Item 4. Subject to the following instruments of record:
Item 4. Notify CONSULTANT of any known or potential health or safety hazards existing at or near project or work sites. Item 5. 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. 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 12.2)
Item 4. 1.1, Clause Four, of the agreement amended hereby shall become effective as of the execution hereof with the following wording:
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. 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. 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. The Rail Infrastructure Manager and Road Manager have joint management responsibility for the rail or road crossings listed in Schedule 2. SCHEDULE 2 – REGISTER OF RAIL OR ROAD CROSSINGS (INTERFACES) COVERED BY THIS AGREEMENT (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.) Name of rail or road crossing* RLX Number if applicable Street location of rail or road crossing Rail network location of rail or road crossing Description Rail Infrastructure Manager responsible Road Manager responsible *Note: Includes level crossings, bridges, tunnels, pedestrian crossings, etc. SCHEDULE 3 – STATEMENT OF GENERAL MAINTENANCE RESPONSIBILITIES AT RAIL OR ROAD CROSSING INTERFACES ELEMENT MAINTAINED BY STANDARDS Road Pavement Outside interface boundary (1.0m from the outside rail) Within interface boundary Road Manager Rail Infrastructure Manager Maintenance as per the Commissioner of Highway’s Master Specifications, especially: a) Division 1 General Part 170 - Railway Provisions b) Division 8 Maintenance Part 812 – Exceptions from Routine Maintenance Rail Infrastructure Manager Standard Yellow Box Marking Road Manager AS 1742.7, Manual of Uniform Traffic Control Devices – Railway Crossings within the delegation approved by the Minister for Transport pursuant to the Rail Operation and Safety Act Traffic Control Devices Advance warning signage (as defined in AS1742.7) Active advance warning signs - warning sign assembly - train detection systems Road Manager Road Manager Rail Infrastructure Manager AS 1742, Manual of Uniform Traffic Control Devices plus Austroads Guide for Traffic Control Devices DPTI Operational Instruction 20.1 “Care, Control & Management of Roads (Highways) by the Commissioner of Highways (Section 26 of the Highways Act) Operational Instruction 7.9 “Railway Level Crossing Treatments for Restricted Access Vehicles”. Operational Instruction 7.10 “Interim Treatments to Manage Risks at Short Stacking Level Crossings”. Traffic Control Devices Primary warning device (as defined in AS1742.7) Rail Infrastructure Manager AS 1742.7, Manual of Uniform Traffic Control Devices – Railway Crossings within the delegation approved by the Minister for Transport pursuant to the Rail Operation and Safety ...
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
