OTHER PROVISIONS AND CONDITIONS. 1. Lessee shall be a current Delaware resident and be able to provide documentation supporting this condition upon request from lessor.
2. Lessee hereby grants to lessor a security interest in the farm crops grown by lessee on the leased premises during the term of this lease, whether such crops are standing, grown, in storage or in transit, and in any proceeds from the sale, exchange, transfer or other disposition of the collateral or proceeds, to ensure the performance by the lessee under all agreements with the lessor as well as payment of any and all sums now, heretofore and hereafter owing to the lessor by the lessees as a result of lessor entering into this lease agreement with lessee.
3. Lessor reserves the right to prohibit the use of certain pesticides on the leased premises. In addition, lessor may require lessee to inform lessor when certain pesticides will be applied.
4. Lessee will monitor annually the soils on the leased premises via soil sample analysis and provide lessor with copies of the soil sample analysis reports each year no later than October
OTHER PROVISIONS AND CONDITIONS. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. Any power of approval or disapproval granted to the COUNTY under the terms of this Agreement shall survive the term of this Agreement. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. In the event travel is pre-approved by the COUNTY, any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. If the SUBRECIPIENT is allowed to temporarily invest any advances of CDBG-DR funds under this Agreement, any interest income shall either be returned to the COUNTY. The SUBRECIPIENT acknowledges being subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect to the meetings of the SUBRECIPIENT’S governing board or the meetings of any subcommittee making recommendations to the governing board. The SUBRECIPIENT agrees that all such aforementioned meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. The SUBRECIPIENT shall comply with section 519 of P.L. 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section 906 of P.L. 101-625, the Xxxxxxxx-Xxxxxxxx National Affordable Housing Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing, the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Upon expiration or termination of this Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG-DR funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-DR f...
OTHER PROVISIONS AND CONDITIONS. (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.)
OTHER PROVISIONS AND CONDITIONS. (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.): None.
OTHER PROVISIONS AND CONDITIONS. 1. Lessee shall be a current Delaware resident and be able to provide documentation supporting this condition upon request from lessor.
2. Lessee hereby grants to lessor a security interest in the farm crops grown by lessee on the leased premises during the term of this lease, whether such crops are standing, grown, in storage or in transit, and in any proceeds from the sale, exchange, transfer or other disposition of the collateral or proceeds, to ensure the performance by the lessee under all agreements with the lessor as well as payment of any and all sums now, heretofore and hereafter owing to the lessor by the lessees as a result of lessor entering into this lease agreement with lessee.
3. Lessor reserves the right to prohibit the use of certain pesticides on the leased premises. In addition, lessor may require lessee to inform lessor when certain pesticides will be applied.
4. Lessee will monitor annually the soils on the leased premises via soil sample analysis and provide lessor with copies of the soil sample analysis reports each year no later than October 30. Lessee will apply lime at sufficient rates to maintain soil pH of 5.8 to 6.5. Fertilizer will be applied by lessee at an equal rate on both crop lands to be harvested by the lessee and those left unharvested pursuant to subparagraph 2, above.
5. Lessee shall not plow, disc or otherwise till any areas until March 15 of each year. Lessee shall not plow, disc or plant within 15 feet of the field edges.
6. Lessee shall comply with all prevailing laws concerning control of noxious vegetation and nutrient management on all leased acreage.
7. Lessor reserves the right to create new hedgerows, ponds, wetlands, buffer strips, or divert land for other uses. Annual rental shall be reduced to reflect acreage taken out of production.
8. All hunting and trapping rights and privileges and all other land uses except agricultural tillage and livestock grazing are reserved by the lessor. The lessee is advised to harvest all crops as early as possible to prevent damage due to hunting as these lands may be open to public hunting.
9. This lease agreement shall not be subleased by lessee without the prior written consent of the lessor.
10. Lessor reserves the right to grant easements and rights of way across or upon the leased property for public highways, railroads, tramways, telephone and telegraph transmission lines, pipelines, irrigation canals, raised canals and similar purposes. Lessee shall not make any cl...
OTHER PROVISIONS AND CONDITIONS. A. Without limiting the generality of Section 1 hereof, the security interest created by this Agreement attaches to all types of property described in the Agreement and hereafter acquired by Grantor, whether as replacement for any of the Collateral or otherwise.
