Common use of etc Clause in Contracts

etc. JPMorgan shall watch for the dates of expiration of (a) all purJPMorgan or sale rights (including warrants, puts, calls and the like) attached to or inherent in any of the Securities held in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16.

etc. JPMorgan Not to assign, transfer, mortgage or ---------------------------- pledge this Lease or to sublease (which term shall watch for be deemed to include the dates granting of expiration of (a) all purJPMorgan or sale rights (including warrants, puts, calls concessions and licenses and the like) attached to all or inherent in any part of the Securities held Premises or suffer or permit this Lease or the leasehold estate hereby created or any other rights arising under this Lease to be assigned, transferred or encumbered, in whole or in part, whether voluntarily, involuntarily or by operation of law, or permit the occupancy of the Premises by anyone other than Tenant without the prior written approval of Landlord, such approval not to be unreasonably withheld or delayed; provided however that Tenant may assign this Lease or sublet any portion or all of the Premises without Landlord's approval (but with written notice to Landlord) to any corporation, partnership, trust, association or other business organization directly or indirectly controlling or controlled by Tenant or to any successor by merger, consolidation or acquisition of all or substantially all of the assets of Tenant. Except as permitted in the Custody Account preceding sentence, any attempted assignment, transfer, mortgage, pledge, sublease or other encumbrance without the prior written consent of Landlord shall be void. If Landlord shall consent to any assignment or sublease, Tenant shall, upon receipt thereof, pay Landlord one-half (1/2) of the excess, if any, of (i) the sum of all Fixed Rent and Additional Rent paid under the sublease or assignment by the sublessee or assignee to the Tenant less (ii) (X) that part of the Fixed Rent and Additional Rent hereunder allocated to the subleased space and accruing for the corresponding period during the term of the sublease and (Y) (a) any reasonable and customary brokerage, legal and other customary fees incurred by the Tenant in connection with such subletting, (b) conversion rights the costs, if any, actually incurred by the Tenant to prepare the subleased premises for the sublessee's occupancy (but not the cost of Tenant's Work), including, any cash allowance in lieu of work, (c) any rent concession granted to any sublessee, and conversion price changes for each convertible Security held (d) any architectural legal, engineering, accounting fees paid or incurred in connection with such subletting. Tenant shall commence payment of Landlord share of such excess once Tenant has recouped its costs in (i) and (ii). No assignment, transfer, mortgage, sublease or other encumbrance, whether or not approved, and no indulgence granted by Landlord to any assignee or sublessee, shall in any way impair the continuing primary liability (which after an assignment shall be joint and several with the assignee) of Tenant hereunder, and no approval in a particular instance shall be deemed to be a waiver of the obligation to obtain Landlord's approval in the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or case of any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan assignment or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16subletting.

etc. JPMorgan shall watch for the dates of expiration of (a) all purJPMorgan purchase or sale rights (including warrants, puts, calls and the like) attached to or inherent in any of the Securities held in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16.

