Marina. The word “Marina” includes without limitation any property or waters owned or leased by the Company.
Marina. The marina is to comprise all navigable waters, breakwaters, revetments, and that land necessary to gain access to those waters. The Company must prepare a plan, to the approval of the Department of Marine and Harbours showing the marina to be constructed by the Company. The marina must be designed to optimise wave exclusion, water circulation and exchange, and the bypassing of xxxxxxxxx littoral drift sand, and must comply with the recommendations of Australian Standard 3962, “Guidelines for the Design of Marinas”. On completion of construction of the marina the Company must prepare and lodge with the Department of Marine and Harbours an “as constructed” plan of the marina, to the approval of the Department of Marine and Harbours.
Marina. Use of the marina is for registered boat tenants only. Tenant does not obtain any rights to the marina or boat slip pursuant to the terms of this Lease.
Marina. Marina hereby covenants, represents and warrants to Oncotelic that:
4.2.1 Marina is the owner of record of the Marina Technology and the Marina Intellectual Property, and Marina has all rights necessary to grant the rights and licenses under the Marina Technology and the Marina Intellectual Property which are granted to Oncotelic under this Agreement;
4.2.2 Marina knows of no reason why the Marina Patents should not be valid and enforceable, or why any pending patent applications within the Marina Patents should not, if resulting in issued Marina Patents, be valid and enforceable, and no third party has alleged in writing that any of the Marina Patents is invalid or unenforceable;
4.2.3 Marina is not bound by, and none of the Marina Intellectual Property is subject to, any contract that in any way limits or restricts the ability of Marina to use, exploit, assert, or enforce any such Marina Intellectual Property asset anywhere in the world;
4.2.4 Marina has not granted, and will not grant, any rights in the Delivery Technologies that are inconsistent with the licenses and rights granted to Oncotelic under this Agreement; [CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
4.2.5 the Marina Patents are not subject to any pending re-examination, opposition, interference or litigation proceedings;
4.2.6 no claims of infringement, misappropriation or other conflict with any intellectual property rights or other rights of any third party were pending in the twelve (12) months preceding the Effective Date, are pending or, to Marina’s knowledge, are threatened with respect to the Marina Technology or the Marina Intellectual Property;
4.2.7 Marina believes its commercial relationship with [***] is in good legal standing. [***] has not given Marina notice (written or oral) terminating, canceling, reducing the volume under, or renegotiating the pricing terms or any other material terms of any contract or relationship with Marina and Marina has no reason to believe that [***] intends to take any of such actions; and
4.2.8 Based on Marina’s preclinical studies and clinical experience disclosed to Marina by licensees through the Effective Date, Marina is not aware of any undesirable experiences associated with the use of a medical product in a patient or any other facts or circumstanc...
Marina. 23.1 Seller and Purchaser have agreed that Seller will continue to pursue the required licenses and permits for construction of a marina along the western part of the Property and adjacent to the Development Parcel, as depicted on Exhibit X attached hereto (the “Marina”). Purchaser and Seller shall each pay one-half of the costs incurred following the Closing Date to obtain all required permits to allow construction of the Marina. Once such licenses and permits are obtained, Seller and Purchaser will negotiate in good faith a construction agreement, which will provide that Purchaser will construct the Marina and each party will bear that portion of the aggregate construction costs that the net rentable linear footage ownership interest of such party in the completed Marina bears to the total net rentable linear footage of the entire Marina. Purchaser acknowledges that the Marina Parcel is not part of the Development Parcel. This provision shall survive the Closing.
Marina. Pursuant to the Sovereignty Lease n defined below, Lessor and Grove Isle Yacht Club Associates, a Florida general partnership ("Yacht Club") (Lessor and Yacht Club are sometimes together called "Marina Parties") together own a leasehold estate in certain submerged land in Biscayne Bay, adjacent to the Demised Premises, more particularly described in that certain Sovereignty Submerged Land Lease from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the Marina Parties recorded in Official Records Book 16401, Page 609, Public Records of Dade County, Florida (the "Sovereignty Lease", which term includes all renewals thereof). In order to provide assurances to each other with respect to the certain operations on the Demised Premises and the Marina Property, the parties agree that, for the term of this Lease:
(a) The Marina Parties shall comply with all terms and conditions of the Sovereignty Lease and use their best efforts to keep the Sovereignty Lease and their rights thereunder in full force and effect. The Marina Parties shall apply for renewals of the Sovereignty Lease in sufficient time to enable renewal not later than the end of the term stated therein, and use its best efforts to obtain such renewal. Lessee agrees on request of the Marina Parties to execute such consents and joinders which may be required by the lessor under the Sovereignty Lease in order to obtain such renewal but Lessee shall not be required to subject itself or the Demised Premises to any liability (except, in the case of the Demised Premises, such liability to which they are presently subject pursuant to the Sovereignty Lease). The Marina Parties shall provide Lessee with copies of such application for renewal simultaneously with submission thereof to the lessor under the Sovereignty Lease. If the Marina Parties fail to do so within the time provided herein, the Marina Parties hereby make, appoint and constitute Lessee's president to do so in the name and on behalf of the Marina Parties, it being understood and agreed that such power is a power coupled with an interest and cannot be revoked. Nothing herein shall obligate Lessee to exercise the power of attorney granted hereunder.
(b) The Marina Parties shall operate a marina on the Marina Property in accordance with the Sovereignty Lease and as the same is presently operated. Nothing herein shall be deemed to impose any obligations on the Marina Parties with respect to boatslips sold to third p...
Marina. 1. Pay the billed charges, sales invoices, billing statements of account within fifteen (15) days upon issuance of inspection and acceptance report;
2. Warrant to the NPO that it has the requisite authority to enter into this Agreement, and is free and clear from any legal responsibility to any person, whether judicial or natural, to engage the services of the NPO for the printing and delivery of blank security paper for issuance of various certificates and CPC.
Marina. 2.1.2.1 Subjects
Marina. A marina, including an adequate number of spaces for transient vessels;
(a) A refreshment stand; (b) Boat rentals; (c) Bait and tackle shop; (d) Convenience food store for the benefit of marina tenants;
Marina. All revenue from the Marina, including the rental of slips, boats and other equipment, and the sale of any boats and other supplies such as fuel shall be prorated as of the Cut-Off Time.
