Notice by Xxxxxx. On or before the Reference Date, Kroger shall inform the Settling States of its determination pursuant to Section VIII.B. If Kroger determines to proceed, the Parties will proceed to file the Consent Judgments and the obligations in the Subdivision Settlement Participation Forms will be effective and binding as of the Reference Date. If Kroger determines not to proceed, this Agreement will have no further effect, any amounts deposited for Payment Year 1, including funds referenced in Section IV.D.1 and Exhibit M, shall revert to Kroger, and all releases (including those contained in Subdivision Settlement Participation Forms) and other commitments or obligations contained herein or in Subdivision Settlement Participation Forms will be void.
Notice by Xxxxxx. If the Rented Space is damaged or destroyed by any peril covered by the insurance to be provided by Landlord under subparagraph (a) above, Tenant shall give immediate written notice thereof to Landlord.
Notice by Xxxxxx. Tenant shall give immediate notice to Landlord in case of fire or accidents, or damage to or of defects in the Leased Premises or in the building of which the Leased Premises are a part.
Notice by Xxxxxx. Tenant shall give City verbal and written notice of any unauthorized Release of any Hazardous Material, except for Releases considered to be de minimis under Environmental Laws, known to Tenant. Such report shall be made in conformance with those procedures established in the Airport Rules. In addition, to the extent known to Tenant, Tenant shall notify City in writing, to the extent related to the Airport, of: (a) a pre-existing condition of contamination other than such conditions previously disclosed to the Tenant by City; (b) any enforcement, clean-up, removal or other government or regulatory action instituted, completed or threatened against Tenant or the Airport pursuant to any Environmental Laws; (c) any claim made or threatened by any person against Tenant or the Airport relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from any Hazardous Materials on or about the Premises; and (d) any reports made by Tenant to any environmental agency arising out of or in connection with any Hazardous Materials or pursuant to any Environmental Laws or permits on or about the Premises. Tenant shall also supply to City as promptly as possible, and in any event within ten (10) business days after Tenant first receives or sends the same, with copies of all claims, reports, complaints, notices or warnings of, and any other communications related to asserted violations of Environmental Laws or permits by Tenant relating in any way to the Premises or Tenant’s use thereof.
Notice by Xxxxxx. Each Holder, prior to taking any action pursuant to Section 9.2(a) or (b), shall use commercially reasonable efforts to advise each other Holder not participating in the taking of, or who has not previously been apprised of such Xxxxxx’s intention to take, such action of such Holder’s intention to take such action; provided, however, that such Holder shall not be obligated to take such action after so advising such other Holders; provided, further, that the failure of such Holder to provide such notice to such other Holders shall not void or otherwise effect the validity of such action.
Notice by Xxxxxx. At any time during the Term, the Lender shall have the right to demand repayment of the Loan Amount and payment of the Interest by giving a Repayment Notice to the Borrower. Upon the Lender giving a Repayment Notice to the Borrower, the Borrower shall repay the Loan Amount and the Interest to the Lender in accordance with clause 6.4.
Notice by Xxxxxx. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Leased Premises or of defects therein or in any fixtures or equipment. However, such notices, or any occurrence giving rise thereto, shall not impose any duty on Landlord except as otherwise expressly provided herein.
Notice by Xxxxxx. Xxxxxx agrees to notify Citadel of any liabilities, claims or misrepresentations, breaches or other matters covered by this Article V upon discovery or receipt of notice thereof (other than from Citadel), whether before or after Closing.
Notice by Xxxxxx. Upon the occurrence of an Event of Default hereunder (unless all Events of Default have been waived by Holder or cured), Holder may, at Holder’s option, (i) by written notice to the Company, declare the entire unpaid Principal Amount of this Note (together with any accrued but unpaid interest thereon) immediately due and payable regardless of any prior forbearance, and (ii) subject to the other provisions of this Note (including Section 6 hereof), exercise any and all rights and remedies available to it under applicable law, including, without limitation, the right to collect from the Company all sums due under this Note. The Company shall pay all reasonable costs and expenses incurred by or on behalf of Holder in connection with Xxxxxx’s exercise of any or all of Holder’s rights and remedies under this Note, including, without limitation, reasonable attorneys’ fees and disbursements. During the period in which an Event of Default is occurring (and has not been waived by Holder or cured), notwithstanding the provisions of Section 1(a), the Principal Amount shall bear interest not at 2% as provided in such section, but instead at a rate equal to the lesser of (i) eighteen percent (18%) or (ii) the highest amount permitted by applicable law.
Notice by Xxxxxx. Following entry to the Building by the Tenant the Tenant shall give notice to the Developer forthwith upon the happening of any event or thing of which it is aware which might affect or give rise to a claim under any insurance policy (details of which have been supplied to the Tenant) relating to the Demised Premises or any other part of the Building