Declaration of Restrictive Covenant Sample Clauses

Declaration of Restrictive Covenant. The binding agreement that is executed and filed against a property by its property owner that addresses the proportionate share mitigation approved by the School Board and recorded in Broward County public records.
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Declaration of Restrictive Covenant. A Declaration of Restrictive Covenant in the form provided to the Awardee by DWSD (the “Declaration”) shall be filed against such property with the Office of the Xxxxx County Register of Deeds. It shall be a condition of disbursement of any funds pursuant hereto that such Declaration of Restrictive Covenant shall have been recorded against the Property and evidence thereof shall have been provided to DWSD.
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Declaration of Restrictive Covenant. In consideration of the Grant Funds provided by the Agency to the Grantee, and as a condition of receiving such Grant Funds, the Grantee hereby agrees to impose a restrictive covenant on the real property described in Exhibit A attached hereto (the "Property"). This Declaration of Restrictive Covenant shall serve to ensure that the Property is used in a manner consistent with the Plan and the Act. The restrictive covenant shall be recorded in the public records of Washington County, Florida, and shall run with the land for a period of three (3) years from the date of Project completion. The restrictive covenant shall include, but not be limited to, the following provisions: ● The Property shall be developed and used exclusively for purposes that are in compliance with the Plan and the Act. ● The Grantee shall not remove or materially alter (defined as any alteration that changes the fundamental character or use of the improvement, or any alteration that requires a permit under local building regulations) any improvements without the prior written consent of the Agency. ● The Grantee shall maintain the Property in a manner that supports the objectives of the Plan and the Act. ● In the event of a breach of any of the provisions of this restrictive covenant, the Agency shall have the right to demand repayment of the Grant Funds, to be made within thirty (30) days of such demand, in addition to any other legal remedies available. This Declaration of Restrictive Covenant shall be binding upon the Grantee, their heirs, successors, and assigns, and shall inure to the benefit of the Agency, its successors, and assigns. The terms of this Declaration may only be amended, modified, or terminated with the written consent of both the Grantee and the Agency.
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Declaration of Restrictive Covenant. At Closing, the Housing Authority shall cause the Owner Entity to record a Declaration of Covenants, Conditions and Restrictions Imposed on Real Property for the benefit of the City wherein the Owner Entity shall be obligated to cause the Project to be operated in accordance with certain affordability restrictions as described in Exhibit C (“Restrictive Covenant”), will require that the Housing Authority will be the property manager for the Property (unless terminated for cause) and wherein the City shall have the option to re-acquire the Property upon expiration of the affordability term as described in Exhibit E (“Purchase Option and Right of First Refusal”). All loans and security interests entered into shall be subject to and subordinate to the Restrictive Covenant.
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Declaration of Restrictive Covenant. THIS DECLARATION OF RESTRICTIVE COVENANT, is made on the date hereafter set forth, by Rockbiter Corporation, hereafter referred to as “Declarant.”
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Declaration of Restrictive Covenant. (Emergency Shelter) (Family Promise of Orange County) This Declaration of Restrictive Covenant (“Covenant”) is made as of this day of
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Declaration of Restrictive Covenant. By the Feasibility Deadline, Purchaser and Seller shall have agreed upon the form and substance of a declaration of restrictive covenant (“Restrictive Covenant”) to be entered into at Closing, covering the Property, Residual Parcels, and that portion of Peacock Hill designated for commercial development on the City of Gig Harbor’s current official comprehensive plan and zoning maps (the “Commercial Area”). The Restrictive Covenant shall provide, among other things, that for a period of five years following the earlier to occur of (1) the date Purchaser opens the Project for business to the public, or (2) the date that is one year after the Closing, neither Seller, nor any subsidiary, affiliate, parent or other entity that controls, is controlled by, or is under common control with Seller (collectively “Seller’s Entities”) shall allow any portion of the Commercial Area to be used or operated (A) as a wholesale or retail general merchandise facility which has a merchandising concept based upon a relatively limited number of stock keeping units in a large number of product categories (the “Merchandising Concept”), (B) to support a facility operating as a Merchandising Concept (i.e., for parking or other necessary improvements for such a facility), (C) as any business which operates as a warehouse club (other than a Costco Facility, as defined below), (D) as any business operated under the trade names of Sam’s, BJ’s, Jetro, or Price Smart, (E) as any business (other than a Costco Facility, as defined below) similar to those operated under the trade names Costco, Sam’s, BJ’s, Jetro, or Price Smart, or (F) as a “Wal-Mart” store or “Wal-Mart Supercenter” or any other store operated under the “Wal-Mart” brand; provided, however, that in no event shall any of the foregoing prohibitions preclude the Property from being used for or as a Costco Wholesale warehouse club or any other facility then operated by Costco or by any successor to Costco (collectively, a “Costco Facility”). Seller and Purchaser shall agree in the Restrictive Covenant on the applicable terms and conditions pertaining to the foregoing matters, including (without limitation) any conflict with matters of record. The Restrictive Covenant also shall provide (G) for a perpetual fifty (50) foot wide buffer of native vegetation shall be established along Xxxxxx Boulevard, and (H) for a period of twenty (20) years after the date of Closing, the Property shall not be used for adult entertainment, heavy ind...
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Declaration of Restrictive Covenant. (Emergency Homeless Shelter) (The City of Costa Mesa)
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Declaration of Restrictive Covenant. 1. A Declaration of Restrictive Covenant in the form provided to the Grantee by DEP (the “Declaration”) shall be filed against the Premises with the Office of the City Register of the City of New York, County of It shall be a condition of disbursement of any funds pursuant hereto that such Declaration of Restrictive Covenant shall have been recorded against the Premises and evidence thereof shall have been provided to DEP. 2. The Declaration shall remain in effect for the term of this Agreement and shall ensure the maintenance and care of the Project. The provisions of Section F(6) and H(3) shall survive the termination or expiration of this Agreement.
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Related to Declaration of Restrictive Covenant

  • Survival of Restrictive Covenants Employee acknowledges that the above restrictive covenants shall survive the termination of this Agreement and the termination of Employee’s employment for any reason. Employee further acknowledges that any alleged breach by the Company of any contractual, statutory or other obligation shall not excuse or terminate the obligations hereunder or otherwise preclude the Company from seeking injunctive or other relief. Rather, Employee acknowledges that such obligations are independent and separate covenants undertaken by Employee for the benefit of the Company.

