OWNER'S AGREEMENTS Sample Clauses

OWNER'S AGREEMENTS. 3.1 Owner, at its option, may pay directly all of the following charges relating to the Premises: taxes, special assessments, ground rents, insurance premiums (other than premiums arising out of Section 2.1(b) for which Property Manager is responsible), and mortgage payments. If Owner does not elect to make any or all of said payments, Property Manager shall do so out of the Bank Account, if so directed in writing by Owner. 3.2 Owner shall self-insure or, at its option, require Property Manager to coordinate the placement of property insurance upon the Premises including both liability and all risk property insurance and shall look first to such insurance or self-insurance for indemnity against any loss or damage to the Premises or to any tenant insurance, except in the case of Property Manager's negligence (when Property Manager is acting outside of the scope of its employment or in violation of this Agreement), gross negligence or willful misconduct, or as otherwise provided herein. To the extent that policies shall be procured, Owner shall obtain waivers of subrogation in favor of Property Manager under such policies. Property Manager shall be an insured as real estate manager on Owner's liability policy. 3.3 With respect to liabilities arising out of the use and operation of the Premises and arising under this Agreement except for liabilities arising out of section 2.1(b), Owner shall indemnify and save harmless Property Manager from and against all claims, losses and liabilities (including, without limitation, all costs and attorneys fees and expenses incurred in connection therewith) resulting from damage to property or injury to, or death of, persons, defamation and false arrest (including, but not limited to, the property and persons of the parties hereto and their agents, contractors, subcontractors and employees), occasioned by or arising out of, acts or omissions (other than criminal acts), of (i) Property Manager (except in the case of Property Manager's negligence when Property Manager is acting outside of the scope of its employment or in violation of this Agreement), gross negligence or willful misconduct, or (ii) Owner or Owner's agents, employees, contractors or subcontractors. Nothing contained in this Section 3.3 shall be construed as creating or evidencing an employment relationship between Owner and any or all persons employed or utilized by Property Manager pursuant to Section 2.1(b) for the operation and maintenance of the Premises.
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OWNER'S AGREEMENTS. Owner hereby acknowledges ownership of the Fuel throughout the effective term of this Agreement and agrees that from the date of this Agreement it will: (i) take no position inconsistent with its ownership of the Fuel in any filing with a governmental agency or department (including any tax return) or in any judicial or administrative proceeding (other than a judicial proceeding in which the provisions of this Agreement may be at issue); (ii) account for the Fuel as an asset of Owner and cause the Fuel to be reflected as such in its financial statements; and (iii) provide from time to time such further assurances and written confirmation of its ownership of the Fuel as shall reasonably be requested by Operator.
OWNER'S AGREEMENTS. Owner hereby covenants and agrees as follows:
OWNER'S AGREEMENTS a. Owner(s) agrees to complete and keep updated a Connecticut Residential Property Condition Disclosure Report and Title X Lead-based paint disclosure (if applicable) and authorizes the Broker to disclose the information contained therein. b. Owner(s) is either the Owner(s) of the Listed Property or has full authority to enter into this Agreement. c. Owner(s) has received a copy of this Agreement. d. Owner(s) represents that there are no other listings or agreements in effect concerning this Property, including open listings. e. Owner(s) understands that names of attorneys, contractors, and other professionals are furnished as an accommodation to Owner(s) and do not constitute an endorsement or guaranty of such professional or the professional’s work product. f. Owner(s) agrees to pay reasonable attorney’s fees that Xxxxxx may incur to collect monies due under this Agreement. g. Broker reserves the right to terminate this Contract by written notice to the Owner(s) if the Broker has reasonable cause to believe the Owner(s) may be unable to consummate a sale of the Listed Property for the List Price set forth above by reason of liens, encumbrances, title disputes or other matters affecting title to the Property. h. Owner(s) agrees to refer to Xxxxxx all requests for information about showings or offers for the Property, and to advise said Broker of any contacts made by any prospective buyer, tenant, or other broker.
OWNER'S AGREEMENTS. 3.1. Owner, at its option, may pay directly all taxes, special assessments, ground rents, insurance premiums and mortgage payments. If Owner makes such election, Agent shall advise Owner of the due dates of such taxes assessments, insurance premiums and mortgage payments. Otherwise, Agent shall make such payments promptly so as to avoid late fees, penalties or other charges
OWNER'S AGREEMENTS 

Related to OWNER'S AGREEMENTS

  • Shareholders Agreements Any agreement by and between the Shareholder and any Affiliate of the Company;

  • Shareholders Agreement For so long as the ratio of the number of the Equity Securities owned by the Star Group on a fully diluted basis divided by the number of the Equity Securities owned by the Investor Group on a fully diluted basis is at least 0.6, the Guarantor may not take any of the actions set forth in schedule II of the Shareholders’ Agreement without the prior written approval of Star. For the purpose of this clause “on a fully diluted basis” means taking into account any shares issued or issuable under warrants, options and convertible instruments (or other equity equivalents).

  • Selected Dealers Agreements (a) The Distributor shall have the right to enter into selected dealer agreements with Selected Dealers for the sale of Shares. In making agreements with Selected Dealers, the Distributor shall act only as principal and not as agent for a Fund. Shares sold to Selected Dealers shall be for resale by such dealers only at the public offering price set forth in the Prospectus. With respect to Class A Shares, in such agreement the Distributor shall have the right to fix the portion of the applicable front-end sales charge which may be allocated to the Selected Dealers. (b) Within the United States, the Distributor shall offer and sell Shares only to Selected Dealers that are members in good standing of the NASD. (c) The Distributor shall adopt and follow procedures, as approved by each Fund, for the confirmation of sales of its Shares to investors and Selected Dealers, the collection of amounts payable by investors and Selected Dealers on such sales, and the cancellation of unsettled transactions, as may be necessary to comply with the requirements of the NASD, as such requirements may from time to time exist.

  • Stockholders Agreement Investor and the other parties to the Stockholders Agreement shall have executed and delivered the Stockholders Agreement to the Company.

  • Partnership Agreements Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except as the enforcement thereof may be limited by (A) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally or (B) the effect of general principles of equity, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree.

  • Tax Matters Agreement If the Contributor (1) owns, directly or indirectly, an interest in any Contributed Property specified in the Tax Matters Agreement or (2) has any members that have been provided an opportunity to guarantee debt as set forth in the Tax Matters Agreement, the REIT and the Operating Partnership shall have entered into the Tax Matters Agreement substantially in the form attached as Exhibit D, if applicable.

  • Securityholders Agreement The term "Securityholders Agreement" shall mean the Securityholders Agreement dated as of the Closing Date, among Dairy Holdings, Vestar, the Management Investors, and the other securityholders a party thereto, as it may be amended or supplemented thereafter from time to time.

  • Previous Agreements This Agreement constitutes the entire understanding of the parties and is intended as a final expression of their agreement and a complete statement of the terms thereof. There are no promises, terms, conditions, or obligations, other than contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Company Lock Up Agreements The Company, on behalf of itself and any successor entity, agrees that, without the prior written consent of the Placement Agent, it will not for a period of thirty (30) days after the date of this Agreement (the “Lock-Up Period”), (i) offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise transfer or dispose of, directly or indirectly, any ADSs, Ordinary Shares or other capital stock of the Company or any securities convertible into or exercisable or exchangeable for ADSs, Ordinary Shares or such other shares of capital stock of the Company; (ii) file or cause to be filed any registration statement with the Commission relating to the offering of any ADSs, Ordinary Shares or other shares of capital stock of the Company or any securities convertible into or exercisable or exchangeable for shares of capital stock of the Company; or (iii) complete any offering of debt securities of the Company, other than entering into a line of credit with a traditional bank or (iv) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of ADSs, Ordinary Shares or other capital stock of the Company, whether any such transaction described in clause (i), (ii), (iii) or (iv) above is to be settled by delivery of ADSs, Ordinary Shares or other shares of capital stock of the Company or such other securities, in cash or otherwise. The restrictions contained in this Section 3.18 shall not apply to (i) the ADSs, Ordinary Shares and the Placement Agent’s Warrant, (ii) the issuance by the Company of ADSs upon the exercise of the Placement Agent’s Warrant or a stock option or warrant or the conversion of a security outstanding on the date hereof, or issuable pursuant to currently existing undertakings of the Company, which is disclosed in the Registration Statement, Disclosure Package and Prospectus, provided that such options, warrants, and securities have not been amended since the date of this Agreement to increase the number of such securities or to decrease the exercise price, exchange price or conversion price of such securities or to extend the term of such securities, (iii) the issuance by the Company of stock options, shares of capital stock of the Company or other awards under any equity compensation plan of the Company, provided that the underlying shares shall be restricted from sale during the entire Lock-Up Period; and (iv) transactions with members of the management and/or the board of directors of the Company, involving the issuance of equity securities of the Company in consideration of cash, provided that the underlying shares shall be restricted from sale during the entire Lock-Up Period.

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