etc. JPMorgan 6.01 If Landlord shall watch for re-enter the dates Premises on the default of expiration of Tenant, by sumary proceedings or otherwise: (a) all purJPMorgan or sale rights (including warrants, puts, calls and Landlord may re-let the like) attached to or inherent in any of the Securities held in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan Premises or any JPMorgan Branchpart thereof, Foreign Bank or Foreign Securities Depository shall receive any proxiesas Tenant's agent, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan Landlord, or otherwise, for a term shorter or longer than the balance of the Term, and may grant concessions or free rent; (b) Tenant shall pay Landlord any deficiency between the Rent hereby reserved and the net amount of any rents collected by Landlord for the remaining Term, through such nomineere-letting. Such deficiency shall become due and payable monthly, as the case may be, may be exercisedit is determined. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch Landlord shall have no obligation to re-let the Premises, and its failure or refusal to do so, or failure to collect rent on re-letting, shall not affect Tenant's liability hereunder. In computing the net amount of rents collected through such re-letting, Landlord may deduct all customary expenses incurred in obtaining possession or re-letting the Premises, including legal expenses and fees, brokerage fees, the cost of restoring the Premises to good order, and the cost of all alterations and decorations deemed necessary by Landlord to effect re-letting. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term of this Lease; (c) Tenant hereby expressly waives any loss right of redemption anted by any present or liability occasioned by delay future law. "Re-enter" and"re-entry'' as used in this Lease are not restricted to their technical legal meaning. In the actual receipt by them event of a breach or any Foreign Bank or Foreign Securities Depository threatened breach of notice of any payment or redemption which does not appear in any of the publications referred covenants or provisions hereof, Landlord shall have the right of injunction. Mention herein of any particular remedy shall not preclude Landlord from any other available remedy; (d) Landlord shall recover as liquidated damages, in addition to accrued Rent and other charges, if Landlord's re-entry is the result of Tenant's bankruptcy, insolvency, or reorganization, the full rental for the maximum period allowed by any act relating to bankruptcy, insolvency or reorganization. 6.02 If Landlord re-enters the Premises for any cause, or if Tenant abandons the Premises, or after the expiration of the Term of this Lease, any property left in the first sentence Premises by Tenant shall be deemed to have been abandoned by Tenant, and Landlord shall have the right to retain or dispose of this Section 16such property in any manner without any obligation to account therefor to Tenant. If Tenant shall at any time default after notice and beyond the expiration of any applicable cure period hereunder, and if Landlord shall institute an action or sumary proceeding against Tenant based upon such default, then Tenant will reimburse Landlord for the legal expenses and fees thereby incurred by Landlord.

etc. JPMorgan 48.01 Tenant shall, at its own cost and expense, store and dispose of all of its garbage and waste matter in a manner which prevents the emanation ofany odor and effluent and in compliance with the rules established by Landlord from time to time and those ofall governmental agencies havingjurisdiction. Without limiting the generality ofthe foregoing, all refuse shall watch for be kept in airtight containers, and removed from the dates Premises via the route designated by Landlord in heavy duty plastic bags to a location in or near the Building designated by Landlord, at least once a day during hours designated by Landlord. In removing such garbage and waste matter from the Premises, Tenant shall use closed containers of expiration of (a) all purJPMorgan or sale rights (including warrants, puts, calls and the like) attached to or inherent in any of the Securities held such a nature that in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in process ofsuch removal no refuse or waste matter shall spill or flow from such containers. Tenant shall pay the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice cost of such removal directly to the Trust as provided in Section 21 as carting company supplying such service to any change, addition and/or omission in Tenant. All deliveries shall be made to and from the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of Premises via the Securities held in route and during the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be hours designated by the Trust proxies, consents, authorizations Landlord from time to time and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorganLandlord's rules and regulations. Without limiting the generality of the foregoing or any other provision ofthis Lease, or such other person or persons as designated in or pursuant Tenant shall not permit any deliveries to be placed on the sidewalks adjacent to the Operating AgreementPremises or impede the flow of pedestrian traffic and/or deliveries into or out of the Building. 48.02 Tenant shall, at its own expense, keep and maintain the entire interior ofthe Premises in clean and orderly condition at all times. JPMorgan The interior of the Premises shall be cleaned thoroughly at least once daily by Tenant. All carpets and any JPMorgan Branch upholstered furniture in the Premises shall be kept clean and in good repair at all times. 48.03 Tenant, at its own cost and expense, shall keep the Premises free from vermin, rodents or anything of like objectionable nature, and shall employ only such pest, insect or exterminating contractors as are approved by Landlord, which approval Landlord agrees shall not be unreasonably withhold. In the event of Tenant's failure to keep the Premises free from vermin, the Landlord after five (5) days' notice shall have no liability the right, at the Tenant's expense, to take all necessary or proper measures to exterminate any and all vermin from the Premises. 48.04 Any failure of Tenant to comply with the provisions of this Article shall constitute a material and substantial default by Tenant under the terms ofthis Lease for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any default Landlord shall have all of the publications referred remedies available to it under this Lease, at law and in the first sentence of this Section 16equity.

