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Diminution of Value Sample Clauses

Diminution of Value. If Landlord reasonably believes the Alterations have caused a FMV Diminution or objects to any proposed Alterations, Landlord must notify Master Tenant in writing within thirty (30) days after completion of such Alterations or notification of proposed Alterations. Any FMV Diminution must be conclusively determined by an appraisal (“Appraisal”) conducted by an independent third party appraiser mutually agreed upon by the parties, which Appraisal shall not take into account any diminution in FMV attributable to a change in market conditions. If the parties are unable to mutually agree upon an independent appraiser, each party shall obtain their own Appraisal and the average FMV of the current Premises shall be obtained by averaging the FMV of the two Appraisals. If FMV Diminution is conclusively established with respect to Alterations that were not approved by Landlord or otherwise permitted under the initial Approved Sublease, then Master Tenant shall pay Landlord the amount of the FMV Diminution within sixty (60) days of receipt of the final written Appraisal(s) establishing such FMV Diminution. If the Appraisal(s) conclusively establishes no FMV Diminution will be caused by proposed Alterations, the expenses of the Appraisal(s) will be borne by Landlord and withheld from Rent to the Landlord and such proposed Alterations are deemed permitted and approved.
Sample 1Sample 2Sample 3See All (7)
Diminution of Value. Notwithstanding anything to the contrary contained in this Agreement, the parties acknowledge and agree that Damages shall not include any diminution of value.
Sample 1
Diminution of Value. If, prior to the Closing, any portion of the Gathering System shall be destroyed by fire or other casualty, or if any portion of the Gathering System shall be taken in condemnation or under the right of eminent domain or if proceedings for such purposes shall be pending or threatened, or there has been an adverse change, however caused, in the production characteristics, allowable production, takes by purchasers, proceeds of production or operating expenses of an Interest, Buyer may elect in writing to terminate this Agreement, mutually agree with Seller to an adjustment to the Purchase Price or proceed with the Closing; provided, however, that in such last event all proceeds of insurance or condemnation shall be assigned by Seller to Buyer. In the case of any condemnation, taking or destruction of a part of the Gathering System not covered by insurance, the parties agree to negotiate in good faith an appropriate adjustment to the Purchase Price.
Sample 1
Diminution of Value. SVCF will not be liable to Participating Charity for any diminution in value of the Assets, including, but not limited to, losses directly or indirectly caused by acts of war, acts of terrorism, labor disputes, exchange or market decisions, including the suspension of trading, market volatility, trade volume, or by government restriction or otherwise, except in the case of losses directly caused by the gross negligence or willful misconduct of SVCF in the performance of SVCF’s duties under this Agreement. EXHIBIT C–FEE SCHEDULE Fees and Expenses Support Fees: SVCF has incurred and will continue to incur on behalf of Participating Charity and the Nonprofit Investment Program certain professional expenses related to the Nonprofit Investment Program’s operations, including, but not limited to, any legal, accounting or professional fees and related charges. SVCF may incur certain costs for the compensation of staff responsible solely for the performance of the administrative and other services rendered on behalf of Participating Charity or the Nonprofit Investment Program as provided under this Agreement (collectively, “Support Fees”).
Sample 1
Diminution of Value. The Foundation will not be liable for any diminution in value of the Assets, including, but not limited to, losses directly or indirectly caused by acts of war, acts of terrorism, labor disputes, exchange or market decisions, including the suspension of trading, market volatility, trade volume, or by government restriction or otherwise.
Sample 1

Related to Diminution of Value

  • No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Dishonesty Drinking alcoholic beverages on the job, or reporting for work while intoxicated.

  • Fraud Control BellSouth will provide seven days per week, 24-hours per day, fraud monitoring on Calling Cards, xxxx-to-third and collect calls made to numbers in BellSouth’s LIDB, provided that such information is included in the LIDB query. BellSouth will establish fraud alert thresholds and will notify <<customer_name>> of fraud alerts so that <<customer_name>> may take action it deems appropriate.

  • Violence in the Workplace (a) The parties agree that violence shall be defined as any incident in which an employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incidents will not be condoned. Any employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, employees as referred to herein shall mean all employees of the Employer notwithstanding Article 2.12. (b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to employees who have faced workplace violence. These policies and procedures shall be communicated to all employees. The local parties will consider appropriate measures and procedures in consultation with the Joint Health and Safety Committee to address violence in the workplace, which may include, among other measures and procedures: i) Alert employees about a person with a known history of aggressive and responsive behaviours and their known triggers by means of: A) electronic and/or other appropriate flagging systems, B) direct verbal communication / alerts (i.e. shift reports), ii) Communicate and provide appropriate training and education, iii) Reporting all incidents of workplace violence, iv) Long-term care home wide violence risk assessments. (c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review. (d) The Employer agrees to provide training and information on the prevention of violence to all employees who come into contact with potentially aggressive persons. This training will be done during a new employee’s orientation and updated as required. (e) Subject to appropriate legislation, and with the employee’s consent, the Employer will inform the Union within three (3) days of any employee who has been subjected to violence while performing his/her work. Such information shall be submitted in writing to the Union as soon as practicable.

  • Nonappropriation Agency’s obligation to pay any amounts and otherwise perform its duties under this Grant is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its obligations under this Grant. Nothing in this Grant may be construed as permitting any violation of Article XI, Section 7 of the Oregon Constitution or any other law limiting the activities, liabilities or monetary obligations of Agency.

  • Negligent or Willful Damage Un- designated timber meeting Utilization Standards and un- necessarily damaged or negligently or willfully cut by Pur- chaser, if included by Contracting Officer.

  • Increasing Seat Belt Use in the United States E.O. 13043, amended by E.O. 13652, requires Recipients to encourage employees and contractors to enforce on-the-job seat belt policies and programs when operating company- owned, rented or personally-owned vehicle.

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  • Damage to Government Property A. In the event of loss, destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency’s employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Performing Agency shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1) business day. Performing Agency shall reimburse System Agency and the State of Texas for such property damage within 10 calendar days after Performing Agency’s receipt of System Agency’s notice of amount due.

Most Referenced Clauses

Most Referenced Definitions