Owner Covenants. OWNER covenants and agrees:
(a) that OWNER, its agents, owners, officers, directors, and employees, whether on LESSEE’s business or otherwise, shall not use or operate the Aircraft, or cause the Aircraft to be used or operated, (1) in violation of the Operating Instructions of the manufacturers, (2) in violation of any laws, ordinances, rules, and regulations, national, state, municipal, or otherwise, now existing or hereafter enacted, controlling or in any way affecting the operation, use, or possession of the Aircraft or the use of any airport premises by the Aircraft, (3) in violation or contravention with the conditions and limitations set forth in the applications for or policies of insurance made or issued pursuant to the terms of this Aircraft Lease, or (4) in violation of any of the provisions of Article 7 above that are applicable to OWNER.
(b) to be liable to LESSEE for and indemnify LESSEE against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSEE or incurred by LESSEE arising out of or in any manner occasioned by OWNER’s breach of this Article. This covenant of indemnity shall survive the expiration or termination of this Aircraft Lease.
Owner Covenants. Owner covenants, represents and warrants to Project Company as follows:
Owner Covenants.
5.1 The Owner so as to bind the Application Site covenants with the Council and the County Council:
5.1.1 to comply with the obligations set out in this Agreement and the Schedules of this Agreement;
5.1.2 not to Commence or permit Commencement or Occupation of the Development in breach of the obligations set out in the Agreement and the Schedules of this Agreement;
5.1.3 not to encumber or otherwise deal with their interest in the Application Site or any part or parts thereof in any manner whatsoever whereby the obligations, covenants and undertakings imposed by this Agreement are rendered impossible to carry out;
5.1.4 to pay to the Council the Monitoring Fee on Commencement of the Development;
5.1.5 to pay to the Council and the County Council on completion of this Agreement their respective reasonable legal costs and disbursements incidental to the negotiation preparation and execution of this Agreement;
5.1.6 to give the Council and the County Council in the form attached at Appendix 2 no less than five Working Days' notice in writing of:
(a) the Commencement of Development;
(b) the date of first Occupation of the first Dwelling;
(c) the date of first Occupation of 50% of the Market Dwellings (as defined in Schedule 1);
(d) the date of first Occupation of 75% of the Dwellings;
(e) the date of first Occupation of the 199th Dwelling within the Development;
(f) the date of first Occupation of the last Dwelling within the Development; and
(g) the date of the issue of a certificate of practical completion of the Development.
Owner Covenants. Until the earlier of the Closing or the Option Termination Date, unless Brookdale otherwise consents in writing, the Owner:
(a) Shall comply with all of the covenants applicable to it set forth in Articles V, VI and VII of the Senior Loan Agreement and shall promptly deliver to Brookdale copies of all financial statements, reports, notices, certificates or other writings delivered to the Senior Lender pursuant thereto. .
(b) Shall not incur any liabilities or obligations, contingent or otherwise, except expenses incurred in the ordinary course of administering its business or those that are incurred under or are necessary to comply or are permitted by with the provisions of the Senior Loan Agreements, and shall not enter into any agreement or contract, whether oral or written, except this Agreement, the Property Option Agreement, the Intercreditor Agreement, the Senior Loan Agreement, the Loan Documents (as defined therein) to which it is a party, the Development Agreement and the Management Agreement, and agreements entered into in the ordinary course of administering its business.
(c) Shall continue to own the Property (as defined in the Property Option Agreement), free of any liens, claims or encumbrances, other than Permitted Exceptions (as so defined).
(d) Shall not take any actions that might adversely affect Brookdale's rights under, or be inconsistent with the terms of, this Agreement other than as may be required by the Senior Loan Agreements or the Loan Documents (as defined therein).
Owner Covenants. Each Owner and the Owner Trustee will observe and perform the covenants and undertakings specified in each Mortgage and Security Document to which it is a party.
Owner Covenants. (a) Stormwater detention requirements shall be in accordance with City Codes.
(b) If wetlands or other critical environmental features are determined to exist on the Complex Site, Owner shall design the Complex and other elements in a manner consistent with federal, state, and local law.
(c) Renderings and depictions of the Complex shall not be advertised or released to the public without the mutual consent of the Parties.
(d) Owner shall provide to City the Project Construction Contract Bond or the Project Contractor Parent Guarantee in accordance with Section 9.4.4 hereof in a form and an amount and for a term reasonably acceptable to City.
