Notwithstanding Paragraph 4 b of this Agreement, Company shall assume all liability for and shall indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company’s negligence in connection with the design, construction, or operation of its Facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for: (a) Customer’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental, or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of Customer or for Customer’s costs and expenses of prosecuting or defending an action or claim against Company. This paragraph does not create a liability on the part of Company to Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.
Notwithstanding Paragraph 4. 1.1 above, any employee hired on or after the effective date of this Agreement shall be issued an initial contract on a non-renewable basis, after which subsequent contracts will be issued as renewable. For purposes of seniority determinations, however, all continuous unbroken service from the original date of hire will be counted.
Notwithstanding Paragraph 4. A above, if a Series A Preferred Unit Holder has delivered to the General Partner a Notice of Series A Preferred Redemption and the certificates representing the Series A Preferred Units, then the Parent may, in its sole and absolute discretion (subject to the limitations on ownership and transfer of REIT Shares set forth in the Charter), elect to assume and satisfy the Partnership’s Series A Preferred Redemption obligation and acquire some or all of the Tendered Series A Preferred Units from the Tendering Series A Preferred Unit Holder in exchange for the Series A Preferred REIT Shares Amount (as of the Series A Preferred Redemption Date) and, if the Parent so elects, the Tendering Series A Preferred Unit Holder shall sell the Tendered Series A Preferred Units to the Parent in exchange for the Series A Preferred REIT Shares Amount (to the extent then permitted by the rules of the New York Stock Exchange without having to obtain the approval of Parent’s stockholders). In such event, the Tendering Series A Preferred Unit Holder shall have no right to cause the Partnership to redeem such Tendered Series A Preferred Units. The Parent shall promptly, and in no event later than the Series A Preferred Redemption Date, give such Tendering Series A Preferred Unit Holder written notice of its election to deliver the Series A Preferred REIT Shares Amount, and the Tendering Series A Preferred Unit Holder may elect to withdraw its redemption request at any time prior to the acceptance of the cash or Series A Preferred REIT Shares Amount by such Tendering Series A Preferred Unit Holder. Assuming the Parent exercises its option to deliver the Series A Preferred REIT Shares Amount, the Parent shall contribute the Tendered Series A Preferred Units to the Parent Limited Partner. Upon Parent Limited Partner’s acquisition of the Series A Preferred Units (including the certificates, if any, representing such Series A Preferred Units), such Series A Preferred Units shall automatically be converted into a number of OP Units equal to the number of REIT Shares issued by Parent in such Series A Preferred Redemption. In addition, upon or subsequent to such conversion, the General Partner shall be permitted to make adjustments to the Capital Accounts of the Partners in order to prevent any differences in distributions among OP Units resulting from such conversion.
Notwithstanding Paragraph 4. 6 of the Master Lease, ------- Subtenant's entitlement to install any business identification sign shall be limited to (1) the entry and main lobby wall of the 00 Xxxxxx Xxxxx Building, and (ii) the suite entry to the Premises. In addition, there is an existing sign monument at the 00 Xxxxxx Xxxxx Building used for monument signage. Sublandlord agrees to install standard monument signage (at Subtenant's expense) on such monument which indicates Subtenant's company name; provided that: (a) Subtenant shall not have exclusive use of the monument and must share the signage space on such monument as determined by Sublandlord in its discretion; (b) the type, size, content, and appearance of such proposed monument signage shall be subject to the standards imposed by Sublandlord, such that all monument signage is consistent with Sublandlord's standards; and (c) Sublandlord may delay erecting such monument signage until February 28, 2000.
Notwithstanding Paragraph 4. 2 of the Lease to the contrary, Lessee shall not be responsible for any portion of the cost of Common Area Operating Expenses, except as provided in Paragraph 52 herein and as follows: Lessee shall be responsible for 20.76% of (i) increases above the Base Real Property Taxes, (ii) any Insurance Cost Increase and (iii) utilities for the Common Areas. EXHIBIT A [Floor Plan]