etc. JPMorgan Borrower shall watch promptly pay all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the dates use of expiration vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Taxes”), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Other Charges”), and all charges for utility services provided to the Property prior to the time same become delinquent. Borrower will deliver to Lender, promptly upon Lender’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property (“Liens”). Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of (a) all purJPMorgan this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. Borrower shall not be required to pay any Taxes, Other Charges or sale rights (including warrantsLiens so long as Borrower shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Taxes, puts, calls Other Charges or Liens so contested and the like) attached to or inherent in any sale of the Securities held in Property, or any part thereof to satisfy the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in the Custody Account as published in Telstat Servicessame, Inc.provided that borrower shall, Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice to the Trust as provided in Section 21 as prior to any changesuch contest, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any have given such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person security as may be designated reasonably required by the Trust proxies, consents, authorizations Lender to ensure such payments and prevent any other instruments whereby the authority sale or forfeiture of the Trust as owner Property by reason of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may nonpayment. Any such contest shall be exercised. JPMorgan shall vote Securities prosecuted in accordance with Written Instructions timely received by JPMorganthe laws and rules pertaining to such contests and in all events with due diligence and Borrower shall promptly after final determination thereof pay the amount of any such Tax, Other Charge or Lien so determined, together with all interest and penalties, which may be payable in connection therewith. Notwithstanding the provisions of this Section, Borrower shall (and if Borrower shall fail so to do, Lender may but shall not be required to) pay any such other person Taxes, Other Charges or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay Liens notwithstanding such contest if in the actual receipt by them reasonable opinion of Lender, the Property shall be in jeopardy or any Foreign Bank in danger of being forfeited or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16foreclosed.

etc. JPMorgan shall watch insert specific descriptions here. Use as many lines as needed.) 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID) or Utility Local Improvement District (ULID) proceedings for the dates construction of expiration said improvements described in Section 2 herein. For purposes of (a) all purJPMorgan this Instrument, “rights of protest” shall mean only those formal rights to protest contained within the LID or sale rights (including warrantsULID statutes, putsexcept, calls and however, nothing herein shall constitute a waiver by the like) attached to OWNER or inherent the OWNER’s heirs, assigns or successors in any interest, of the Securities held right to object to the OWNER’s individual assessment amount or to appeal to the Superior Court the decision of the Council affirming the final assessment role, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the Director of Public Works of the City of Lacey, or his successor in interest or designees, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders of other persons who may claim an interest in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in property described hereinabove, to accomplish the Custody Account following: At such time as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood a Local Improvement District or Utility Local Improvement District is proposed that JPMorgan may give notice would cause said improvements to be made available to the Trust as provided in Section 21 as OWNER’s property described hereinabove, to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or execute a Petition on behalf of the OWNER for the creation of such LID or ULID. This Special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trustpower coupled with an interest which may not be terminated. In addition, JPMorgan This Special Power of Attorney shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested not be affected by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority disability of the Trust as owner of any Securities OWNER. 5. If the OWNER fails to perform in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities good faith in accordance with Written Instructions timely received by JPMorganthis Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or such may pursue other person equitable or persons as designated in or pursuant to legal remedies. 6. The OWNER hereby declares that is/are the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any sole owner(s) of the publications referred property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. 7. This Instrument constitutes a covenant running with the land and shall be binding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of compliance with RCW 35.43.182, the first sentence effective term of this Section 16Instrument shall be a period of ten years from the date hereof.

etc. JPMorgan Chase shall watch for the dates of expiration of (a) all purJPMorgan purchase or sale rights (including warrants, puts, calls and the like) attached to or inherent in any of the Securities held in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held in the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan Chase may give notice to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan Chase for these purposes). If JPMorgan Chase or any JPMorgan Chase Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, or other communications relative to ANY of the Securities held in the Custody Account, JPMorgan Chase shall, on its behalf or on behalf of a JPMorgan Chase Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing any such communication to the Trust. In addition, JPMorgan Chase shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan Chase shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan Chase or such nominee, as the case may be, may be exercised. JPMorgan Chase shall vote Securities in accordance with Written Instructions timely received by JPMorganChase, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan Chase and any JPMorgan Chase Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16.

