Grounds for Removal. Xxxxx agrees NAPLES VACATION RENTALS LLC has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017), and agrees to vacate, agrees NAPLES VACATION RENTALS LLC has the right to remove Guest & Xxxxx’s party for breach of this agreement, and Guest will receive no refund and waives any statutory or other right to a refund. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The house is rented as is. NAPLES VACATION RENTALS LLC warrants property quality only in that it satisfies legal & express contractual requirements, notwithstanding any pictures and representations otherwise which were provided in good faith. Guest waives his/her/its right to claim the property was not as described.
Grounds for Removal. Xxxxx agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017), and agrees to vacate, agrees VRM has the right to remove Guest & Xxxxx’s party for breach of this agreement, and Guest will receive no refund and waives any statutory or other right to a refund. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The house is rented as is. VRM warrants property quality only in that it satisfies legal & express contractual requirements, notwithstanding any pictures and representations otherwise which were provided in good faith. Guest waives his/her/its right to claim the property was not as described. Opt In. By making a reservation, guest agrees to receive messages related to their booking, i.e. early check in confirmation, maintenance information, reporting issues, etc. from iTrip Marco Island to the provided mobile number. Message & data rates may apply. Reply STOP to cancel.
Grounds for Removal. Guest agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017), and agrees to vacate, agrees VRM has the right to remove Guest & Guest’s party for breach of this agreement, and Guest will receive no refund and waives any statutory or other right to a refund. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The house is rented as is. VRM warrants property quality only in that it satisfies legal & express contractual requirements, notwithstanding any pictures and representations otherwise which were provided in good faith. Guest waives his/her/its right to claim the property was not as described.
Grounds for Removal. FROM THE PLACEMENT PROGRAM
Grounds for Removal. Guest agrees The Mgt. Co. has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017). Xxxxx agrees to removal by police or to vacate the Property unless Mgt. Co. indicates otherwise. REMEDIES-The sole remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. WAIVERS-Mgt. Co. warrants property quality only to the extent it satisfies legal and contractual requirements, notwithstanding any pictures and presentations otherwise which, despite Mgt. Co.’s reasonable efforts otherwise, could be construed as not being not as described. And Guest waives his or her right to claim the property was not as described. REPLACEMENT COST-Guest will be charged 10% of the replacement cost for any administrative work required as a result of his/her/its own negligence or willful conduct.
Grounds for Removal. Students may be removed when they are creating an atmosphere that interferes with the learning rights of others. Students may be removed for such things as but not limited to:(1) insubordination, (2) disrespect, (3) fighting, (4) excessive noise, (5) destruction of property, (6) smoking, (7) possession or use of drugs or alcohol, or (8) failure to work. The teacher will inform the student why he/she is being removed.
Grounds for Removal. Subject to the notice and cure rights described in subsection (b) below and compliance with the Loan Documents, the Preferred Member shall have the right to remove the Managing Member for cause by delivering to it a written Notice of removal and stating the grounds for removal, which must be based upon or related to one or more of the following (“Removal Event”):
(1) the material breach of any provision of this Agreement by the Managing Member (including, without limitation, any provision concerning bankruptcy, minimum Sponsor Member or Sponsor Principal equity and Transfers);
(2) the Managing Member causes or permits the Company or any Subsidiary to sign any document, make any payment or take any other action that requires the approval as a Major Decision without obtaining such approval in accordance with Section 5.2;
(3) any fraud, gross negligence or willful misconduct by the Managing Member, Sponsor Principals or any Affiliate thereof in its or their performance of duties, obligations or covenants under this Agreement;
(4) a material default (after any required notice of default has been given and any applicable grace period has expired) of any provision of a Property Management Agreement by a Property Manager (if a Property Manager is an Affiliate of the Managing Member);
(5) a default or event of default (in each case, after any required notice of default has been given and any applicable grace period has expired), by the Company or a Subsidiary under any Loan Document (including, without limitation, that certain Post-Closing Letter between the Company and the Mezzanine Lender), lease or other material agreement of the Company or a Subsidiary other than a default or event of default that is directly caused by the Preferred Member;
(6) any intentional breach or any unintentional material breach by the Sponsor Member or any Sponsor Principal of any representation or covenant by any of them set forth in this Agreement;
(7) any default (after any required notice of default has been given and any applicable grace period has expired) under any guaranty or other credit enhancement provided by any of them pursuant to the Loan Documents, or the failure to provide any guaranty, indemnity or other credit enhancement required by this Agreement;
(8) the occurrence of a Major Default;
(9) a default or event of default (in each case, after any required notice of default has been given and any applicable grace period has expired), by any Affiliate of the Sponsor Mem...
