Excluded Facilities. All Real Property (including any improvements located thereon) listed in Schedule 2.1.5.F (the “Excluded Facilities”) and personal property and other assets located at the Excluded Facilities.
Excluded Facilities. Except for funds described in Tenant's draw request pending as of the date of this Second Amendment, which may be made available to Tenant in accordance with the provisions of the Master Lease, no further funds from the Initial CapEx Funding (or otherwise) shall be available to Tenant to fund CapEx Items at the Facilities located in Tampa, Florida, Ocala, Florida and Lancaster, Texas. No future budget describing CapEx Items shall include any further requests for CapEx Items at such Facilities.
Excluded Facilities. 1.02(a) FWPCA........................................................... 4.13(a)
Excluded Facilities. 1. Xxxxxx Pure Milk Company - Birmingham, AL (Fluid Plant)
Excluded Facilities. Court at Vinings (within Prohibited Area of Atlanta, Georgia Facility)
Excluded Facilities. Unless specifically included in Paragraph 1 or 3, the following spaces and facilities are not covered by this agreement and may not be used by Licensee, its employees, agents, representatives, guests, patrons, exhibitors, independent contractors or invitees: Annex, Utility Rooms, Show Offices, Livestock Arena, Special Events Area and Exterior Grounds.
Excluded Facilities. If clause 3.6(c)(iv) applies, the Seller may at any time before Commercial Operation occurs in relation to the Undelivered Facility, nominate the relevant Undelivered Facility to be an Excluded Facility by written notice to INSW. If the Seller has nominated an Undelivered Facility to be an Excluded Facility in accordance with clause 3.7(a), with effect on and from the first day of the Quarter immediately following the Quarter in which the notice is given by the Seller under clause 3.7(a) and for the remainder of the Term (Excluded Facility Removal Period):
(i) the Seller must pay to INSW, within 20 Business Days of receipt of an invoice from INSW, the Facility Compensation Payment for that Excluded Facility; and
(ii) the Base Guaranteed Volume for each Year in part A of schedule 4 (including the Year in which the reductions in this clause 3.7(b) first takes effect) is reduced by deducting the aggregate Nominal Facility Volume for the Excluded Facility for each Quarter during the Excluded Facility Removal Period in each relevant Year; and
(iii) the Excluded Facility will cease to be a Facility for all purposes under this document.
(a) provided that each notice is given in respect of a different Undelivered Facility. The Parties acknowledge and agree that a Facility Compensation Payment:
(i) is a genuine pre-estimate of the loss, cost, expense and damage to INSW in the circumstances in which it is payable;
(ii) constitutes not more than fair and reasonable compensation for the damage which INSW will bear upon the occurrence of such circumstances; and
(iii) protects a legitimate commercial interest of INSW for the occurrence of such circumstances. Subject to clause 3.6(d), the Parties’ rights under this clause 3.7 will arise in the circumstances outlined in this clause regardless of the reason why the Seller has failed to achieve Commercial Operation for the relevant Undelivered Facility (including any reason referred to in clause 3.2 or 10).
Excluded Facilities. Sellers’ Affiliate’s n-butyl acetate and i-butyl acetate production facilities in Singapore, German Seller’s n-butyl acetate, i-butyl acetate and hi purity n-propanol production facilities in Frankfurt am Main, U.S. Seller’s propionic and butyric acid production facilities in Pampa, Texas, and all real, personal and intangible property and other Contracts, rights, interests, licenses and assets associated with such facilities;
Excluded Facilities. Notwithstanding anything contained herein, but in all cases subject to Sections 2.09, 4.02 and 5.03(h):
