12 months shall be void and the obligation represented thereby shall be extinguished.
(c) The Distributor will not be obligated to pay you any concessions or fees with respect to any share of a Fund that is placed or purchased in your customer accounts after the date this Agreement is terminated pursuant to Section 18 of this Agreement; provided that the Distributor will continue to be obligated to pay the concessions and fees with respect to any share that was considered in the calculation of the concessions and fees prior to or as of the date of such termination including shares that may be subsequently created as a result of dividend reinvestments or capital gains distributions (each individually a “Pre-Termination Share”), for so long as a Pre-Termination Share continues to be held in a customer account and you continue to perform services for such Pre-Termination Share. With respect to the Retail Funds:
(d) With respect to any Class of shares of the Retail Funds that impose a sales load or a Contingent Deferred Sales Charge (“CDSC”), the Distributor agrees to compensate selling firms at a specified rate and time as disclosed in Appendix C on purchase payments only for those shares which are subject to a sales load or CDSC at the time of investment. You understand that any CDSC deducted from redemption proceeds shall be the property of the Distributor...
Concessions. If, in determining the Market Rent for an Option Term, Tenant is entitled to Concessions, Tenant shall not be granted such Concessions in-kind, but instead the rental rate component of the Market Rent shall be adjusted (pursuant to the methodology provided in Section 5), to reflect the fact that Tenant shall not be receiving such Concessions; provided, however, Landlord may, at Landlord’s sole option, elect to grant any “free rent”, “rent abatement”, or “improvement allowances” Concessions to Tenant in-kind (i.e., as free rent, rent abatement, or improvement allowances), in which case the rental rate component of the Market Rent shall not be adjusted with respect to such free rent, rent abatement, and/or improvement allowance Concessions (but shall still be adjusted for any other Concessions Tenant is entitled to but not granted).
Concessions. The Organization may maintain a concession activity for food and drink at the Park as long as the Organization complies with all applicable County ordinances and local and state health regulations. No alcoholic beverages are allowed. The County will not engage in any competing concession activities without the prior approval of the Organization either through its own agents or by the granting of concession privileges to any other person or entity. Income derived from concession activities remain the exclusive property of the Organization and must be used by the Organization to further its activities at the Park and in providing additional improvements for the Organization’s programs. The Organization is responsible for all repairs, maintenance, and certification of all concession equipment owned either by the Organization or by its contracted concessioners. The Organization is responsible for the annual maintenance and certification of any ventilated hood systems and fire extinguishers.
Concessions. Notwithstanding the foregoing, Underwritten Net Cash Flow shall not include (a) any Insurance Proceeds (other than business interruption and/or rental loss insurance proceeds and only to the extent allocable to the applicable reporting period), (b) any proceeds resulting from the Transfer of all or any portion of any Property, (c) any item of income otherwise included in Underwritten Net Cash Flow but paid directly by any Tenant to a Person other than Borrower as an offset or deduction against Rent payable by such Tenant, provided such item of income is for payment of an item of expense (such as payments for utilities paid directly to a utility company) and such expense is otherwise excluded from the definition of Operating Expenses pursuant to clause “(G)” of the definition thereof, (d) security deposits received from Tenants until forfeited or applied and (e) any lease buy-out or surrender payment from any Tenant (including any payment relating to unamortized tenant improvements and/or leasing commissions). Notwithstanding anything herein to the contrary, the Underwritten Net Cash Flow of any Property that is a Disqualified Property shall be zero for all purposes of this Agreement.
Concessions. (a) Any sales charges and dealers' concessions will be as set forth in the current Prospectus of each Fund.
(b) Where payment is due hereunder, we agree to send payment for dealers' concessions and Plan payments to your address as it appears on our records. You must notify us of address changes and promptly negotiate such payments. Any such payments that remain outstanding for 12 months shall be void and the obligation represented thereby shall be extinguished.
(c) With respect to Funds which impose a Contingent Deferred Sales Charge ("CDSC"), we agree to compensate selling firms at a specified rate as disclosed in each Fund's current prospectus on purchase payments only for those shares which are subject to the CDSC at the time of investment.
(d) We reserve the right to reclaim any commission payment from a broker/dealer if we later determine the CDSC waiver applied at the time of investment.
(e) We reserve the right to modify the CDSC waiver at any time. We will promptly notify each member of the Selling Group of any modification thereto.
