Facilities Ownership. At such time that all debt service and related obligations have been satisfied, the proposed new school facilities will be owned by FSUS, Inc. on behalf of the DRCS. The FSUS, Inc. shall have the right to possess such property for its operation during the term of the Charter, but will allow other organizations appropriate usage when practically available as determined by FSUS, Inc. policy and administration. Provided further, however, that any such users of the facilities will be responsible for the reasonable costs of operation, maintenance, security, damage, depreciation, and insurance associated with such use.

Facilities Ownership. 2.1. The host AGENCY grants the requesting AGENCY use of the Facility in accordance with the terms of this IGA. 2.2. The host AGENCY shall be the owner and/or operator of the Facility. 2.3. The requesting AGENCY shall be the owner of the communications equipment installed within or on the Facility.

Facilities Ownership. The City will own all land and capital improvements comprising the Project. To the extent not in conflict with the LGC’s authority set forth in its by-laws and certificate of formation, the LGC may delegate its obligations by and through third-party agreements, including but not limited to development, use, and operations agreements.

Facilities Ownership. As described in the Original Lease, Municipality is considered the owner of all of the station building, platforms, canopies, stairways, lighting, shelters, entrances and exits, restroom facilities, sidewalks, parking improvements, driveways and walkways (collectively, these improvements, including any subsequent improvements thereto or replacements thereof, are referred to herein as the "Facilities") located on the Leased Premises. It is agreed by Municipality and BNSF that Municipality shall be the owner of the Facilities during the Term of this Agreement. Notwithstanding the foregoing, in the event that this Agreement is terminated for any reason without renewal or replacement by another agreement governing the lease arrangement of the Leased Premises between BNSF and Municipality, the Facilities on the Leased Premises, upon request by BNSF, shall become the property of BNSF. Upon BNSF's request, and for no additional consideration, Municipality agrees to convey the applicable Facilities located on the Leased Premises to BNSF via a xxxx of sale in form and substance reasonably acceptable to BNSF. If BNSF does not elect to take all Facilities, Municipality will have the option to either remove such Facilities within sixty (60) days or abandon the same. If abandoned, such Facilities shall become the property of BNSF, and Municipality shall provide a xxxx of sale conveying the same to BNSF upon request by BNSF. Municipality's obligations under this Section 1.C shall expressly survive termination of this Agreement.

Facilities Ownership. The Parties agree that all State-owned petroleum facilities (production, processing and transportation facilities) constructed or installed for the petroleum operations shall be the property of, and subject to the jurisdiction of, the State on or underneath whose territory such facilities are placed. The same principle shall apply to facilities that are part- owned by the State, to the extent of such State ownership. The principle in this Article 2 shall apply to both fixed assets and movable assets used for the operation of such fixed assets. 3 EXPLORATION AND PRODUCTION SHARING AGREEMENTS (”EPSAS”)‌ Following secession of the South, each party shall engage with the operating companies to agree the necessary arrangements and procedures to ensure continued uninterrupted petroleum operations – while maintaining the material provisions of the EPSAs. For EPSAs where the contract area includes areas on both sides of the common border and there is currently production, the North undertakes to maintain the EPSAs unchanged apart from a reduction of the applicable contract area, production sharing tiers, ring fences and other consequential changes. For EPSAs where the contract area includes areas on both sides of the common border and there is currently production, the South undertakes to enter into new EPSAs covering the contract area south of the border, addressing the reduction of the applicable contract area, production sharing tiers, ring fences and other consequential changes into consideration, but subject to a review of the terms of such EPSA. Government entitlements of Profit Oil shall not be reduced below the aggregate volumes of Profit oil that would have been allocated to the sole Government Party under those EPSAs had the splitting of the EPSAs not occurred. For the avoidance of doubt, no petroleum produced in one State shall be used to recover costs for facilities, assets and operations in the other State.

Facilities Ownership. 2.1. Tempe is the owner of the Facility. Any access to the Conduit System for purposes of installation or repair requires the pre-approval of Tempe. If the Sharing Agreement or this Supplement 1 is ever terminated, ASU shall be responsible to remove all of its fiber optic cable and to restore the property to its pre-existing condition. 2.2. Any fiber optic cable installed by ASU within the Conduit System shall be the property of ASU. ASU is solely responsible for any repair or maintenance required to such fiber optic cable. ASU is responsible for all costs for installation of the fiber optic cable system including, but not limited to, required building penetrations, additional interdict, vaults or sleeves, and pull tape. 2.3. Tempe will continue to provide maintenance and repair to the Conduit System and all associated vaults and manholes.

