Make Good. Subject to clause 3.6 and Fair Wear and Tear, to make good any damage caused to the Premises and/or the Furniture and the Inclusions by the Tenant or Tenant's Employees.
Make Good. The Contractor must make good at its own cost any loss or damage to the Works, materials or plant to the extent that it is responsible for those Works, materials or plant under 2.7.1.
Make Good. (a) The Company projects that it will produce at least 60,000 ounces of gold (the “Production Target”) in its fiscal years ending December 31, 2010 and 2011 combined. The Company acknowledges that the Placement Agent and the Investors are making their investment decision and valuation of the Company based in part based upon these projections.
(b) The Company will notify the Placement Agent in writing, including a certification signed by the Company’s Chief Executive Officer and Chief Financial Officer, within ninety (90) days following the end of its fiscal year ending December 31, 2011 as to whether it has achieved the Production Target. If the Company fails to achieve the Production Target, then (subject to subsection (d) below) the annual interest rate of the Notes shall automatically increase by three (3) additional percentage points, with such increase being applied retroactively beginning on January 15, 2012. If the aforementioned notice or certification will contain any material non-public information, then the delivery of such notice or certification to the Investor Representative will be subject to the Investor Representative executing a non disclosure agreement that is in form and substance reasonably satisfactory to the Company. The Placement Agent acknowledges and agrees that neither the Placement Agent nor any of its Affiliates will make any decision regarding the purchase or sale, or any other dealings in or with, any securities of the Company based in whole or in part on any information that is related to the Company or any of its Subsidiaries and that is provided to the Placement Agent (whether as the placement agent for the Offering or in any other capacity) that is not public information.
(c) If an Investor transfers such Investor’s Note, then the right of such Investor to receive such increased interest rate under such Note shall transfer along with such Note to the transferee of such Note.
(d) The increase in the annual interest rate of the Notes pursuant to this Section 8.7 shall not apply if the Company fails to achieve the Production Target due to (i) a taking by eminent domain, requisitions, laws or orders of the Governmental Bodies in which the Company’s mining operations are conducted or (ii) the Company’s failure to obtain, timely or at all, the requisite business licenses necessary to conduct the Company’s mining operations from such Governmental Bodies (provided that the Company has used commercially reasonable efforts to timel...
Make Good. Make Good or Making Good means to restore new or existing work that has been rejected by the Consultant, damaged, cut, or patched. In addition, Make Good or Making Good requires the use of materials identical to the original materials, with visible surfaces matching the appearance of the original surfaces in all details, and with no apparent junctions between restored and original surfaces. Where original materials are not available, the Contractor shall propose substitute materials for review by the Consultant prior to ordering such materials or commencing Making Good. Making Good may require replacement of affected work in whole or in part.
Make Good. If, at the end of the Service Period, Company's content --------- has not, in the aggregate, received total Clicks equal to or greater than the Minimum Guaranteed Clicks, and provided that Company has complied with its obligations hereunder, Netscape will, at its discretion: (i) continue to link the Results Page to the Jump Pages as specified in Section 3 beyond the end of the Service Period until such time as the Minimum Guaranteed Clicks have been achieved, or (ii) deliver to Company a program of equivalent value as a remedy for the shortfall in Clicks. The remedy set forth in this Section 5.3 shall be Company's sole and exclusive remedy, and Netscape's sole and exclusive obligation, regarding Netscape's obligation set forth in Section 5.2 in the event, by the end of the Service Period, the Minimum Guaranteed Clicks have not been achieved.
Make Good. If, at the end of the Premier Period, Premier Provider's content has not, in the aggregate, received total Exposures equal to or greater than the Minimum Guaranteed Exposures, and provided that Premier Provider has complied with its obligations hereunder, Netscape will: [******************************************************************************* ******************************************************************************** ******************************************************************************** ******************************************************************************** *************************************************************].
Make Good. In the event that Sponsor is granted a marketing benefit or activation that is no longer available due to reasons, including but not limited to a Life Time club location closure, event cancellation, changes in corporate policies, Sponsor will be offered an opportunity of similar value (a “Make Good”) or a pro-rated refund or credit for services paid for by Sponsor but not yet rendered or performed by Life Time at the time of the Life Time club closure. Sponsor may decide to accept the Make Good or take the pro-rated refund or credit in its sole discretion. In the event of a make-good, Life Time and Sponsor will execute an Addendum to this Agreement; the All terms and conditions of this Agreement shall apply to any future addendums.
Make Good. Before the last day of the Term or the earlier termination of this Licence, the Operator must at its own cost:
a) ensure all Operator's Property and third party property is removed from the Licensed Area;
b) make good the Licensed Area to an equivalent condition as at the Commencement Date. Where the Operator has failed to comply with this clause, the Operator will be responsible for paying the City’s expenses associated with performing the Operator’s obligations and may draw down on the Security Bond for this purpose.
Make Good. E.7.1. The Contractor must make good any damage to services, the building, equipment, furniture, fittings or any other item.
E.7.2. Where damage occurs,, the Contractor must promptly notify the Project Manager.
Make Good. The Company covenants to enter into the Make Good Escrow Agreement, in the form of Exhibit D hereto.
