Item 4. Subject to the following instruments of record:
(a) The 1/4-acre cemetery excepted by heirs of Xxxx Xxxxxx in the deed dated and recorded April 8, 1833, in Deed Book F, page 393;
(b) Highway right-of-way to Ohio County, Kentucky, dated February 13, 1931, recorded in Deed Book 78, page 194;
(c) Highway right-of-way to the Commonwealth of Kentucky dated September 9, 1933, recorded in Deed Book 81, page 595;
(d) Highway right-of-way to the Commonwealth of Kentucky dated September 19, 1933, recorded in Deed Book 81, page 596;
(e) Conveyance of Xxxxxxx Xxxx Road by Big Rivers Electric Corporation, et al., to Ohio County, Kentucky, dated January 10, 1984, recorded in Deed Book 249, page 599; and
(f) Pole Line Agreement from Xxxxxx Xxxxxxxx, et ux., to Kentucky Utilities Company dated March 17, 1947, recorded in Deed Book 104, page 331. The cited utility easement has been relocated but no instrument appears of record to this effect. See the plat of record in Deed Book 237, page 102, which depicts the power line easement as located in 1980.
Item 4. Notify CONSULTANT of any known or potential health or safety hazards existing at or near project or work sites. Provide access to and/or obtain permission for CONSULTANT to enter upon all CITY properties, and provide assistance with access to properties not owned by the CITY as required to perform and complete the Services.
Item 4. 15(j) of the Disclosure Letter lists each management agreement pursuant to which any third party manages or operates any Company Property or material portion thereof on behalf of the Company or any of its Subsidiaries or any Primarily Controlled Company (other than parking management agreements that are terminable with 30 days notice), and describes the property that is subject to such management agreement, the Company or its Subsidiary that is a party, the date of such management agreement and each material amendment, guaranty or other agreement binding on the Company or any of its Subsidiaries or any Primarily Controlled Company and relating thereto (collectively, the “Management Agreement Documents”). True, correct and complete copies of all Management Agreement Documents have been made available to the Purchaser Parties. Each of the Management Agreement Documents is valid, binding and in full force and effect as against the Company or its applicable Subsidiary or the applicable Primarily Controlled Company and, to the Company’s Knowledge, as against the other party thereto. Notwithstanding the foregoing, the representations contained in this clause (j), to the extent they relate to Company Properties, do not apply to Company Properties of Partially Controlled Companies.
Item 4. Term: (Clause 1.1(l) and 3.1) Item 5 Annual increase in Licence Fee: (Clause 7.4) % Item 6: Trading Hours: (Clauses 1.1(m), 4.1, 7.2(a) and 12.
Item 4. A. of the Lease, entitled “Term”, shall be amended to read: The Term of this Lease shall begin on August 13, 2014 and shall end on August 12, 2017. Tenant shall have the right, privilege and option to renew the Term of the Lease for two (2) additional one year periods (“Renewal Period”) upon and under all other terms, covenants and conditions, hereof. Written notice of the intent to exercise any Renewal Period must be delivered by Tenant to Landlord at least two (2) months prior to the expiration of the then current term.
Item 4. 2(A): ----------- The common area operating expenses shall be capped at $.05 per square foot per month in year (1) one, escalating at a fixed rate of three (3%) percent per year over the term of the lease.
Item 4. 16(a) of the Company Letter lists the following contracts to which, as of the date hereof, the Company or any of its Subsidiaries is a party or by which any them is bound: (i) any Contract that is filed or would be required to be filed by the Company as a material contract pursuant to Item 601(b)(10) of Regulation S-K of the SEC; (ii) any Contract that purports to limit the rights of the Company or any Subsidiary of the Company to compete with any Person or in any line of business, industry or geographical area or to offer, sell, supply or distribute any service or product, in each case, material to the business of the Company and its Subsidiaries, taken as a whole; (iii) any indenture, credit agreement, loan agreement, security agreement, guarantee, note, mortgage or other evidence of Indebtedness, or commitments (including revolving commitments) in respect of Indebtedness, providing for borrowings in excess of $15,000,000 (other than Indebtedness owed by the Company to any of its Subsidiaries or any of its Subsidiaries to the Company or another of the Company’s Subsidiaries) and any Contract relating to any conditional sale arrangements, obligations secured by a Lien or interest rate or currency hedging activities, in each case, in connection with which the aggregate actual or contingent obligations of the Company and its Subsidiaries under such Contract are greater than $15,000,000; (iv) other than pursuant to the Company Stock Plans, the Deferred Compensation Plan and other than this Agreement, any Contract for the sale of any of its assets or capital stock or equity interests involving outstanding obligations in excess of $10,000,000; (v) any Contract for the acquisition (directly or indirectly, by merger or otherwise) of any business or business division, capital stock or equity interests of another Person after the date hereof for aggregate consideration in excess of $10,000,000; (vi) other than pursuant to the Company Stock Plans or the Deferred Compensation Plan, any Contract that contains a put, call, right of first refusal or similar right pursuant to which the Company or any Subsidiary would be required to purchase or sell, as applicable, any ownership interests of any Person; (vii) material customer Contracts with the ten largest customers of the Company and its Subsidiaries, taken as a whole, as measured by revenues during the fiscal year ended December 31, 2005; (viii) any acquisition Contract pursuant to which the Company or any of its Subs...
Item 4. The Rail Infrastructure Manager and Road Manager have joint management responsibility for the rail or road crossings listed in Schedule 2. (Drafting note: This should contain a list of the relevant interfaces or an agreed reference to where the list or common register can be located by all Parties to the Agreement. It can be linked to a register that would also capture details of risk assessments and the agreed control details that would be captured under.)
Item 4. 1.1, Clause Four, of the agreement amended hereby shall become effective as of the execution hereof with the following wording:
4.1.1 Acquire from BR DISTRIBUIDORA, from the effective date until the termination hereof a hundred percent (100%) of the consumption of aviation kerosene in all airports where BR DISTRIBUIDORA maintains aircraft fueling facilities; CLAUSE SIX
6.1 Items 11.2, 11.2.1, 11.2.2, 11.2.3, 11.2.4, and 11.3 shall be added to Clause Eleven, and is hereby effective with the following wording:
Item 4
