New Terms. The following defined new terms are hereby added in alphabetical order to Section 1.1 of the Credit Agreement:
New Terms. As used in this Amendment and in the Loan Agreement, the following terms shall have the following meanings (references in this Section 1.03 to "Section" shall be references to Sections of this Amendment):
New Terms. The following terms are hereby amended or added to Section 1.1 of the Loan Agreement:
New Terms. Appendix II is hereby replaced in its entirety by the following Amended Appendix II. Pursuant to this Amended Appendix II, effective upon OBC’s receipt of the initial twenty thousand US dollar (US$20,000) payment, the running royalty to be paid by TMK on the Net Selling Price of its Licensed Consumer Batteries shall be 2.5% . Payment Up-front Up-front Royalty May, 2009 US$20K US$20K 2.5% August, 2009 US$40K US$60K 2.5% December, 2009 US$40K US$100K 2.5% February 1, 2010*(see Section 2.3) 0 US$100K 2.0% Gross Sales reach $30M/Yr US$200K US$300K 1.5% Gross Sales reach $50M/Yr US$500K US$800K 0.50% Gross Sales reach $75M/Yr US$1M US$1.8M 0.50% Gross Sales reach $150M/Yr US$1.5M US$3.3M 0.50% Gross Sales reach $250M/Yr US$1.7M US$5M 0.50%
New Terms. To confirm those new terms included within the DHA's and the City of Dover's Resolutions (First Amendment Exhibits 1.3 and 1.4):
3.1 Developer shall make a one-time, non-refundable Twenty Five Thousand Dollars ($25,000) payment to the City of Dover upon signing this First Amendment.
3.2 Developer agrees to release all claims to the current LDA $100,000 Deposit now held in escrow pursuant to the terms of LDA Exhibit 10.
1. Developer specifically authorizes payment of same to the City of Dover and DHA.
3.3 Developer shall continue to make reasonable efforts to attract an equity investor/ development partner willing to participate in the continued design, permitting and development of the Project. Developer shall keep DHA and the City of Dover reasonably informed of its efforts to do so. Developer shall have fifteen (15) months from the date the CWDAC approves the revised development program concept plan attached as Exhibit 2.1 (the "Investor Search Period"), to confirm to DHA and the City of Dover in writing its obtaining an equity investor/development partner whose development participation is contingent only upon obtaining "Permitting Agencies" approvals necessary for the Project as contemplated by the concluding paragraph to Section 4 of the LDA. The Investor Search Period shall end August 8, 2014, TIME IS OF THE ESSENCE. Developer's written disclosures shall be made to DHA's Executive Director (or authorized designee), to the Dover City Manager, and to the CWDAC Chairperson.
New Terms. The following defined terms are added to Section 5.0.0.0: “FS2 Base Amount” means $503,237 and “FS3 Base Amount” means $185,419, and the following defined terms are added:
New Terms. There shall be added to Section 1.1 of the Credit Agreement a new defined term, "Equity Forward Contract," to read as follows:
New Terms e.g., Waste (§1(ll))
New Terms. Termination for Convenience – one way Termination for Convenience From [three (3) months] following the Commencement Date, Supplier may at any time terminate this Agreement for convenience without liability to Customer by providing at least [three (3) months'] written notice to Customer. Termination for Convenience – mutual Termination for Convenience Save as otherwise provided by this paragraph, either party may at any time terminate any SOW for convenience at any time following [insert] from the relevant SOW Commencement Date without liability to the other party by providing at least [insert] written notice to the other party. If Customer exercises its right under paragraph 2.1 above, Customer shall be liable to pay the Termination for Convenience Fees. The "Termination for Convenience Fees" are as follows: [insert]. Warranties Warranties Customer warrants that it is duly incorporated and validly existing under the laws of England and Wales and is fully qualified and empowered to own its assets and carry on its business. Each party warrants that it has the requisite power, capacity, right, authority and any authorisation required by Applicable Laws and/or regulation to enter into and perform its obligations under this Agreement, and this Agreement, when executed, will constitute valid, lawful and binding obligations on it, enforceable in accordance with its terms. Insurance Insurance Supplier shall put in place and maintain for the Term and for a period of at least [two (2)] years afterwards, appropriate insurance policies in relation to the risks set out in paragraph 4.2 below with a reputable insurance company in respect of the performance of the Services, providing for the payment of a sum up to the amount stated in paragraph 4.2 below in aggregate of all claims. The policies and the amounts referred to in paragraph 4 are as follows: public liability for all risks: [●]; and professional indemnity: [●]. Supplier shall provide Customer with a certificate from its insurers upon Customer's reasonable request confirming that Supplier has valid insurance of the types and covering the amounts set out in paragraph 4.2 above.
New Terms. The following capitalized words and phrases shall have the following meanings when used in this Agreement:
