Modification of Paragraph 9 Sample Clauses

Modification of Paragraph 9. 2. The following is added to the end of the last sentence of Paragraph 9.2: "; provided, however, that if Lessor actually receives proceeds sufficient to cover the fully amount of the loss, excluding any deductible, this Paragraph 9.2 shall govern." 19.
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Modification of Paragraph 9. 5. Notwithstanding the provisions of Paragraph 9.5, in the event Exodus confirms in writing to Talus Corporation and Lessor within twenty (20) days after the occurrence of any damage which would entitle Lessor to terminate the Lease pursuant to Paragraph 9.5, that Exodus shall not terminate either the Exodus Sublease or the direct lease between Exodus and Lessor which commences immediately following the termination of this Lease, on account of such damage, then Lessor shall have no right to terminate the Lease pursuant to Paragraph 9.5. 20. Modification of Paragraph 9.6. The last sentence of Paragraph 9.6(b) is deleted and replaced with the following: "`Commence' as used in this Paragraph shall mean the beginning of actual work on the Premises." If Lessor shall be obligated to repair or restore the Premises pursuant to any provision of Article 9, and it is possible, at additional cost, to commence such repair or restoration earlier than ninety (90) days after such obligation shall accrue and/or to accelerate the work so that the same shall be completed prior to the deadline for Lessor to complete the same pursuant to the applicable provision of this Article 9, then upon Lessee's written request, and subject to the conditions set forth below, Lessor shall use its best efforts to commence such repair or restoration as soon as is possible, subject to availability of labor and materials; provided that (1) prior to incurring any additional costs to commence such repair or restoration earlier than Lessor is obligated to do so or to accelerate the work, Lessee shall have agreed, in writing, to pay all such additional costs, and shall have deposited with Lessor, funds equal to the amount reasonably estimated by Lessor as the total amount of such additional costs to be incurred (provided that the amount of such deposit shall not limit Lessee's liability to pay such additional costs, and Lessor shall refund to Lessee upon completion of the repair and restoration, the amount of such deposit, if any, in excess of the additional costs incurred); and (2) in no event will Lessor be obligated to commence any repair or restoration prior to obtaining all necessary governmental permits and approvals therefor. 21. Modification of Paragraph 9.7. Notwithstanding any provision of Paragraph 9.7, Lessor shall not be permitted to exercise the termination option under clause (ii) of Paragraph 9.7, (1) if Lessor is subject to an order of a governmental agency with jurisdiction over t...
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Modification of Paragraph 9. 6, PROGRESS PAYMENTS Delete Paragraph 9.6 entirely and substitute the following:
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Related to Modification of Paragraph 9

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • Modification of Covenant If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 5.7(a) through (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Section 5.7 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 5.7 is reasonable and necessary to protect and preserve Buyer’s legitimate business interests and the value of the Assets and to prevent any unfair advantage conferred on Seller.

  • MODIFICATION OF NOTE 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31, 2010 to March 31, 2012.

  • Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

  • Modification of Terms; etc No Pledgor shall rescind or cancel any obligations evidenced by any Receivable or modify any term thereof or make any adjustment with respect thereto except in the ordinary course of business consistent with prudent business practice, or extend or renew any such obligations except in the ordinary course of business consistent with prudent business practice or compromise or settle any dispute, claim, suit or legal proceeding relating thereto or sell any Receivable or interest therein except in the ordinary course of business consistent with prudent business practice without the prior written consent of the Collateral Agent. Each Pledgor shall timely fulfill all obligations on its part to be fulfilled under or in connection with the Receivables.

  • TERM, MODIFICATION AND TERMINATION OF AGREEMENT This Agreement with respect to the Fund shall continue in effect until the expiration date set forth on Schedule A (the “Expiration Date”). With regard to the Operating Expense Limits, the Trust’s Board of Trustees and the Adviser may terminate or modify this Agreement prior to the Expiration Date only by mutual written consent. This Agreement shall terminate automatically upon the termination of the Advisory Agreement; provided, however, that the obligation of the Trust to reimburse the Adviser with respect to a Fund shall survive the termination of this Agreement unless the Trust and the Adviser agree otherwise.

  • Modification of Services Credit Union reserves the right to modify the Service from time to time without making prior notice to Member, provided, however, that Credit Union will give you at least thirty (30) days notice prior to making any modifications to the Service that would materially alter their functionality.

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