LAND ISSUES AND THE SITE Sample Clauses

LAND ISSUES AND THE SITE. 6LAND ISSUES AND THE SITE Licence5 The Authority hereby grants PPP Co. a non-exclusive licence to occupy the Site for the sole purpose of allowing PPP Co. to perform its obligations under this Project Agreement (the “Licence”) subject to any right of access of the Authority or any other person under this Project Agreement or Law [AMEND AS APPROPRIATE TO REFER TO THIRD PARTY ACCESS]. The Licence granted under Clause 6.1(a) (Licence) will subsist for the sole purpose of enabling PPP Co. to perform its obligations under this Project Agreement and to enable the Funders (and/or their nominees) to procure such performance and for no other purposes and will not operate nor be deemed to operate as a demise of the Site or any part of it nor will PPP Co. have or be entitled to any estate, right, title or interest in it and PPP Co. and those authorised by it will enter the Site only as licensee of the Authority. The Licence will commence on the Commencement Date and will immediately terminate upon the earlier of the Expiry Date or Termination of this Project Agreement.
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LAND ISSUES AND THE SITE. 6.1 Licence5 5 The Landlord and Tenant (Amendment) Xxx 0000 (the "1980 Act") gives rise to the possibility of a PPP Co. which is granted a lease by an Authority acquiring statutory rights after five years’ continuous occupation and therefore being entitled to a renewal of a lease granted to him or to compensation in lieu of a new lease. The 1980 Act would not apply in this way to a licence but there is the possibility that even if a licence is granted, the courts might construe the relationship between the local authority and PPP Co. as having the characteristics of a lease and may therefore grant a renewal of the terms of the "lease" to PPP Co at the end of the operation period. In other words, it is the existence of a particular relationship with certain characteristics that determines the existence of a lease as opposed to any formal grant of a lease. Irish case law on the lease/licence distinction and the key elements that distinguish a lease is not entirely satisfactory. Irish Shell and B.P. Limited v Xxxx Xxxxxxxx [1981] ILRM 66 remains the sole Supreme Court case on the lease/licence distinction but it is a confusing and inconsistent judgement. Xxxxxxx J in the Supreme Court held the agreement to be a lease despite the fact that it was expressly described as a licence agreement. Xxxxxxx X stated that:- "Whether the transaction is a licence or a tenancy does not depend on the label which is put on it. It depends on the nature of the transaction itself". However, in subsequent dicta, Xxxxxxx X also placed importance on the intention of the parties, quoting from Lord Xxxxxxx in Shell-Mex v Manchester Garages as follows:- "One must look at the transaction as a whole and whether there are any indications that one finds in the terms of the contract between the two parties to find out whether in fact it is intended to create a relationship of landlord and tenant or that of licensor and licensee". (a) The Authority hereby grants PPP Co. a non-exclusive licence to occupy the Site for the sole purpose of allowing PPP Co. to perform its obligations under this Project Agreement (the “Licence”) subject to any right of access of the Authority or any other person under this Project Agreement or Law [AMEND AS APPROPRIATE TO REFER TO THIRD PARTY ACCESS]. (b) The Licence granted under Clause 6.1(a) (Licence) will subsist for the sole purpose of enabling PPP Co. to perform its obligations under this Project Agreement and to enable the Funders (and/or their nominees) t...

Related to LAND ISSUES AND THE SITE

  • The Building and The Project The Premises are a part of the building set forth in Section 2.1 of the Summary (the “Building”). The term “Project,” as used in this Lease, shall mean (i) the Building and the Common Areas and (ii) the land (which is improved with landscaping, parking facilities and other improvements) upon which the Building and the Common Areas are located.

  • and the City of Timmins A Nurse who notifies the Employer of a bereavement shall be granted a maximum of three (3) working days off without loss of regular salary for scheduled hours for a death in the Nurse's immediate family.

  • Reports to the Trustee and the Company Not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee and the Company a statement, certified by a Servicing Officer, setting forth the status of the Custodial Account as of the close of business on such Distribution Date as it relates to the Mortgage Loans and showing, for the period covered by such statement, the aggregate of deposits in or withdrawals from the Custodial Account in respect of the Mortgage Loans for each category of deposit specified in Section 3.07 and each category of withdrawal specified in Section 3.10.