etc. JPMorgan The onduty District Chief shall watch have the authority to grant shift changes for his own platoon, subject to the dates persons involved signing the necessary Any person not complying to his statement of expiration replacement, may be charged with failure to report for duty. This authority always subject to approval of the Fire Chief or in his absence the Deputy Fire Chief. Repayment of time to substitute may be by shift and not necessarily by the hour for hour. Any change to the number of Officers duty must be at the discretion of the District Chiefs, for single shifts only. If lieu days are not being booked in a manner to make the system work fairly for all, the District Chief shall book employees into open slots. Each platoon shall be reviewed on a monthly so that a member of a platoon insofar as possible will have all lieu days taken in a contract year. of Vacation and Preferred Units shall be done by onduty personnel not on Vacation or Preferred Units in a maximum of forty eight hours or in extenuating circumstances, the District Chief shall extend the time. Personnel will if at all possible leave first and second choices of above before leaving on vacation or preferred units. It is further agreed that a written notice of any proposed change shall be submitted to the other party one week prior to such change being discussed. Such will contain the principal reason for requesting the change. This Schedule may be bearing in mind the needs of the Fire Service. New shall be issued on or before September 30th in each year in accordance with the following schedule: Issue to District Chiefs and Fire Prevention and Division Personnel Nylon Parka Every years three piece Uniform Every year shirts blue or white Every year Ties Every year Hat Blue As Required Issue to Fire Third Class to and (a) all purJPMorgan SeeItem Nylon Parka three piece Uniform Hat blue Pants Fatigue shirts Fatigue Shirts Fatigue As Required (see Item As Required (see Item As Required (see Item As Required (see Item As Required (see Item Every year Every year Provided that any item or sale rights items referred to above that has or have been received during any applicable corresponding period or periods prior to the effective date of the commencement of oration of the foregoing schedule shall be excluded from items received after such effective date but any item or items shall be received in respect of time (including warrants, puts, calls The foregoing schedule may be amended by mutual agreement by and between the Corporation and the like) attached to or inherent in any Association). Notwithstanding all of the Securities above, the following policy was agreed upon at a meeting between the Negotiating Committee of Council and the representatives of the Association held on March and adopted by Council at its meeting held on March (Item Report of the Personnel and Fire Committee). District Chiefs, Training Division and Fire Prevention personnel will be in Employees of the Fire Department will have the option of reporting for duty in full uniform of the day, or in (non issue) proper civilian attire. Employees opting to wear civilian attire shall confine themselves to normal street wear and shall not intermix uniform parts (Department issue) with their street clothes. In any event, the uniform or civilian attire shall be neat, clean and respectable in appearance. fatigue clothing does not conform to either dress uniform or civilian attireand therefore is not to be worn when reporting for or leaving duty. employee have at his daily place of duty a complete, neat, clean and respectable appearing uniform of the day. An employee shall not be permitted to relieve, be relieved, replace, be replaced or otherwise exchange place with another employee either is out of uniform. Uniforms in future will be issued only as required in the Custody Account and (b) conversion rights and conversion price changes sole opinion of the Fire Chief, or in his absence the Deputy Fire Chief. Permission to wear a uniform for each convertible Security held in any reason other than Fire Department or Borough business must be obtained from the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice Fire Chief or Deputy Fire Chief prior to the Trust as provided in Section 21 as date or time for which permission is requested. It without saying that while on duty employees should endeavour to any changeappearance that brings pride to the Fire Service, addition and/or omission in employees and the publications watched Department. July East York Fire Fighters Association Avenue, Ontario the terms of Article "Hours of and Article "Salaries" of the Collective April it is understood and agreed overtime be authorized by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reportsthe Fire Chief, or other communications relative designate, to ANY maintain the sixth (6th) Fighting (Apparatus) service. It is further understood agreed the overtime herein referred shall be for at the rate of Time and One-half the Securities held regular hourly rate of for all time worked, provided however, the Fire Chief, or designate, for very special reasons and at his sole discretion, may authorize equivalent time off in lieu of payment thereof. the Custody Accountforegoing also represents the Association's understanding and agreement, JPMorgan shall, on its behalf or would you please so for and on behalf of a JPMorgan Branchthe Association, Foreign Bank or Foreign Securities Depositoryby signing and the endorsement at the bottom of the original and one of the three enclosed copies of this letter, promptly transmit in writing any such communication original and copy to me. Alexander, Borough Clerk The East York Fire Fighters with the Trust. In additioncontent of all of hereby acknowledges its understanding and agreement EAST YORK FIRE FIGHTERS ASSOCIATION Xxxxxxx East York Fire Association Avenue, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified Ontario sir, As provided in the first sentence Memorandum of Agreement, dated April between the Negotiating of the Corporation and the Association, I confirm the Corporation’s understanding and agreement that a member desire to attend the Ontario Fire College or any educational course on his own time and at his own expense, the Corporation insure that the member receive any authorization that may be required from the Corporation. If the represents the Association’s understanding and agreement, would you please so for and on behalf of the Association, by signing and dating the endorsement at the bottom of the original and one of the three enclosed copies of this Section 16. As specifically requested by the Trustletter, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered returning such original and copy to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner of any Securities in the Custody Account registered in the name of JPMorgan or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in any of the publications referred to in the first sentence of this Section 16me.

