Joinder to Fee Agreement. The undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement; and (b) acknowledges and agrees that (i) in accordance with Section 5.13 of the Fee Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project; (ii) the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44-30(A)(20) and Section 00-00-000 of the Act; and (iii) the undersigned shall have all of the rights and obligations of a Sponsor Affiliate as set forth in the Fee Agreement, including but not limited to the following indemnification covenants:
(a) Notwithstanding any other provisions in the Fee Agreement, this Joinder Agreement or in any other agreements with the County, the undersigned agrees to indemnify, defend and save the County, its County Council members, elected officials, officers, employees, servants and agents (collectively, the “Indemnified Parties”) harmless against and from all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on the Project or the Land by the undersigned, its members, officers, shareholders, employees, servants, contractors, and agents during the Term, and the undersigned further, shall indemnify, defend and save the Indemnified Parties harmless against and from all claims arising during the Term from (i) the undersigned entering into and performing its obligations under this Joinder Agreement or the Fee Agreement, (ii) any breach or default on the part of the undersigned in the performance of any of its obligations under the Fee Agreement or this Joinder Agreement, (iii) any act of negligence of the undersigned or its agents, contractors, servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the undersigned or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the undersigned, or (v) any environmental violation, condition, or effect with respect to the Project caused by the undersigned. The undersigned shall indemnify, defend and save the County harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon and upon notice from the County, the undersigned shall defend it in any such action, prosecution or pro...
Joinder to Fee Agreement. The undersigned hereby (a) joins as a part to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement; (b) acknowledges and agrees that (i) in accordance with Section 3.13 of the Fee Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project and such designation has been consented to by the County pursuant to a Resolution adopted by the County on [ ]; (ii) the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44-30(A)(19) and Section 00-00-000 of the Act; and (iii) the undersigned shall have all of the rights and obligations of a Sponsor Affiliate as set forth in the Fee Agreement.
Joinder to Fee Agreement. The undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement except the following: The Company (a) agrees to be responsible for all repayment obligations that arise pursuant to the Fee Agreement, unless otherwise agreed to through a separate agreement in writing by and between the Company and (including any lease agreements that have been or will be assigned to the Company in connection with the Project); and (b) agrees to indemnify [Landowner] against all claims brought against it arising from the Fee Agreement, provided that such repayment obligation is not an obligation of under a separate agreement in writing as set forth above or the claim is not a result of ’s own negligence, bad faith, fraud, deceit, or willful misconduct.
Joinder to Fee Agreement. The undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement with respect to its portion of the Project; (b) acknowledges and agrees that (i) in accordance with the Fee Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project and such designation has been previously consented to by the County in the Fee Agreement in accordance with the FILOT Act (as defined in the Fee Agreement); (ii) the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Sections 12-44-30(20) or (20) and 00-00-000 of the FILOT Act upon the execution and delivery of the County and the Department of Revenue to this Joinder Agreement; and (iii) the undersigned shall have all of the rights and obligations of a Sponsor Affiliate as set forth in the Fee Agreement with respect to its portion of the Project.
Joinder to Fee Agreement. The undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement; and (b) acknowledges and agrees that (i) in accordance with Section 8.4 of the Fee Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project; (ii) the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44-30(A)(20) and Section 00-00-000 of the Act; and (iii) the undersigned shall have all of the rights and obligations of a Sponsor Affiliate as set forth in the Fee Agreement.
Joinder to Fee Agreement. [], a [state] [corporation/limited liability company/limited partnership] authorized to conduct business in the State, hereby
(a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement as if it were the Company;
(b) shall receive the benefits as provided under the Fee Agreement with respect to any Project property placed in service by the Sponsor Affiliate as if it were the Company and such property was economic development property;
(c) acknowledges and agrees that (i) according to the Fee Agreement, the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project; (ii) the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44- 30(20) and Section 00-00-000 of the Act; and (iii) agrees that electronic signatures, whether digital or encrypted, of the parties to this Joinder Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logistically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email signatures.
Joinder to Fee Agreement. STAG hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement applicable to Sponsor Affiliates; (b) shall receive the benefits as provided under the Fee Agreement with respect to the Economic Development Property placed in service by STAG as a Sponsor Affiliate as if it were a Sponsor, commencing with investments made in 2019; (c) represents it qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44- 30(20) and Section 00-00-000 of the Act.
Joinder to Fee Agreement. Towards the end that investment by each of the undersigned in the County, beginning, to the extent permitted by law, with investment during the year ended December 31, 2017 be considered an investment in the Project, as defined in the Fee Agreement, each of the undersigned hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement as if each of the undersigned were an original signatory thereto (except that Lockheed Xxxxxx Aircraft Center is incorporated under the laws of the State of California and not the State of Maryland) ; and (b) acknowledges and agrees that (i) in accordance the Fee Agreement, each of the undersigned has been designated as a Sponsor Affiliate by the Company for purposes of the Project and such designation has been consented to by the County in accordance with the Act (as defined in the Fee Agreement); (ii) each of the undersigned qualifies or will qualify as a Sponsor Affiliate under the Fee Agreement and Section 12-44-30(A)(20) and Section 00-00-000 of the Act; and (iii) each of the undersigned shall have all of the rights of a Sponsor Affiliate as set forth in the Fee Agreement, and, likewise, will have each of the duties and obligations of the Company as set forth therein; in these regards, any failure by either of the undersigned to perform any of its obligations under the Fee Agreement shall be considered the same as a corresponding failure by the Company to perform such obligation, with the consequence in such event of the applicable remedy provided in the Fee Agreement being available to the County with respect to the Company, being available with respect to each of the undersigned.
Joinder to Fee Agreement. [ ], a [STATE] [corporation]/[limited liability company]/[limited partnership] authorized to conduct business in the State of South Carolina, hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement as if it were a Sponsor [except the following: ]; (b) shall receive the benefits as provided under the Fee Agreement with respect to the Economic Development Property placed in service by the Sponsor Affiliate as if it were a Sponsor [except the following ]; (c) acknowledges and agrees that (i) according to the Fee Agreement, the undersigned has been designated as a Sponsor/Sponsor Affiliate by the Sponsor for purposes of the Project; and (ii) the undersigned qualifies or will qualify as a Sponsor/Sponsor Affiliate under the Fee Agreement and Section 12-44-30(18), Section 12-44-30(20) and Section 00-00-000 of the Act. [As a Sponsor, hereby further agrees to fully perform all of the obligations of the Sponsor set forth in the Fee Agreement.]
Joinder to Fee Agreement. [], a [state] [corporation/limited liability company/limited partnership] authorized to conduct business in the State, hereby (a) joins as a party to, and agrees to be bound by and subject to all of the terms and conditions of, the Fee Agreement as if it were the Company;