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FUND TRANSFER FACILITIES VIA TBS The Account Holder may apply, in accordance with the Bank’s prescribed procedure then prevailing and the Bank may, in its reasonable discretion, permit the Account Holder to operate such fund transfer facilities via the TBS, including without limitation, GIRO or direct debit banking system as may be made available by the Bank from time to time. The Account Holder acknowledges that the operation of such fund transfer facilities shall be subject to the relevant terms and conditions governing such facilities.
Termination of Facilities Declare the principal of and interest on the Loans, the Notes and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(j) or (k), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.
State Facilities If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.
Office Facilities During the period of employment, Executive shall have his office where the Corporation’s principal executive offices are located from time to time, which currently are at 3000 Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxx, and the Corporation shall furnish Executive with office facilities reasonably suitable to his position at such location.
Facilities Study In analyzing and preparing the Facilities Study, and in designing and constructing the Attachment Facilities, Local Upgrades and/or Network Upgrades described in the Specifications attached to this ISA, Transmission Provider, the Interconnected Transmission Owner(s), and any other subcontractors employed by Transmission Provider have had to, and shall have to, rely on information provided by Interconnection Customer and possibly by third parties and may not have control over the accuracy of such information. Accordingly, NEITHER TRANSMISSION PROVIDER, THE INTERCONNECTED TRANSMISSION OWNER(s), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY TRANSMISSION PROVIDER OR INTERCONNECTED TRANSMISSION OWNER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE FACILITIES STUDY OR THE SYSTEM IMPACT STUDY IF A FACILITIES STUDY WAS NOT REQUIRED OR OF THE ATTACHMENT FACILITIES, THE LOCAL UPGRADES AND/OR THE NETWORK UPGRADES, PROVIDED, HOWEVER, that Transmission Provider warrants that the Transmission Owner Interconnection Facilities and any Merchant Transmission Upgrades described in the Specifications will be designed and constructed (to the extent that Interconnected Transmission Owner is responsible for design and construction thereof) and operated in accordance with Good Utility Practice, as such term is defined in the Operating Agreement. Interconnection Customer acknowledges that it has not relied on any representations or warranties not specifically set forth herein and that no such representations or warranties have formed the basis of its bargain hereunder.
Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.
Agreements, Etc Other than the Leases, the Seller has not entered into any contract or agreement with respect to the Property which will be binding on the Purchaser after the Closing other than contracts and agreements being assumed by the Purchaser or which are terminable upon thirty (30) days notice without payment of premium or penalty.
Use of State Facilities Where there is available appropriate meeting space in buildings owned or leased by the State, MSEA-SEIU shall be allowed reasonable use of such space at reasonable times for specific meetings, including space suitable for meetings in private between MSEA-SEIU staff representatives or stewards and employees in the investigation and processing of grievances. In addition, in buildings owned or leased by the State that have video conferencing facilities, MSEA-SEIU may be allowed reasonable use of those facilities. Advance arrangements for the use of State facilities shall be made with the department or agency concerned. MSEA-SEIU shall reimburse the State for any additional expense incurred in allowing use of such space. No other employee organization, except such as have been certified or recognized as the bargaining agent for other State employees, shall have the right to meeting space in State facilities for purposes pertaining to terms and conditions of employment of employees. The use of State facilities for meetings shall be in non-work areas or where work is not in progress. Other than meetings in private between MSEA- SEIU staff representatives or stewards and employees in the investigation and processing of grievances, all meetings in State facilities shall be during the off- duty time of employees attending and, in all instances, attendance shall be voluntary. Arrangements for any meetings in State facilities will be made so as to avoid interference with the department's or agency's operations or violation of the department's or agency's security.
Condition of Tangible Assets All buildings, structures, facilities, equipment and other material items of tangible property and assets included in the Assets are in good operating condition and repair, subject to normal wear and maintenance, are usable in the regular and ordinary course of business and conform to all applicable laws, ordinances, codes, rules and regulations relating to their construction, use and operation.
MANAGEMENT OF EVALUATION OUTCOMES 12.1 Where the Employer is, any time during the Employee’s employment, not satisfied with the Employee’s performance with respect to any matter dealt with in this Agreement, the Employer will give notice to the Employee to attend a meeting; 12.2 The Employee will have the opportunity at the meeting to satisfy the Employer of the measures being taken to ensure that his performance becomes satisfactory and any programme, including any dates, for implementing these measures; 12.3 Where there is a dispute or difference as to the performance of the Employee under this Agreement, the Parties will confer with a view to resolving the dispute or difference; and 12.4 In the case of unacceptable performance, the Employer shall – 12.4.1 Provide systematic remedial or developmental support to assist the Employee to improve his performance; and 12.4.2 After appropriate performance counselling and having provided the necessary guidance and/or support as well as reasonable time for improvement in performance, the Employer may consider steps to terminate the contract of employment of the Employee on grounds of unfitness or incapacity to carry out his or her duties.

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