etc. JPMorgan The Guarantor hereby expressly waives: (i) any defense to the recovery of a deficiency against the Borrower after any non-judicial sale of collateral under any mortgage or security agreement, notwithstanding that such sale may result in a loss by a Guarantor of the right to recover the deficiency from Borrower, (ii) any appraisement, valuation, stay, extension, moratorium redemption or similar law or similar rights for marshalling; and (iii) the benefit of all principles or provisions of law, statutory or otherwise, which are or might be in conflict with the terms of this Guarantee, and agrees that the obligations of the Guarantor shall watch for not be affected by any circumstances, whether or not referred to in this Guarantee, which might otherwise constitute a legal or equitable discharge of guarantors. Without limiting the dates generality of expiration of (a) all purJPMorgan or sale rights (including warrants, puts, calls and the like) attached to or inherent in any of the Securities held foregoing, until such time as all Obligations hereunder have been indefeasibly satisfied, the Guarantor hereby waives any right to be reimbursed by Borrower or any other guarantor of the Obligations for any payment of the Obligations made directly or indirectly by Guarantor or from any property of Guarantor, whether arising by way of any statutory I contractual or other right of subrogation, contribution, indemnification or otherwise. Without limiting the foregoing, the Guarantor understands that in the Custody Account and (b) conversion rights and conversion price changes for each convertible Security held absence of the waivers made in this paragraph 3, a Guarantor might have a defense against an action by the Custody Account as published in Telstat Services, Inc., Standard & Poor's Financial Inc. and/or any other publications listed in the Operating Agreement (it being understood that JPMorgan may give notice Secured Party to the Trust as provided in Section 21 as to any change, addition and/or omission in the publications watched by JPMorgan for these purposes). If JPMorgan or any JPMorgan Branch, Foreign Bank or Foreign Securities Depository shall receive any proxies, notices, reports, recover a deficiency from a Guarantor following a non-judicial foreclosure sale of real property or other communications relative collateral securing the Obligations, and the guarantor is specifically waiving those defenses and all other defenses. The Guarantor expressly agrees to ANY of the Securities held in the Custody Account, JPMorgan shall, on its behalf or on behalf of a JPMorgan Branch, Foreign Bank or Foreign Securities Depository, promptly transmit in writing remain liable for any such communication to the Trust. In addition, JPMorgan shall notify the Trust by person-to-person collect telephone concerning any such notices relating to any matters specified in the first sentence of this Section 16. As specifically requested by the Trust, JPMorgan shall execute or deliver or shall cause the nominee in whose name Securities are registered to execute and deliver to such person as may be designated by the Trust proxies, consents, authorizations and any other instruments whereby the authority of the Trust as owner deficiency remaining after foreclosure of any Securities in the Custody Account registered in the name of JPMorgan mortgage or such nominee, as the case may be, may be exercised. JPMorgan shall vote Securities in accordance with Written Instructions timely received by JPMorgan, or such other person or persons as designated in or pursuant to the Operating Agreement. JPMorgan and any JPMorgan Branch shall have no liability for any loss or liability occasioned by delay in the actual receipt by them or any Foreign Bank or Foreign Securities Depository of notice of any payment or redemption which does not appear in security interest securing any of the publications referred Obligations, whether or not the liability of the Borrower with respect to in any of the first sentence of this Section 16Obligations for such deficiency is discharged pursuant to statute or judicial decision.