Franklin Plant Sample Clauses

Franklin Plant. 29 ARTICLE 8 - POST-CLOSING AGREEMENTS
AutoNDA by SimpleDocs
Franklin Plant. The parties acknowledge that the Franklin -------------- Land is part of a larger industrial plant facility (the balance of the land owned by Hercules and adjacent to the Franklin Land is hereinafter referred to as the "Franklin Retained Property"). On the Closing Date: (a) Hercules, as landlord, and Buyer, as tenant, shall enter into a ground lease agreement on the terms and conditions set forth in Schedule -------- 7. (a) (the "Franklin Ground Lease"); -------- (b) Hercules shall convey to Buyer by xxxx of sale and special warranty deed (or its equivalent) all of Hercules's right, title and interest in the Franklin Buildings and Hercules shall deliver zoning compliance letters or other reasonable evidence confirming that the Owned Real Property is zoned to allow the operation of the Peroxides Business; (c) At its expense, Buyer shall have the right, but not the obligation, to obtain an ALTA leasehold policy of title insurance from the Title Company insuring Buyer's leasehold interest in the Franklin Land and fee simple title to the Franklin Buildings, free and clear of all Encumbrances other than the Permitted Encumbrances, in an amount equal to that portion of the Purchase Price allocated to the Franklin Plant in accordance with Section 2.18, with standard exceptions deleted, with affirmative insurance as to any recorded appurtenant easements, and such other endorsements reasonably requested by Buyer (the "Franklin Leasehold Policy"); (d) at Hercules's cost, Hercules shall deliver to Buyer a survey of the Franklin Plant, which survey shall contain a metes and bounds description of the entire land owned by Hercules or any Affiliate of Hercules and located in Franklin, Southampton County, Virginia, the Franklin Land, the common access areas serving the Peroxides Business (the "Franklin Common Areas") and all utilities serving the Peroxides Business (the "Franklin Survey"). To the extent Buyer requires an ALTA Survey which may require additional detail other than as provided by the Franklin Survey, then any such additional survey requirements shall be performed at Buyer's cost; (e) Hercules shall cause to be executed and delivered to Buyer a commercially reasonable non-disturbance agreement from the holder of any Lien encumbering the Franklin Plant on the Closing Date in the form and substance of Schedule 7.9.2(e); ----------------- (f) Hercules shall cause to be executed and recorded a Declaration of Cross Access and Utility Easements and Restrictions in ...
Franklin Plant. Seller shall prosecute, using best efforts, the challenge to the recognition and certification under the National Labor Relations Act, as amended, and the regulation promulgated thereunder, as amended, of the United Auto Workers' Union as the collective bargaining representative of the employees of Seller's plant located in Franklin, Kentucky, and use its best efforts to preserve the rights of Buyer to prosecute such challenge from and after the Closing.

Related to Franklin Plant

  • Dewatering (a) Where the whole of a site is so affected by surface water following a period of rain that all productive work is suspended by agreement of the Parties, then dewatering shall proceed as above with Employees so engaged being paid at penalty rates as is the case for safety rectification work. This work is typically performed by Employees engaged within CW1, CW2 or CW3 classifications. When other Employees are undertaking productive work in an area or areas not so affected then dewatering will only attract single time rates. (b) Where a part of a site is affected by surface water following a period of rain, thus rendering some areas unsafe for productive work, consistent with the Employer’s obligations under the OH&S Act, appropriate Employees shall assist in the tidying up of their own work site or area if it is so affected. Where required, appropriate Employees will be provided with the appropriate PPE. Such work to be paid at single time rates. Productive work will continue in areas not so affected. (c) To avoid any confusion any ‘dewatering’ time which prevents an Employee from being engaged in their normal productive work is not included in any calculation for the purposes of determining whether an Employee is entitled to go home due to wet weather (refer clauses 32.4 and 32.5)

  • Fish and Wildlife Service 2002c. Colorado pikeminnow (Ptychocheilus lucius) recovery goals: amendment and supplement to the Colorado Squawfish Recovery Plan.

