Incorporation of Standard Provisions. The Standard Provisions for Concession Contracts, dated January 10, 2020, with the exception of Section 3.03, attached hereto as Exhibit F, are hereby incorporated into and made a part of this Contract. The Contractor shall be obligated to meet all requirements described in the Standard Provisions, PROVIDED, HOWEVER, that where an express provision of this Contract is in conflict with any provision of the Standard Provisions, this Contract shall control.
Incorporation of Standard Provisions. The Standard Provisions for Concession Contracts attached hereto as Exhibit D, are incorporated into and made a part of this Contract. In the event of a conflict between the Standard Provisions and this Contract, this Contract shall control.
Incorporation of Standard Provisions. The “Standard Provisions for Concession Contracts” dated June 22, 2017, attached as Exhibit D are hereby incorporated into and made a part of this Contract. In the event any provisions of this Contract are in conflict with any of the Standard Provisions, the language in the Contract shall control.
Incorporation of Standard Provisions. (a) The American Residential Services, Inc. Standard Provisions for Business Combinations, marked "Form 98-1 (BC)" and attached hereto as Annex 1 (the "Standard Provisions"), hereby are incorporated in this Agreement by this reference and constitute a part of this Agreement with the same force and effect as if set forth at length herein.
(b) Section 2.14(b) hereby is amended by adding "written" before "notice" in clause (ii)(A) thereof.
Incorporation of Standard Provisions. The Suzuki Dealer Sales and Service Agreement Standard Provisions accompanying this Agreement are incorporated herein by this reference and made a part of this Agreement with the same force and effect as if fully set forth at this point.
Incorporation of Standard Provisions. A. Except as provided herein, the Standard Provisions attached hereto as Exhibit 6 are hereby incorporated into and made a part of this Contract and shall be part of all leases with Concession Operators. The Contractor shall be obligated to meet where applicable to the Contractor and enforce on the Concession Operators where applicable, all specifications described in the Standard Provisions, PROVIDED, HOWEVER, that where an express provision of this Contract is in conflict with any provisions of the Standard Provisions, this Contract shall control.
B. The following provisions of the Standard Provisions do not apply to the Contractor: Article 3, Sections 4.02, 4.03, 4.04, 4.05, 4.06, Article 5, and Article 6. All sections of the Standard Provisions shall apply to Concession Operators.
Incorporation of Standard Provisions. The Standard Provisions for Asset Purchases attached hereto as Annex 1 (the "Standard Provisions"), hereby are incorporated in this Agreement by this reference and constitute a part of this Agreement with the same force and effect as if set forth at length herein.
Incorporation of Standard Provisions. (A) The American Residential Services, Inc. Standard Provisions for Business Combinations, marked "Form 96-1 (BC)" and attached hereto as Annex 1 (the "Standard Provisions"), hereby are incorporated in this Agreement by this reference and constitute a part of this Agreement with the same force and effect as if set forth at length herein.
(B) Section 1.03 hereby is amended by adding "applicable to the Stockholder" immediately after "Requirement" in clause (a) of its first sentence.
(C) Sections 2.02, 2.06 (each sentence), 2.07 (the first two sentences), 2.08, 2.09, 2.10, 2.11 (the first sentence), 2.12, 2.14(a) (each sentence), 2.14(b), 2.15 (the first sentence), 2.16 (each sentence), 2.18(a), 2.18(b) (the first sentence), 2.18(c), 2.18(d), 2.19(a), 2.20 (each sentence), 2.22 (the third sentence), 2.23, 2.24 (the first sentence), 2.25(b), 2.25(c) (the first and final sentences), 2.25(d), 2.25(e), 2.25(f), 2.25(g) (the first sentence), 2.25(h) (the first sentence) and 2.29 hereby are amended by deleting therefrom the word "accurately".
(D) Section 2.11 hereby is further amended by deleting therefrom its final sentence.
(E) Section 2.13(b) hereby is amended by deleting therefrom its paragraph (iii).
(F) The representations and warranties in Sections 2.14(a) (clause (ii) of the first sentence and the final sentence), 2.14(b)(i), 2.15, 2.17, 2.20 (clause (a) of the second sentence), 2.25(g) (the first sentence) and Section 2.29 (as to the matters referred to in clause (k) thereof) are made to the knowledge of the Company and each of the Stockholders.
(G) Section 2.14(a)(ii) hereby is further amended by deleting therefrom "ERISA,".
(H) Section 2.22 hereby is further amended by (i) deleting from its first sentence ", accurate" and (ii) adding "other than in the ordinary course of business" immediately after "aggregate" in clause (f) of its first sentence.
(I) Section 2.24 hereby is further amended by changing "an accurate" to "a" in clause (a) of its second sentence.
(J) Section 2.25(a) hereby is amended by changing "an accurate," to "a".
(K) Section 3.02(c) hereby is amended by adding "and the Lien created by the ARS Pledge Agreement" immediately after "other assets" in its clause (iii).
(L) The following Sections are added after Section 3.05:
Incorporation of Standard Provisions. CONTRACTOR shall comply with the Standard Provisions for City Contracts (Rev. 03/09), attached hereto as EXHIBIT C of CONTRACT and hereby incorporated into and made part of CONTRACT.
Incorporation of Standard Provisions. The “Standard Provisions for Concession Contracts” dated July 1, 2015, attached as Exhibit H are hereby incorporated into and made a part of this Contract. In the event any provision of Articles 1 through 9 of this Contract are in conflict with any of the Standard Provisions, the language in Articles 1 through 9 shall control.
