Lessee’s Agent Sample Clauses

Lessee’s Agent. An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessor’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Lessor. An agent acting only for a Lessee has the following affirmative obligations. To the Lessee: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessee. To the Lessee and the Lessor: (a) Diligent exercise of reasonable skills and care in performance of the agent’s duties, (b) A duty of honest and fair dealing and good faith.

Lessee’s Agent. An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessor’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Lessor. An agent acting only for a Lessee has the following affirmative obligations. To the Lessee: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessee.

Lessee’s Agent. An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessor’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Lessor. An agent acting only for a Lessee has the following affirmative obligations. To the Lessee. a. A fiduciary duty of utmost care integrity, honesty, and loyalty in dealings with the Lessee. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agene materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained for the other Party which does not involve the affirmative duties set forth above.

Lessee’s Agent. An agent can agree to act as agent for the Lessee only. I n these situations, the agent is not the Lessor' s agent, even if by agreem ent the agent m ay receive com pensation for services rendered, either in full or in part from the Lessor. An agent acting only for a ▇▇▇▇▇▇ has the following affirm at ive obligations. To the Lessee: A fiduciary duty of utm ost care, integrity, honesty, and loyalty in dealings with t he Lessee. To the Lessee and the Lessor: a. Diligent exercise of reasonable skills and care in perform ance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent m aterially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential inform at ion obtained from the other Party which does not involve t he affirm at ive duties set forth above.

Lessee’s Agent. REGARDING: Delivery Date 1. The Delivery Date is scheduled for January 29, 1998, at the offices of ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ at 9:00 a.m. 2. The Units to be acquired and accepted on such date are identified on Schedule I hereto, all of which Units will be identified on Schedule II to the Lease. 3. The aggregate Purchase Price to be paid for the Units identified on Schedule I hereto is $_______________ , which Purchase Price is to be paid out of Funding. The Purchase Price shall be sent by wire transfer to Lessees in the amounts and at the accounts set forth on Schedule II hereto. ARCH COAL, INC., as Lessees' Agent By:___________________________________ Name Printed:______________________ Title:_____________________________ ------------------------------------------ SCHEDULE I TO DELIVERY DATE NOTICE Description of Units: ------------------------------------------ SCHEDULE II TO DELIVERY DATE NOTICE LESSEE WIRE TRANSFER INSTRUCTIONS AMOUNT 1. Apogee Coal Company 2. Catenary Coal Company 3. Hobet Mining, Inc. EXHIBIT E-1 TO LEASE INTENDED AS SECURITY DATED AS OF JANUARY 15, 1998 FORM OF OFFICER'S CERTIFICATE TO: Lessor and Certificate Purchasers, pursuant to that certain Lease Intended as Security (the "Lease"), dated as of January 15, 1998 among: [___________], a ______ corporation (the "Company"), and the other Lessees named therein (collectively, together with the Company, "Lessees"); the Persons identified on Schedule I thereto as the "Certificate Purchasers"; and First Security Bank, National Association, a national banking association, not in its individual capacity but solely as Certificate Trustee ("Lessor"; all capitalized terms used herein without definition shall have the meaning assigned to such terms in the Lease). Pursuant to the Lease among Lessees, Lessor and Certificate Purchasers, I, _______________, _______________ of the Company, do hereby certify as follows: The representations and warranties of the Company contained in the Lease and made on behalf of the Company in the other Operative Documents are true and correct on and as of the date hereof with the same effect as if such representations and warranties had been made on and as of the date hereof; the Company has performed all agreements on its part required to be performed under the Lease and the other Operative Documents on or prior to the date hereof; and there exists on the date hereof no Incipient Default or Event of Default.

Lessee’s Agent. Lessor acknowledges that Lessor has been informed and understands that as part of Broker’s real estate 90 business, Broker, from time to time, enters into representation Agreements with Lessees’, and, as such, may designate certain of its 91 Sales Associates as Exclusive Leasing Agents for the purpose of showing and negotiating the leasing of real estate listed with 92 Broker or other real estate Brokerage firms.