  • Enforcement of Restrictive Covenants For the avoidance of doubt, nothing in this Section 7(i) limits the remedies available to Employer under Section 14 hereof.

  • Breach of Restrictive Covenants Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 hereof may result in material irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 hereof, restraining Employee from engaging in activities prohibited by Section 10 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee if it is ultimately determined that Employee was in breach of such covenants.

  • Restrictive Covenant Agreement The Company’s obligations under this Agreement, including the Company’s agreement to provide severance and to allow Employee to participate in the other compensation programs as provided on Schedule A, is conditioned on Employee signing a Restrictive Covenant Agreement in the form of Schedule B (the “Restrictive Covenant Agreement”).

  • Restrictive Covenants Agreement I understand that I am or will be an employee to or other service-provider of The Xxxxx Xxxxx Company and/or its Subsidiaries and/or its Affiliates (collectively the "Company"), and will learn and have access to the Company's confidential, trade secret and proprietary information and key business relationships. I understand that the products and services that the Company develops, provides and markets are unique. Further, I know that my promises in this Restrictive Covenants Agreement (the "Agreement") are an important way for the Company to protect its proprietary interests and that The Xxxxx Xxxxx Company would not have granted me RSUs or other equity grants unless I made such promises. In addition to other good and valuable consideration, I am expressly being given RSUs or other equity grants in exchange for my agreeing to the terms of this Agreement. In consideration of the foregoing, I (the "Executive") agree as follows:

  • Restrictive Covenant (a) The Employee hereby acknowledges and recognizes that, during the Employment Period, the Employee will be privy to trade secrets and confidential proprietary information critical to the Company's business and the Employee further acknowledges and recognizes that the Company would find it extremely difficult or impossible to replace the Employee and, accordingly, the Employee agrees that, in consideration of the benefits to be received by the Employee hereunder, the Employee will not, from and after the date hereof until the first anniversary of the termination of the Employment Period (or six months after the termination of the Employment Period if such termination is as a result of a termination for Good Reason following a Change in Control), (i) directly or indirectly engage in the development, production, marketing or sale of products that compete (or, upon commercialization, would compete) with products of the Company being developed (so long as such development has not been abandoned), marketed or sold at the time of the Employee's termination (such business or activity being hereinafter called a "Competing Business") whether such engagement shall be as an officer, director, owner, employee, partner, affiliate or other participant in any Competing Business, (ii) assist others in engaging in any Competing Business in the manner described in the foregoing clause (i), or (iii) induce other employees of the Company or any subsidiary thereof to terminate their employment with the Company or any subsidiary thereof or engage in any Competing Business. Notwithstanding the foregoing, the term "Competing Business" shall not include any business or activity that was not conducted by the Company prior to the effective date of a Change in Control. (b) The Employee understands that the foregoing restrictions may limit the ability of the Employee to earn a livelihood in a business similar to the business of the Company, but nevertheless believes that the Employee has received and will receive sufficient consideration and other benefits, as an employee of the Company and as otherwise provided hereunder, to justify such restrictions which, in any event (given the education, skills and ability of the Employee), the Employee believes would not prevent the Employee from earning a living.

  • TENANCIES AND RESTRICTIVE COVENANTS The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions-in-interest, caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to define the same respectively and the Purchaser is deemed to have full knowledge thereof.

  • Restrictive Covenant Agreements The Executive agrees to be bound by the Invention and Non-Disclosure Agreement attached hereto as Exhibit A and the Non-Competition and Non-Solicitation Agreement attached hereto as Exhibit B (Exhibit A and Exhibit B together referred to as the “Restrictive Covenant Agreements”), each of which are incorporated by reference herein. The provisions of the Restrictive Covenant Agreements shall survive the term of this Agreement pursuant to the terms set forth in Exhibit A or Exhibit B, as applicable.

  • Termination of Restrictions Except as set forth in Section 9.3 hereof, the restrictions imposed by this Section 9 upon the transferability of Restricted Securities shall cease and terminate as to any particular Restricted Securities: (a) which shall have been effectively registered under the Securities Act, or (b) when, in the opinions of both counsel for the holder thereof and counsel for the Company, such restrictions are no longer required in order to insure compliance with the Securities Act or Section 10 hereof. Whenever such restrictions shall cease and terminate as to any Restricted Securities, the Holder thereof shall be entitled to receive from the Company, without expense (other than applicable transfer taxes, if any), new securities of like tenor not bearing the applicable legends required by Section 9.1 hereof.

  • Release of Restrictions Upon vesting of any portion of the shares of Restricted Stock and satisfaction of any other conditions required by the Plan or pursuant to this Restricted Stock Agreement, the Company shall promptly either issue a stock certificate, without such restricted legend, for any shares of the Restricted Stock that have vested, or, if the shares are held in book entry form, the Company shall remove the notations on the book form for any shares of the Restricted Stock that have vested.