B. This Agreement shall bind Grantor and its successors and assigns and shall inure to the benefit of Administrative Agent and its successors and assigns.
C. Time shall be of the essence in the performance by Grantor of all the covenants, obligations and agreements of Grantor hereunder.
D. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity or enforceability of any other provisions of this Agreement.
E. As used herein, as appropriate, the singular use includes the plural, and the plural includes the singular.
F. All exhibits and schedules attached to this Agreement are an integral part hereof and are incorporated herein as though fully set forth at this point.
G. No course of dealing in respect of, nor any omission or delay in the exercise of, any right, power, remedy or privilege vested in Administrative Agent by this Agreement shall operate as a waiver thereof, and any waiver by Administrative Agent shall only be effective if in writing and signed by an officer of Administrative Agent.
H. No amendment or modification of any provision of this Agreement, nor consent to any departure by any party therefrom, shall be binding and effective unless the same shall be in writing and signed by a duly authorized representative of Administrative Agent, which writing shall be strictly construed.
I. In the event of any inconsistency between the several captions and section headings of this Agreement and the provisions to which they pertain, the meaning of the provisions shall control.
J. This Agreement contains the final, complete and exclusive agreement of the parties pertaining to its subject matter and supersedes all prior written and oral agreements pertaining thereto. Without limitation of the preceding sentence, this Agreement consolidates, amends and restates in their entirety, as set forth in the Recitals to this Agreement, the Original Security Agreement and the OMNI Acquisition Security Agreement.
K. This Agreement may be executed in any number of counterparts and by any combination of the parties to this Agreement in separate counterparts, each of which counterparts shall be an original and all of which taken together shall constitute one and the same A...
OTHER PROVISIONS AND CONDITIONS. See Attached Addendums and/or Exhibits
OTHER PROVISIONS AND CONDITIONS. A. The Lender understands that the Patents are currently held in the name of LSBC but that LSBC may wish to assign, grant exclusive licenses or otherwise transfer (“Transfer”) such Patents to PDI in connection with or in preparation for an initial public offering or other financing of the business of PDI (“PDI Financing”). Lender hereby authorizes such Transfer from LSBC to PDI provided that i) LSBC and PDI execute such other and additional documents as counsel for Lender deems necessary and proper to assure that this Security Agreement or equivalent remains effective and that the security interest of Lender remains unimpaired and ii) LSBC and PDI shall not thereafter, without the prior written consent of Lender, which shall not be unreasonably be withheld, directly or indirectly, Transfer such Patents to any third person or create, assume or incur, or suffer to be created, assumed or incurred or to exist, any encumbrance in respect of the Patents, the capital stock and/or assets of PDI, other than in respect of encumbrances granted in favor of the Lender.
B. The Lender shall (i) on the earlier to occur of (x) the date of consummation of the PDI Financing and (y) the date on which the Lender determines in his sole discretion that the consummation of the PDI Financing is imminent, duly release his security interest in the Collateral reasonably required in connection with the PDI Financing and (ii) on the date of consummation of the sale of all or substantially all of the assets and/or equity interests of PDI, release his security interest in the Collateral reasonably required in connection with such sale, in each case, with his security interest to attach to the proceeds of such transactions or to such other collateral as Lender may reasonably determine is necessary to preserve his security interest without impairment. Borrower and Lender will promptly execute and deliver such documentation to the extent reasonably required in connection therewith; it being understood and agreed that all costs associated with such releases shall be borne solely by the Borrower.
C. Without limiting the generality of Section 1 hereof, the security interest created by this Agreement attaches to all types of property described therein and hereafter acquired by Borrower, whether as replacement for any of the Collateral or otherwise.
D. This Agreement shall bind Borrower and its successors and assigns and shall inure to the benefit of Lender and its successors and assigns.
E. Tim...
OTHER PROVISIONS AND CONDITIONS. If applicable, any other provisions or special conditions that apply to this transaction shall be listed on the attached Schedule C which, if present, is part of this Agreement.
OTHER PROVISIONS AND CONDITIONS. (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO, SEE LIST OF STANDARD FORM ADDENDA AVAILABLE.)
