Other Material Terms. Under the terms of the Right of First Offer, you must exercise your rights, if at all, as to the Designated Offer Space on the depiction attached to this Offer Notice within [ ] days after Landlord delivers such Offer Notice. Accordingly, you have until 5:00PM local time on , 20_, to exercise your rights under the Right of First Offer and accept the terms as contained herein, failing which your rights under the Right of First Offer shall terminate and Landlord shall be free to lease the Designated Offer Space to any third party. If possible, any earlier response would be appreciated. Please note that your acceptance of this Offer Notice shall be irrevocable and may not be rescinded. Upon receipt of your acceptance herein, Landlord and Tenant shall execute an amendment to the Lease memorializing the terms of this Otter Notice including the inclusion of the Designated Otter Space in the Premises; provided, however, that the failure by Landlord and Tenant to execute such amendment shall not affect the inclusion of such Designated Offer Space in the Premises in accordance with this Offer Notice. THE FAILURE TO ACCEPT THIS OFFER NOTICE BY (1) DESIGNATING THE "ACCEPTED" BOX, AND (2) EXECUTING AND RETURNING THIS OFFER NOTICE TO LANDLORD WITHOUT I - 4 MODIFICATION WITHIN SUCH TIME PERlOD SHALL BE DEEMED A WAIVER OF TENANT'S RlGHTS UNDER THE RlGHT OF FIRST OFFER FOR SUCH DESIGNATED SPACE, AND TENANT SHALL HAVB NO FURTHER RlGHTS TO THE DESIGNATED OFFER SPACE. THE FAILURE TO EXECUTE THIS LETTER WITHIN SUCH TIME PERlOD SHALL BE DEEMED A WAIVER OF THIS OFFER NOTICE. Should you have any questions, do not hesitate to call. Sincerely, [please check appropriate box} ACCEPTED o REJECTED o CIENA CORPORATION, a Delaware corporation By: Name: Title: Date: Enclosure [attach depiction a/Designated Offer Space] I - 5 EXHIBIT J BUILDING 2 WORK LETTER AND BUILDING 2 BASE BUILDING DESCRIPTION Landlord shall complete the base-building for Building 2 (the ''Building 2 Base Building") in accordance with the specifications for such base-building construction set forth in Schedule 1 attached hereto ("Building 2 Specifications") and plans specified on Schedule 2 attached hereto (the ''Building 2 Base Building Plans") in a good and workmanlike manner (the "Building 2 Base Building Work"). Landlord shall pay all costs for designing the Building 2 Base Building (excluding the tenant improvements) and, except as expressly set forth to the contrary in Schedule 1, Landlord shall bear all costs ...
Other Material Terms.
5.1 Upgrades/Developments (a) Following the completion of the Initial Closing:
(i) the HUPEG Arena Tenant will, at its own cost, undertake the Arena Work in accordance with the applicable provisions of the Arena Lease, which Arena Work will include the transformation of the lower bowl of the Arena as described in Schedule A;
(ii) the HUPEG Concert Hall Tenant will, at its own cost, undertake the Concert Hall Work in accordance with the applicable provisions of the Concert Hall Lease, which Concert Hall Work will include the renovations, upgrades and enhancements to the Concert Hall described in Schedule B;
(iii) the HUPEG Convention Centre Tenant will, at its own cost, undertake the Convention Centre Work in accordance with the Convention Centre Lease, which Convention Centre Work will include the renovations, upgrades and enhancements to the Convention Centre described in Schedule C; and
(iv) HUPEG will provide HUPEG’s AGH Collaboration and Support to the AGH.
Other Material Terms. ● The Company has the right to repurchase the Securities. ● The Securities do not have a stated return or liquidation preference. ● The Company cannot determine if it currently has enough capital stock authorized to issue upon the conversion of the Securities, because the amount of capital stock to be issued is based on the occurrence of future events.
Other Material Terms. Pursuant to the International Retail Management Agreement, Beijing Airport Commercial and Trading is authorised by the Company to sign individual retail contracts with each of the retailers in relation to the use and operation of retail resources, and the terms of such retail contracts shall not be in contradiction with the terms of the International Retail Management Agreement. In addition, Beijing Airport Commercial and Trading shall ensure that each of the retailers will make all payments to the Company’s designated bank account directly. The Company will then pay Beijing Airport Commercial and Trading the entrusted management fees, details of which are set out in the section headed “Consideration and payment” in this announcement. The Company expects that the retailers and their ultimate beneficial owners will be third parties independent of the Company and its connected persons. In respect of commercial planning, the Company and Beijing Airport Commercial and Trading will establish a working mechanism for collaborative management. In particular, the Company is responsible for, and Beijing Airport Commercial and Trading will participate in, the management of resource allocation, layout, business type and product categories. In respect of the formulation of standards, the Company is responsible for formulating (i) operator access standards, (ii) brand access standards, (iii) service standards; and (iv) resource value evaluation standards. In respect of market development and merchandising, Beijing Airport Commercial and Trading is responsible for formulating and implementing merchandising proposals. The Company is responsible for reviewing the appropriateness of resource allocation plans in the merchandising proposals. The results of the merchandising proposals are considered and approved by Beijing Airport Commercial and Trading and reported to the Company for filing. In respect of contracting and management of contracts, the Company authorizes Beijing Airport Commercial and Trading to enter into contracts with retailers. Any leasing agreements entered into between Beijing Airport Commercial and Trading and retailers shall be reported to the Company. In respect of the daily operation and management of retail businesses, Beijing Airport Commercial and Trading is entrusted by the Company to undertake daily operation and management of the retailers, including safety, servicing, logistics, cashier, renovation, as well as management of resources, premises a...
Other Material Terms. As mentioned in the section headed “Purchase of Temporary Storage and Lost and Found Services Agreement – Material terms of the Purchase of Temporary Storage and Lost and Found Services Agreement – Services” above, the Company agreed to grant the right to use the warehouse at T2 and necessary appertaining passageways, stairs and facilities to Beijing Airport Tourism Business free of charge in order to facilitate the provision of relevant services by Beijing Airport Tourism Business under the Purchase of Temporary Storage and Lost and Found Services Agreement. Beijing Airport Tourism Business agreed to use and maintain such warehouse, subject to the management of and constraints imposed by the Company. Historically, the Company had entered into agreement(s) with Beijing Airport Tourism Business pursuant to which similar transactions were conducted by Beijing Airport Tourism Business, namely the provision of temporary storage of belongings for security inspection (excluding collection of passengers’ belongings at the security inspection site) and lost and found services to passengers at T1, T2 and T3. The historical transaction amount of the service fee paid by the Company to Beijing Airport Tourism Business in respect of such agreement(s) are set out below: Service fee paid by the Company to Beijing Airport Tourism Business
Other Material Terms. Restructuring Expenses The Company and its Subsidiaries will pay all reasonable expenses of the Committee and its members in connection with the restructuring: including (i) individual Committee members' reasonable out-of-pocket expenses (excluding attorneys' fees) associated with the negotiation and, to the extent an agreement is reached, facilitation of the anticipated restructuring; (ii) the Committee's professionals' reasonable fees and expenses; and (iii) the reasonable fees and expenses of the Trustee under each Indenture and its counsel.
Other Material Terms. The Company shall be responsible for paying the service fees as agreed in the agreement, and provide the Aviation Services Company with necessary conditions and assistance to render its services. Under special circumstances, including but not limited to initiating contingency plans and undertaking important safeguards, the Company shall be entitled to specify further work requirements which the Aviation Services Company shall comply with and implement accordingly. The Company shall be entitled to supervise and inspect the work of the Aviation Services Company, while managing its services through reporting, requiring rectification in prescribed time periods, and deducting contract sum as penalty. The Aviation Services Company shall provide relevant services pursuant to the scope of services and specific service requirements. It shall also provide staff who are qualified and can meet the service requirements to render the relevant services, and ensure that all service staff has completed and passed the pre-employment training and assessment. It shall properly carry out daily management of service staff, whose services shall be subject to supervision to ensure service quality. If the Aviation Services Company or its employees causes any property damage or personal injury to the Company, the relevant on-site units of Beijing Capital Airport and its staff, travellers or any other third parties, the Aviation Services Company shall proactively take remedial measures to reduce the occurrence of loss and shall compensate for the actual losses caused to the Company or third parties. If the Company is subject to any demand for compensation or litigation from a third party as a result of the fault of the Aviation Services Company as set out above, the Aviation Services Company shall be responsible for handling the matter and the payment of compensation. If the Company has already handled the matter, the Company is entitled to demand reimbursement and compensation from the Aviation Services Company for all reasonable expenses incurred, including but not limited to compensation, fees for litigation or arbitration, legal fees, loss of earnings and transportations fees, etc. The following table shows the historical figures of service fee paid by the Company to the Aviation Services Company for the provision of services by the Aviation Services Company: For the Service fee paid by the Company to the Aviation Services Company 16,606,000 31,966,000 90,690,000 2,897,000 (Note...
Other Material Terms. The following material interpretations and terms apply to this Agreement: (a) Use of terms like include, including and similar terms shall mean “including but not limited to;”
Other Material Terms. A. INSURANCE -- Ryan Beck will keep in effect all SIPC and other insxxxxxx xxquired by law or governmental authorities to be maintained with regard to the Customer Accounts.
B. CAPITAL -- Ryan Beck will receive an infusion, as needed, of $10 xxxxxxx of capital during the 90 day period following execution of this Agreement in order to facilitate the transaction. The capital will not come from the Sellers, Zurich Global Assets LLC, Orange Stone LLC, or any affiliate of any of them.
Other Material Terms. (a) The Tenant may sub-lease part of the Property under the New Lease Agreement; and
(b) the Tenant has a priority of lease of the Property should the Landlord wish to lease the Property after the expiry of the terms under the New Lease Agreement and if the Tenant can match the terms offered by the Landlord to other potential tenants.
