FURTHER TERMS. For a period of three years following the date hereof, Buyer shall not contact Seller's employees, customers, landlords, or suppliers, or otherwise observe or monitor the Business, without Seller's consent; nor shall Buyer directly or indirectly solicit for employment any employees of Seller. Seller and Xxxxxx's successors, and Broker if applicable, are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Xxxxx and Seller. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the County and State where Seller’s principal placed of business located. Buyer acknowledges that it would be extremely difficult to measure the amount of damages to Seller and/or Broker arising from a breach or threatened breach of any provision of this Agreement, and that money damages would be an inadequate remedy. Seller and/or Broker shall be entitled to temporary and permanent injunctive relief to restrain the Buyer from any such breach or threatened breach. This Agreement may be signed in counterparts and faxed or emailed, and electronic signatures may be considered as originals. If Buyer is a corporation, limited liability company, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and represents and warrants that he or she is duly authorized to do so. In the event of any litigation to enforce this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorneys' fees and court costs, in addition to such other relief as may be awarded. Buyer acknowledges retention of a fully completed copy of this Agreement.
FURTHER TERMS. Neither Buyer nor Buyer’s agents will contact Seller’s employees, customers, landlords, or suppliers, nor linger, or otherwise observe the Business, without Seller’s consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. Broker may act as a dual agent representing both Buyer and Seller. Seller and Seller’s successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Broker and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the office of the listing broker is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originals. If Buyer is a corporation, partnership or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. Buyer acknowledges receipt of a fully completed copy of this Agreement.
FURTHER TERMS. The further use of any replaced PV-module will be determined individually by Suntech.
FURTHER TERMS. Neither Buyer nor Buyer’s agents will contact Seller’s employees, customers, landlords, or suppliers, nor linger, or otherwise observe the Business, without Seller’s consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. Broker may act as dual agent representing both Buyer and Seller. Seller and Seller’s successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Broker and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the office of the listing broker is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originals. If Buyer is a corporation, partnership or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. Buyer acknowledges receipt of a fully completed copy of this Agreement. Print Name Date Cell Phone Signature Business Phone Street Address Email for Receiving Confidential Info XXXXXX XXXXX LIC# 01376277 City, State, ZIP The M&A Brokers’ Agent Buyer Profile (please print your name) The seller has asked for the following information about you. Once we receive this document along with your signed Confidentiality Agreement, we will be able to proceed.
1. Are you currently employed? If yes, in what industry What position? briefly describe your current responsibilities:
2. Do you have any degrees or licenses? If yes, what are they?
3. If you have a complete and current resume please attach it. If not please briefly describe your background.
4. What is your current annual income?
5. What are your income expectations the first year of owning your own business?
FURTHER TERMS. Neither Buyer nor Buyer's agents will contact Seller's employees, customers, landlords, or suppliers, nor linger, or otherwise observe the Business, without Seller's consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. BTI may act as a dual agent representing both Buyer and Seller. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both BTI and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees except that any party found in those proceedings, to have failed to mediate in good faith shall not be entitled to attorney fees and costs. The venue shall be the county in which the BTI listing office is located. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the Business is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originals. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. Buyer acknowledges receipt of a fully completed copy of this Agreement.
FURTHER TERMS. Not applicable Item 10 Lessee’s Insurance Obligations Without affecting any further insurance to be effected by the Lessee as specified by the Lessor in writing to the Lessee, the Lessee shall effect policies of insurance in respect of:
FURTHER TERMS. The parties also agree:
A. Tenant represents that Tenant has dealt directly with and only with the Tenant Representative set forth on the Data Sheet, in connection with this Lease and that insofar as Tenant knows, no other broker or Tenant Representative negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith.
B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of mailing such notice.
C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article 14, may be commenced and prosecuted to final judgment and execution by Landlord or its agent.
D. Landlord covenants and agrees that Tenant, upon paying the Base Rent, Additional Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease.
E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and assigns.
F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the state in which the Premises are located.
(1) The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility ...
FURTHER TERMS. 10.2.1 This Agreement constitutes the entire agreement between the parties and may only be amended by agreement in writing between the parties;
FURTHER TERMS. 4.1. The Owner shall following the execution of this Undertaking give a certified copy of this Undertaking to the Council
4.2. The covenants in this Undertaking shall be treated and registered as local land charges for the purposes of the Local Land Charges Act 1975
FURTHER TERMS. 12.1 The Council will grant a new Lease of the Land for the next of the further term(s) (if any) set out in item 7 of Schedule 1 if the Tenant gives the Council a written request for renewal not more than six months or less than three months before this Lease expires. The date until which any option is exercisable is set out in item 8 of Schedule 1.
12.2 The Council will not be obliged to grant a new Lease if:
12.2.1 there is at the time of such request an existing breach or non-observance of any of any of the covenants and agreements on the part of the Tenant to be observed and performed; or
12.2.2 there is any unremedied default of which the Council has given the Tenant written notice; or
12.2.3 the Tenant has persistently defaulted under this Lease throughout its term.
12.3 The new lease shall:
12.3.1 commence on the date after this Lease expires or on such later date as the parties may agree;
12.3.2 be at a rental agreed by the parties or if they do not agree be determined in the manner set out in Clause 11; and
12.3.3 be on the terms and conditions contained in this Lease including any provisions for the review of rental but not including any provisions for renewal in the case of the last of the further terms.
12.4 If the Tenant is a corporation, it must obtain guarantees of its obligations under the renewed lease from its directors in the form of clause 16.