  • WATERBEDS The Tenant: (check one)

  • Cemetery The Local Church agrees and insures that, after the Disaffiliation Date, its cemetery and/or columbarium, will continue to be maintained in substantially the same manner as presently maintained. In addition, Local Church will honor any and all contracts, deeds, and agreements for burial and/or internment in its cemetery or columbarium, as well as insuring and continued access for families and loved ones of United Methodists buried there and for burials in unfilled xxxxxx and columbarium slots (including granting an access easement to the Conference and members of the United Methodist Church for visitations, historical research, and related purposes).

  • Drainage Systems (1) Clear culvert inlets, outlets, and sediment catching basins. (2) Maintain waterbars, drainage dips, and other water diversion measures. (3) During active use, patrol and maintain functional drainage. (4) Repair damaged culvert ends.

  • Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

  • Radiation Therapy/Chemotherapy Services This plan covers chemotherapy and radiation services. This plan covers respiratory therapy services. When respiratory services are provided in your home, as part of a home care program, durable medical equipment, supplies, and oxygen are covered as a durable medical equipment service.

  • Infrastructure Infrastructure serves as the foundation and building blocks of an integrated IT solution. It is the hardware which supports Application Services (C.3.2) and IT Management Services (C.3.3); the software and services which enable that hardware to function; and the hardware, software, and services which allow for secure communication and interoperability between all business and application service components. Infrastructure services facilitate the development and maintenance of critical IT infrastructures required to support Federal government business operations. This section includes the technical framework components that make up integrated IT solutions. One or any combination of these components may be used to deliver IT solutions intended to perform a wide array of functions which allow agencies to deliver services to their customers (or users), whether internal or external, in an efficient and effective manner. Infrastructure includes hardware, software, licensing, technical support, and warranty services from third party sources, as well as technological refreshment and enhancements for that hardware and software. This section is aligned with the FEA/DoDEA Technical Reference Model (TRM) which describes these components using a vocabulary that is common throughout the entire Federal government. A detailed review of the TRM is provided in Section J, Attachment 5. Infrastructure includes complete life cycle support for all hardware, software, and services represented above, including planning, analysis, research and development, design, development, integration and testing, implementation, operations and maintenance, information assurance, and final disposition of these components. The services also include administration and help desk functions necessary to support the IT infrastructure (e.g., desktop support, network administration). Infrastructure components of an integrated IT solution can be categorized as follows:

  • Cloud storage DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (a) Contractor has written procedures in place governing use of the Cloud storage and Contractor attests in writing that all such procedures will be uniformly followed. (b) The Data will be Encrypted while within the Contractor network. (c) The Data will remain Encrypted during transmission to the Cloud. (d) The Data will remain Encrypted at all times while residing within the Cloud storage solution. (e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DSHS. (f) The Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DSHS or Contractor networks. (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor’s network. (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is FedRAMP certified. (3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution.

  • Surgery Services This plan covers surgery services to treat a disease or injury when: • the operation is not experimental or investigational, or cosmetic in nature; • the operation is being performed at the appropriate place of service; and • the physician is licensed to perform the surgery. This plan covers reconstructive surgery and procedures when the services are performed to relieve pain, or to correct or improve bodily function that is impaired as a result of: • a birth defect; • an accidental injury; • a disease; or • a previous covered surgical procedure. Functional indications for surgical correction do not include psychological, psychiatric or emotional reasons. This plan covers the procedures listed below to treat functional impairments. • abdominal wall surgery including panniculectomy (other than an abdominoplasty); • blepharoplasty and ptosis repair; • gastric bypass or gastric banding; • nasal reconstruction and septorhinoplasty; • orthognathic surgery including mandibular and maxillary osteotomy; • reduction mammoplasty; • removal of breast implants; • removal or treatment of proliferative vascular lesions and hemangiomas; • treatment of varicose veins; or • gynecomastia.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!