Grounds for Removal. Subject to the notice and cure rights described in subsection (b) below, the Optibase Member shall have the right to remove the Managing Member for cause by delivering to it a written Notice of removal and stating the grounds for removal, which must be based upon or related to one or more of the following (“Removal Event”):
(i) The Managing Member takes any action in connection with a Major Decision in violation of Section 7.01 hereof or commits a Transfer that is prohibited by this Agreement under Article IX.
(ii) The final determination of any fraud, criminal conduct punishable as a felony or material and intentional misappropriation of funds by the Managing Member or its Affiliates in its performance of duties, obligations or covenants under this Agreement or in their performance of the Property Management Agreement;
(iii) Any knowing violation of any law by the Managing Member in connection with the Company, its Subsidiary or the Building that has had a material and adverse effect on the Company its Subsidiary or the Building, provided that such violation was taken without the consent of the Members and that sufficient capital was available to the Company and/or Building LLC to avoid such violation.
(iv) The failure of the Managing Member to be Controlled by the Xxxxxx Xxxxxxx or any Permitted Successor Control Party and the failure of Xxxxxx Xxxxxxx or the Family Members of Xxxxxx Xxxxxxx and [Xxxxxxx] to beneficially own at least 15% of the Mizrachi Member;
(v) A Bankruptcy Proceeding has been commenced by the Managing Member or Xxxxxx Xxxxxxxx a Bankruptcy Proceeding has been commenced involuntarily against the Managing Member or Xxxxxx Xxxxxxxx and has not been dismissed or discharged within ninety (90) days after it was commenced.
Grounds for Removal. TCHC may remove a Vendor from the Roster for unsatisfactory performance if the Vendor failed to meet TCHC’s minimum standards, as described below:
(i) the Vendor received an overall performance score on any Project below 70%;
(ii) the Vendor received a score of zero on any single criterion in the Scorecard;
(iii) the Vendor failed to submit competitive quotes in response to 3 consecutive requests for quotations issued to Vendors on the Roster;
(iv) TCHC is of the opinion, as a result of Vendor performance issues on any Project, that the Vendor poses a risk to the sound delivery of TCHC Projects; or
(v) any other grounds set out in TCHC’s Vendor Disqualification Protocol. In addition to unsatisfactory performance, Vendors may also be removed from the Roster on other grounds including:
(vi) bankruptcy or insolvency;
(vii) false declarations;
(viii) conviction of serious crimes or other serious offences;
(ix) health and safety breaches; or
(x) professional misconduct or acts or omissions that adversely reflect on the Vendor’s commercial integrity or TCHC’s integrity.
Grounds for Removal. To the extent permitted under the Company Act, the Manager may be removed and a new Manager admitted to the Company if such removal is due to proof (proof being defined as a judicial determination in a court having jurisdiction of such matter) of (i) a material breach of this Agreement by the Manager, or (ii) gross negligence or willful or wanton misconduct on the part of the Manager. If a final judicial determination is made such that the Manager is properly removed under this Section 6.06(1), the Required Majority of the Investing Members may elect (a) to convert the Manager's Membership Interest to that of a Investing Member, so long as a substitute Manager has been appointed and admitted upon a vote of the Required Majority of the Investing Members, in which case the Percentage Interests of the Investing Members and the removed Manager will be reduced pro rata to provide for a Membership Interest to a substitute Manager, which interest shall be determined by the Required Majority of the Investing Members, and the removed Manager after such conversion shall have only those rights and obligations of a Investing Member (but shall be entitled to those fees, distributions, profits and losses allocated hereunder to such Manager prior to its conversion), (b) to dissolve the Company in accordance with Article X, or (c) to have the Company purchase the removed Manager’s Membership Interest as provided in Section 6.06(2) hereof, and appoint and admit a substitute Manager. If the Investing Members fail to elect one of the foregoing options within ninety (90) days following the final judicial determination that the Manager is properly removed under this Section 6.06(1), then the Investing Members shall be deemed to have elected to dissolve the Company in accordance with Article X. Any distributions or fees owed to a removed Manager shall be held in escrow by the Company for a period of not more than ninety (90) days and may be used to offset any amounts owed by such Manager to the Company.
