Costs of Determination Sample Clauses

Costs of Determination all costs of the determination of the current market licence fee of the Premises by the valuers or the umpire must be borne as specified by the valuer or the umpire.
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Costs of Determination. All costs of making the Determination with respect to entitlement to indemnification or advancement of expenses hereunder shall be borne solely by the Company, including, but not limited to, the costs of legal counsel, proxy solicitations and judicial Determinations.
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Costs of Determination. The Landlord and the Tenant must bear equally the Valuer's fee for making the determination. If either pays more than half the fee, the difference may be recovered from the other. Payments until determination is made Until the determination is made by the Valuer, the Tenant must continue to pay the same Rent as was payable immediately before the relevant Market Review Date. Within 7 days of being informed of the Valuer's determination, the parties must make any necessary adjustments. Rent minimum increase Despite the other provisions of this clause 8, the Rent from the relevant Market Review Date must not be less than 102.5% of the Rent payable immediately before the relevant Market Review Date. Use of Premises Permitted use The Tenant must use the Premises only for the Permitted Use. The Tenant must not use the Premises for purposes, or permit others to use the Premises for purposes, which are not permitted under the Planning Scheme or which are Prohibited Businesses. Subject to the terms of this lease, the Tenant may continue to use and occupy the Premises for the Term. The Tenant must allow the Landlord to exercise its rights or comply with its obligations under and in accordance with the terms of the Head-Lease. If a consent, licence or approval is required from an Authority for the Premises to be used for the Permitted Use, for the Tenant to carry out any work in the Premises or in relation to the Premises, the Warehouse Land or their use or occupation, the Tenant must, at the Tenant's own expense: obtain and hold at all times that consent, licence or approval; and promptly make all applications and take all steps necessary to obtain that consent, licence or approval (but not so as to restrict or otherwise affect the use of any other part of the Warehousing Complex). The Tenant must not trade from the Premises. No undesirable or illegal use The Tenant must use the Premises in accordance with all Laws. The Tenant must not: use the Premises or any other part of the Warehouse Land or the Market Land for residential accommodation or for any noxious, noisy, illegal or offensive act, business or use; or do or omit to do any thing in the Premises or any other part of the Warehouse Land or the Market Land which causes or may cause nuisance, damage or disturbance to any person who uses the Warehouse Land or the Market Land or any occupier or owner of nearby property. No signs The Tenant must not without the Landlord's consent (which will not be unreasonably wi...
Sample 1
Costs of Determination all costs of the determination of the current market rent of the Premises by the valuers or the umpire will be borne as follows:
Sample 1
Costs of Determination. The Landlord and the Tenant must bear equally the Valuer's fee for making the determination. If either pays more than half the fee, the difference may be recovered from the other.
Sample 1
Costs of Determination. The Lessor and the Lessee must each pay their own Valuer’s costs and must share equally the costs of any Valuer appointed under clause 2.6(d) unless the determination has been made by a sole Valuer under clause 2.6(c) in which case the Lessor and Tenant must share equally the costs of the sole Valuer.
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Related to Costs of Determination

  • Method of Determination A determination (if required by applicable law) with respect to Indemnitee’s entitlement to indemnification shall be made as follows:

  • Fee Determination Detail The Administrative Agent, and any Lender, shall provide reasonable detail to Borrower regarding the manner in which the amount of any payment to the Administrative Agent and the Lenders, or that Lender, under Article 3 has been determined, concurrently with demand for such payment.

  • Certain Determinations For purposes of determining whether and the extent to which the Total Payments will be subject to the Excise Tax: (i) no portion of the Total Payments the receipt or enjoyment of which the Executive shall have waived at such time and in such manner as not to constitute a “payment” within the meaning of Section 280G(b) of the Code will be taken into account; (ii) no portion of the Total Payments will be taken into account which, in the opinion of tax counsel (“Tax Counsel”) reasonably acceptable to the Executive and selected by the Accounting Firm, does not constitute a “parachute payment” within the meaning of Section 280G(b)(2) of the Code (including by reason of Section 280G(b)(4)(A) of the Code) and, in calculating the Excise Tax, no portion of such Total Payments will be taken into account which, in the opinion of Tax Counsel, constitutes reasonable compensation for services actually rendered, within the meaning of Section 280G(b)(4)(B) of the Code, in excess of the “base amount” (as set forth in Section 280G(b)(3) of the Code) that is allocable to such reasonable compensation; and (iii) the value of any non-cash benefit or any deferred payment or benefit included in the Total Payments will be determined by the Accounting Firm in accordance with the principles of Sections 280G(d)(3) and (4) of the Code. The Executive and the Company shall furnish such documentation and documents as may be necessary for the Accounting Firm to perform the requisite calculations and analysis under this Section 6 (and shall cooperate to the extent necessary for any of the determinations in this Section 6(c) to be made), and the Accounting Firm shall provide a written report of its determinations hereunder, including detailed supporting calculations. If the Accounting Firm determines that aggregate Total Payments should be reduced as described above, it shall promptly notify the Executive and the Company to that effect. In the absence of manifest error, all determinations by the Accounting Firm under this Section 6 shall be binding on the Executive and the Company and shall be made as soon as reasonably practicable and in no event later than 15 days following the later of the Executive’s date of termination of employment or the date of the transaction which causes the application of Section 280G of the Code. The Company shall bear all costs, fees and expenses of the Accounting Firm and any legal counsel retained by the Accounting Firm.

  • Consent; Determination or Discretion When the consent or approval of a party is required under this Agreement, such consent or approval shall be obtained in writing and unless expressly otherwise provided, shall not be unreasonably withheld or delayed. When a determination or decision is to be made by a party under this Agreement, that party shall make such determination or decision in its reasonable discretion unless expressly otherwise provided.

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

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