Home Depot. Home Depot represents and warrants to USHS and USRI that:
Home Depot. Buyer acknowledges that Seller has sold and transferred to Home Depot the Home Depot Parcel pursuant to the Home Depot Purchase Agreement and, as the owner of the Nebraska Property, is bound to cooperate in certain matters with Home Depot with respect to the Nebraska Property and the development of the Home Depot Parcel, as more particularly set forth in the Amendment to the Home Depot Purchase Agreement executed by Seller on March 18, 2003 and executed by Home Depot on March 28, 2003 (the "Home Depot Amendment"). Seller shall assign to Buyer, and Buyer shall assume, the rights and obligations of Seller under Paragraph 4 of the Home Depot Amendment to the extent relating to the Nebraska Property, but specifically excluding any rights and obligations relating to the Home Depot Parcel or the Avaya Southeast Property. Without limiting the foregoing, (i) Buyer shall assume the obligation to maintain the separate access road to Seller's facility located on the Nebraska Property referenced in Paragraph 4(a) of the Home Depot Amendment, (ii) Seller shall assign to Buyer all easements, rights and benefits appurtenant to the Nebraska Property under the REA (as defined in the Home Depot Purchase Agreement), the escrow agreement referenced in Paragraph 4(h) of the Home Depot Amendment, and that letter agreement dated April 15, 2003 between Avaya and Home Depot regarding culvert design and tree relocation costs, and (iii) Seller shall remain solely responsible for all liabilities and obligations relating to the Avaya Southeast Property, whether arising under the Home Depot Purchase Agreement, the REA or any other document or source. Notwithstanding anything to the contrary herein, Seller shall pay on demand all documented out-of-pocket expenses incurred by Buyer in connection with the Home Depot Purchase Agreement, the REA, the Home Depot Parcel and/or the Avaya Southeast Property, except for the obligations and Liabilities to be assumed hereunder. Notwithstanding anything to the contrary contained herein, Buyer shall only assume the obligations and liabilities under the REA which are applicable to the owner of property which is being transferred to Buyer pursuant to this Purchase Agreement.
Home Depot. Borrower’s relations Home Depot are good and there are not pending or, to Borrower’s knowledge, threatened claims or controversies with Home Depot that, independently or collectively, could have a Material Adverse Effect on the business of the Borrower.
Home Depot. Notwithstanding the fact that Buyer is not purchasing any Contracts between Seller and Home Depot U.S.A., Inc. (“Home Depot”), or any Affiliates of Home Depot pursuant to this Agreement, Seller will, following the Closing, continue to fulfill orders for Products pursuant to the terms of any existing Contract between Seller and Home Depot and will remit the proceeds of any such sales to Home Depot to Buyer promptly upon receipt by Seller. Seller’s obligations pursuant to this Section 6.9 shall continue until such time as Buyer and Home Depot execute a Contract for the sale of Products on terms satisfactory to Buyer. For purposes of clarity, (i) Seller will not be expected to indemnify Buyer for any liability arising solely as a result of Buyer’s actions, after the Closing, if any, directly under the Home Depot Supplier Agreement; provided that it is not anticipated that Buyer will perform under the Home Depot Supplier Agreement and (ii) Buyer will have no liability for actions taken by Seller, before or after the Closing, in connection with the Home Depot Supplier Agreement.
Home Depot. Subject to any pre-existing contractual obligations or restrictions, or other impairments, to the extent listed in Schedule D and to the terms and conditions of this Agreement, UIC hereby grants to Home Depot, during the Trademark Term, a royalty-free, sole (except for Third Party Licenses granted at Home Depot’s request pursuant to Sections 3.01(b)(i) and (ii)), non-transferable license, without the right to sublicense, to use each Xxxx set forth in Schedule B solely in connection with the marketing and sale of Vigoro-Branded Products in the permitted product categories and permitted territories corresponding to such Xxxx as set forth in Schedule B. The foregoing license to Home Depot is limited to Vigoro-Branded Products that are manufactured for Home Depot by either UIC or by a Third Party Licensee.
Home Depot. When considering any change to an employee's current or future home depot, XXX will not act in a harsh or unreasonable manner. RIC will use its best endeavours to reduce the total travel time of the employee from residence to worksite. XXX will not alter home depots primarily to reduce travel time or remove travelling and/or start/finish allowance. In the event that the total travel time increases as a result of any change to current or future home depot and, during consultation an employee raises a grievance, RIC will not implement such a change until steps 12.1 to 12.8 in the dispute settlement procedures have been exhausted.
Home Depot. Home depot shall be defined as that depot where the driver holds a signed position.
Home Depot. (a) For alterations to sign-on and sign-off times of a Locomotive Operating Employee, V/Line must provide a minimum of 48 hours’ notice to the affected Employee.