(e) Owner shall provide the City Parties with a copy of any non-disclosure agreement between Owner and Operator.
(f) Owner shall use good faith and commercially-reasonable efforts, including the expenditure of reasonable sums, to obtain all Governmental Authorizations in a timely manner and otherwise in accordance with the terms hereof.
Owner Covenants. Owner agrees that during the Term (as herein defined), he shall not in the Territory (as herein defined), directly or indirectly:
(i) engage, manage, operate, control, join, or participate in any Competitive Business, whether such engagement shall be as an employer, officer, director, owner, agent, employee, partner, investor, trustee, consultant or other participant;
(ii) sell, solicit, or accept business or orders from Customers (as herein defined) of the Company with respect to products that are substantially similar to the Products;
(iii) sell or assist in the design, development, manufacture, production, licensing, sale, marketing or support of any Products;
(iv) interfere with, disrupt or attempt to disrupt relationships, contractual or otherwise, between the Company and its employees, contractors and Customers;
(v) hire any employees of the Company, except for Owner's personal assistant;
(vi) interfere with any supplier, vendor or Customer or attempt to disrupt relationships, contractual or otherwise, between the Company and any supplier, vendor or Customer;
(vii) solicit or submit orders with regard to any Products to any supplier, vendor or Customer which is competitive with the Business; or
(viii) disclose to any person or entity, or use for his own benefit or for the benefit of any other person or entity, any Proprietary Information; provided, however, that the foregoing prohibition against disclosure of Proprietary Information shall not apply to Owner's disclosure of Proprietary Information that (a) to any technical, financial or legal professionals that Owner retains in connection with my affiliation with the Company; provided that all such professionals agree to and do keep all such information confidential, (b) that Owner is required to disclose pursuant to judicial action or decree having jurisdiction over Owner or (c) that is available to the general public through no fault of Owner.
Owner Covenants. The Owner covenants at all times to observe and perform the following obligations and duties in relation to the Land:
Owner Covenants. The Owner covenants and agrees with the Minister as set out in the Third Schedule so that this Agreement shall be enforceable without limit of time against the Owner and any person claiming or deriving title through or under the Owner to the Site or any part or parts thereof.
Owner Covenants. During the effective period of this Agreement, Owner covenants and agrees:
(a) That all contact with and service to renters of the Property shall be through Agent;
(b) That rental rates shall be established by Agent and reviewed annually by owner;
(c) That all remuneration for a rental unit shall be collected through Agent;
(d) To not accept remuneration directly from a renter;
(e) If Agent so directs, Owner is to provide account information and authorization to Agent for direct deposit in Owner’s account such sums as described in paragraph 9(m).
(f) To advise Agent in writing prior to listing any apartment or unit for sale, to adhere to provisions pertaining to the sale as provided in the “Vacation Rental Act” and to ensure that all sales representatives coordinate showings with Agent and sign for keys to units for sale, with the provision that at the discretion of Agent:
(1) Keys may not be issued for reasons of privacy, security or peaceful and quiet enjoyment of the renter; and
(2) All keys must be returned on the date of issuance;
(3) Owner hereby indemnities and saves and holds Agent harmless from any loss or liability suffered as a result of issuance of keys to sales persons other than those employed by Agent, or damages to lock box placed on property.
(g) To use his best efforts to avoid reservation conflicts and to submit requests to Agent in writing. Owner agrees that prior confirmed rentals of the Property shall have priority over Owner's request to stay at the Property. In the event of a conflict, Owner agrees that it is in the sole discretion of Agent to request that Tenant move to another property. If Agent makes the request and Xxxxxx agrees to move, Owner shall pay Agent the full commission due on the rental as if the tenant had taken possession of the Owner’s property for the entire period occupied by Owner. However, if Agent determines not to request the move or if tenant refuses to move, Owner agrees to stay at an alternative available accommodation and to pay the prevailing rental rate for the occupied property for the duration of their stay at that property;
(h) To submit in writing to Agent any instructions not to rent a particular rental unit;
(i) That during any period of Owner occupancy of a rental unit, Owner shall pay the regular housekeeping, linen, and service fees, which shall be billed to Owner's account with Agent as used;
(j) That Owner and their guests shall abide by the rules and regulations established by Agent for occup...
