Correction of Defects To promptly correct any structural defects in the Improvements or any material departure from the Plans and Specifications not previously approved by Lessor. The advance of any Development Financing proceeds shall not constitute a waiver of Lessor's right to require compliance with this covenant.
Correction of Errors to withdraw funds deposited in the Collection Account in error;
Standard of Care; Uncontrollable Events; Limitation of Liability SMC shall use reasonable professional diligence to ensure the accuracy of all services performed under this Agreement, but shall not be liable to the Company for any action taken or omitted by SMC in the absence of bad faith, willful misfeasance, negligence or reckless disregard by it of its obligations and duties. The duties of SMC shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against SMC hereunder. SMC shall maintain adequate and reliable computer and other equipment necessary or appropriate to carry out its obligations under this Agreement. Upon the Company's reasonable request, SMC shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, SMC assumes no responsibility hereunder, and shall not be liable for, any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond SMC's reasonable control include, without limitation, force majeure events. Force majeure events include natural disasters, actions or decrees of governmental bodies, and communication lines failures that are not the fault of either party. In the event of force majeure, computer or other equipment failures or other events beyond its reasonable control, SMC shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption. SMC shall provide the Company, at such times as the Company may reasonably require, copies of reports rendered by independent public accountants on the internal controls and procedures of SMC relating to the services provided by SMC under this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall SMC, its affiliates or any of its or their directors, officers, employees, agents or subcontractors be liable for exemplary, punitive, special, incidental, indirect or consequential damages, or lost profits, each of which is hereby excluded by agreement of the parties regardless of whether such damages were foreseeable or whether either party or any entity has been advised of the possibility of such damages.
ALTERATIONS - ADDITIONS The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in quality at least equal to the present construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein.
Acceptance Testing The MCP must have the capability to report all elements in the Minimum Data Set as set forth in the ODJFS Encounter Data Specifications and must submit a test file in the ODJFS-specified medium in the required formats prior to contracting or prior to an information systems replacement or update. Acceptance testing of encounter data is required as specified in Section 29(a)(v) of this Appendix.
Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.
Review Process Limitations The Asset Representations Reviewer will have no obligation:
Completion of Repairs Borrower will commence any Repairs as soon as practicable after the date of this Loan Agreement and will diligently proceed with and complete such Repairs on or before the Completion Date. All Repairs and Capital Replacements will be completed in a good and workmanlike manner, with suitable materials, and in accordance with good building practices and all applicable laws, ordinances, rules, regulations, building setback lines and restrictions applicable to the Mortgaged Property. Borrower agrees to cause the replacement of any material or work that is defective, unworkmanlike or that does not comply with the requirements of this Loan Agreement, as determined by Lender.
Technical Specifications Each Bloom System is an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means that (i) has a Nameplate Capacity of at least 0.5 kilowatts of electricity using an electrochemical process and (ii) has an electricity-only generation efficiency greater than thirty percent (30%).
Facility Type Call Sign Exp Date TV Broadcast Station License WBRE-TV 08/01/2007 (Channel 28, Xxxxxx-Xxxxx, Pennsylvania) DTV Facility WBRE-DT 08/01/2007 (Channel 11, Xxxxxx-Xxxxx, Pennsylvania) TV Translator Station License W24BL 08/01/2007 TV Translator Station License W30AN 08/01/2007 TV Translator Station License W51BP 08/01/2007 TV Translator Station License W64AL 08/01/2007 Transmit-Only Earth Station License E910642 11/01/2011 Transmit-Receive Earth Station License E020058 05/03/2017 TV Pickup KA35201 08/01/2007 TV Pickup KA35245 08/01/2007 TV Pickup KA74870 08/01/2007 TV Pickup KC62824 08/01/2007 Broadcast Auxiliary KF5726 08/01/2007 TV Studio Transmitter Link KGH66 08/01/2007 R/P Base Mobile System KGU973 08/01/2007 TV Pickup KK4138 08/01/2007 TV Pickup KL2535 08/01/2007 TV Pickup KP4407 08/01/2007 R/P Base Mobile System KQB618 08/01/2007 TV Pickup KR7688 08/01/2007 TV Pickup KR7693 08/01/2007 TV Pickup KR7771 08/01/2007 TV Pickup KS2001 08/01/2007 TV Pickup KY2899 08/01/2007 R/P Mobile KY5608 08/01/2007 TV Studio Transmitter Link KZO21 08/01/2007 TV Intercity Relay WFW575 08/01/2007 TV Intercity Relay WGI290 08/01/2007 TV Intercity Relay WHB674 08/01/2007 TV Intercity Relay WLI324 08/01/2007 TV Intercity Relay WLI325 08/01/2007 TV Intercity Relay WLI337 08/01/2007 TV Intercity Relay WMF322 08/01/2007 TV Intercity Relay WMF323 08/01/2007
