Intentionally Deleted. Intentionally Deleted.
Intentionally Deleted. Overtime worked and paid for by direct deposit shall be computed at an hourly rate based on the annual salary of the member affected at the time such overtime is worked, divided by 2,080 being the total annual regular hours of work. Time worked in excess of a regular tour of duty shall not be deemed as overtime unless it exceeds fifteen (15) minutes.
Intentionally Deleted. All representations and warranties made hereunder by Contributor and in this Agreement shall survive the Closing Date for a period of one (1) year, except that the representations and warranties set forth in clauses (a), (c), (w) and (z) of Section 5.1 shall survive such Closing Date for the applicable period of the statute of limitations (unless otherwise specified herein), and shall not be merged in the delivery of the Deed. Notwithstanding the foregoing, to the extent that a Tenant shall certify in its Estoppel Certificate (as defined below) as to any of the matters which are contained in the representations and warranties made by Contributor in Section 5.1(f) of this Agreement, then Contributor's representations and warranties as to such matters shall be of no force or effect to the extent of any conflict. Pacifica Holding Company, a Colorado corporation; and Pacifica Holding Company, a Colorado limited liability company (collectively, "Guarantor"); and Contributor, jointly and severally, shall, pursuant to a separate indemnity agreement (the "Indemnity Agreement") in the form attached hereto as Schedule 5.3, indemnify and defend Xxxx-Xxxx and MCRLP, and to hold Xxxx-Xxxx and MCRLP harmless, from and against any and all claims, liabilities, losses, deficiencies and damages as well as reasonable expenses (including attorney's, consulting and engineering fees), and interest and penalties related thereto, incurred by Xxxx-Xxxx or MCRLP by reason of or resulting from any breach, inaccuracy, incompleteness or non-fulfillment of the representations, warranties, covenants and agreements of Contributor contained in this Agreement to the full extent that Contributor would otherwise have been liable therefor under the provisions of this Agreement. The foregoing indemnity shall be deemed to be material to MCRLP and Xxxx-Xxxx'x obligation to perform hereunder and shall survive the Closing. Notwithstanding the foregoing, the members of Contributor shall have no liability for any loss resulting from any breach of the foregoing representations and warranties. In addition, except as set forth in Section 28, MCRLP shall not have a right to bring a claim against Contributor by virtue of any of the representations or warranties being false or misleading unless and until the aggregate damages to MCRLP and/or Xxxx-Xxxx are reasonably expected to exceed $100,000.00, but thereafter MCRLP and/or Xxxx-Xxxx may bring a claim against Contributor for the entire amount of its aggr...
Intentionally Deleted. 13.2.2 Intentionally Deleted.
Intentionally Deleted. 33 SECTION 3.14.
Intentionally Deleted. (a) It is presently anticipated that the Premises will be delivered to Tenant on the Anticipated Delivery Date; provided, however, that if Landlord does not deliver possession of the Premises by such date, this Lease shall not be rendered void or voidable, as a result thereof. This Section 3.3(a) contains the parties' entire agreement with respect to Tenant's remedies for Landlord's late delivery of possession and Landlord shall not be responsible for any damages, nor shall Tenant be entitled to terminate this Lease, except as may be expressly provided in this Section 3.3(a).
(b) Between the date Landlord tenders possession of the Premises to Tenant and the Lease Commencement Date, Tenant shall have the right to enter the Premises solely for the purposes of performing the Work and preparing the Premises for Tenant's occupancy. Any and all activity by Tenant or any Agent of Tenant prior to the Lease Commencement Date shall be coordinated with Landlord to ensure that such activity does not interfere with any other work. If Landlord determines that any such interference is occurring, then Landlord shall have the right to require the removal of the offending party from the Premises (with Tenant having no right to assert that the Lease Commencement Date or Tenant's other obligations are affected thereby). Notwithstanding anything in this Lease to the contrary: (a) Landlord shall have no responsibility with respect to any items placed in the Premises by Tenant or any Agent prior to the Lease Commencement Date; and (b) all of the provisions of this Lease (including all insurance, indemnity and utility provisions (except, with respect to utility consumption, Tenant shall only be responsible for excess utilities or utilities used outside of Building Hours)) shall apply prior to the Lease Commencement Date, except that during such period (i) Tenant shall not be obligated to pay Base Rent or Tenant's Proportionate Share of Operating Charges and Real Estate Taxes and (ii) Landlord shall not be obligated to provide any utility, service or other item in excess of those customarily provided to or for the benefit of a premises in order for Landlord to perform its building standard initial improvement work thereto.
Intentionally Deleted. (f) Section 1.1.57 is hereby deleted in its entirety and replaced with the following:
Intentionally Deleted. Any and all property which may be removed from the Premises by Landlord pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed and/or stored, as the case may be, by or at the direction of Landlord but at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord’s possession or under Landlord’s control. Any such property of Tenant not retaken by Tenant from storage within thirty (30) days after removal from the Premises shall, at Landlord’s option, be deemed conveyed by Tenant to Landlord under this Lease as by a xxxx of sale without further payment or credit by Landlord to Tenant.
Intentionally Deleted. ARTICLE 14 –
Intentionally Deleted. [INTENTIONALLY DELETED]
