Hardy Duty to Maintain Sample Clauses

Hardy Duty to Maintain. Except as provided in and subject to Section
Sample 1
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Hardy Duty to Maintain. Except as provided in and subject to Section 7.2 below, during the term of this Lease, Hardy shall, at its sole cost and expense (a) maintain the Premises, including the Golf Course, Clubhouse, and Maintenance Building (excluding the shack on the Premises) and every part thereof, in the same or better condition than the Premises are in as of the Commencement date, subject to normal wear and tear, (b) make all necessary repairs to the Premises, and every part thereof using materials of like kind and quality of equal value, and (c) repair, maintain and replace the Equipment subject to this Lease to the end that the Premises and Equipment shall at all times be kept in the same or better condition than the Premises and Equipment is in as of the Commencement Date, or purchase/lease/replacement date as the case may be, subject to normal wear and tear, and subject, however, to the provisions of Article 10 (Damage or Destruction) of this Lease. However, Xxxxx shall have no obligation to make any repair or replacement, either to any of the equipment as noted and designated in Exhibit B attached hereto that is not subject to mandatory repair or replacement, or during the last six (6) months of the Term that would be commonly understood to be a capital repair or replacement. Exhibit B shall designate certain items of equipment that Hardy is not subject to mandatory repair or replacement. Hardy may repair or replace any of the equipment noted and designated in Exhibit B attached hereto as not subject to mandatory repair or replacement, at Xxxxx'x discretion.
Sample 1
Hardy Duty to Maintain. Except as provided in and subject to Section Comment [GGS7]: Don – Now that five years have passed is there any other equipment that should be listed in Exhibit B as not subject to mandatory repair or replacement?
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Related to Hardy Duty to Maintain

  • Jury Duty 31.1 An employee who is summoned for jury duty and is required to lose time from his assignment as a result thereof, shall be paid for actual time lost with a maximum of one basic day's pay at the straight time rate of his position for each day lost, less the amount allowed him for jury duty for each such day excluding allowances paid by the court for meals, lodging or transportation, subject to the following requirements and limitations:

  • Confidential Information The Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or any of its affiliated companies, and their respective businesses, which shall have been obtained by the Executive during the Executive's employment by the Company or any of its affiliated companies and which shall not be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive's employment with the Company, the Executive shall not, without the prior written consent of the Company or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Company and those designated by it. In no event shall an asserted violation of the provisions of this Section 10 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under this Agreement.

  • ATTORNEYS’ FEES In the event of any dispute between the parties concerning the terms and provisions of this Warrant, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Conflicts of Interest The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this Agreement. Vendor affirms that, to the best of Vendor’s knowledge, this Agreement has been arrived at independently, and is awarded without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations with Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Publicity The Company, and the Buyer shall have the right to review a reasonable period of time before issuance of any press releases, SEC, OTCBB or FINRA filings, or any other public statements with respect to the transactions contemplated hereby; provided, however, that the Company shall be entitled, without the prior approval of the Buyer, to make any press release or SEC, OTCBB (or other applicable trading market) or FINRA filings with respect to such transactions as is required by applicable law and regulations (although the Buyer shall be consulted by the Company in connection with any such press release prior to its release and shall be provided with a copy thereof and be given an opportunity to comment thereon).

  • Relationship of the Parties Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership between them.

  • Compliance with Laws Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.

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