  • Power to Bind the Company The Member (acting in its capacity as such) shall have the authority to bind the Company to any third party with respect to any matter.

  • ARTISTES AND SPORTSMEN 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsman in his capacity as such accrues not to the entertainer or sportsman himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsman are exercised.

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  • ARTISTES AND SPORTSPERSONS 1. Notwithstanding the provisions of Articles 7 and 14, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in his capacity as such accrues not to the entertainer or sportsperson himself but to another person, that income may, notwithstanding the provisions of Articles 7 and 14, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.

  • Landlord and Storage Agreements Upon request, provide Agent with copies of all existing agreements, and promptly after execution thereof provide Agent with copies of all future agreements, between an Obligor and any landlord, warehouseman, processor, shipper, bailee or other Person that owns any premises at which any Collateral may be kept or that otherwise may possess or handle any Collateral.

  • NOW AND THEREFORE in accordance with the principle of sincere cooperation, mutual benefit and joint development and after friendly negotiations, the parties hereby enter into the following agreements pursuant to the provisions of relevant laws and regulations of the PRC.

  • SEC Filings and the Xxxxxxxx-Xxxxx Act (a) As of the date hereof, the Company has Made Available to Parent complete and correct copies of (i) the Company’s annual report on Form 10-K for its fiscal year ended December 31, 2019, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 2018 and (iii) all of its other Company SEC Documents. (b) Since January 1, 2018 through the date hereof, the Company has timely filed with the SEC (subject to extensions pursuant to Exchange Act Rule 12b-25) each report (including each report on Forms 8-K, 10-Q and 10-K), statement (including proxy statement), schedule, exhibit, form or other document or filing required by Applicable Law to be filed by the Company at or prior to the time so required, including all certificates required pursuant to the Xxxxxxxx-Xxxxx Act. No Subsidiary of the Company is required to file or furnish any report, statement, schedule, exhibit, form, certificate or other document with the SEC. (c) As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each Company SEC Document complied as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act and all other Applicable Law. (d) As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Company SEC Document filed pursuant to the Exchange Act contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. No Company SEC Document that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein not misleading. (e) The Company has Made Available to Parent correct and complete copies of all comment letters received by the Company from the SEC relating to the Company SEC Documents since January 1, 2019, together with all written responses of the Company thereto. Since the date of the Company’s annual report on Form 10-K for its fiscal year ended December 31, 2019 and as of the date hereof, (i) there are no outstanding or unresolved comments received by the Company from the SEC that would be required to be disclosed under Item 1B of Form 10-K under the Exchange Act, and (ii) to the Knowledge of the Company, none of the Company SEC Documents is the subject of any ongoing investigation by the SEC. (f) Each required form, report and document containing financial statements that has been filed with or furnished to the SEC by the Company since January 1, 2018 through the date hereof was accompanied by the certifications required to be filed or submitted by the Company’s principal executive officer and principal financial officer, as applicable, pursuant to the Xxxxxxxx-Xxxxx Act and, at the time of filing or submission of each such certification, such certification was true and accurate and complied with the Xxxxxxxx-Xxxxx Act. For purposes of this Section 4.07, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Xxxxxxxx-Xxxxx Act. Neither the Company, any current executive officer nor, to the Knowledge of the Company, any former executive officer of the Company, has received written notice from any Governmental Authority challenging or questioning the accuracy, completeness, form or manner of filing of such certifications made with respect to the Company SEC Documents filed prior to the date hereof. Neither the Company nor any of its Subsidiaries has outstanding (nor has arranged or modified since the enactment of the Xxxxxxxx-Xxxxx Act) any “extensions of credit” (within the meaning of Section 402 of the Xxxxxxxx-Xxxxx Act) to directors or executive officers (as defined in Rule 3b-7 under the Exchange Act) of the Company or any of its Subsidiaries. The Company is otherwise in compliance with all applicable provisions of the Xxxxxxxx-Xxxxx Act and the applicable listing and corporate governance rules of Nasdaq, in each case in all material respects.

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