Ownership and Transfer of Development Property; Valuation Sample Clauses

Ownership and Transfer of Development Property; Valuation i. Except as set forth in this Agreement, the County shall retain ownership of the Development Property, and during such ownership shall be responsible for retaining insurance thereon and exercising all obligations of ownership related thereto. ii. The Parties acknowledge and agree that the County has provided the City with a construction easement sufficient to allow the City to complete that portion of the Infrastructure Improvements depicted in Exhibit D. iii. Conditioned upon the City being and remaining in compliance with this Agreement, the County shall, within sixty (60) days of the date of this Agreement, for $1 and other consideration set forth herein, convey title to the City, by deed without warranty, that portion of the Development Property depicted in Exhibit D and described in Exhibit E, provided that: A. The County shall have sole discretion to determine what non-right-of- way portion of the Development Property shall be transferred to the City. B. The City shall sell the non-right-of-way portion of the Development Property conveyed to it by the County to a private third-party developer consistent with a Development Proposal approved pursuant to Section 3(d)(iv) of this Agreement by the JDC, under such terms and in such form as is agreed to by the City and County, subject to the completion of all necessary legislative and legal processes. C. The City shall, immediately upon receipt, transfer to the County the Net Sale Proceeds received by the City from the sale of any portion of the Development Property to a third party. D. The City shall not use any portion of the non-right-of-way portion of the Development Property for tax exempt purposes absent the express written consent of the County. Upon the City providing the County with proof of financing for any additional portion of the Infrastructure Improvements and the City initiating the bid letting process for such Infrastructure Improvements, the County shall, for $1 and other consideration set forth herein, convey title to the City, by deed without warranty, that portion of the Development Property comprised of the right-of-way for the additional Infrastructure Improvements and the developable portion of the Development Property that will be directly served by the additional Infrastructure Improvements, provided that such transfer shall be subject to the conditions set forth in A-D above.
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Ownership and Transfer of Development Property; Valuation i. Except as set forth in this Agreement, the County shall retain ownership of the Development Property, and during such ownership shall be responsible for retaining insurance thereon and exercising all obligations of ownership related thereto. ii. The County agrees to provide the City with construction easements upon the Development Property, at no additional cost to the City and in a form acceptable to the City and the County, as reasonably necessary for the City to complete the Infrastructure Improvements. iii. Upon completion of the Infrastructure Improvements, the County shall dedicate or transfer to the City, at no additional cost to the City and in a form acceptable to the City and the County, the right of way for any streets or roadways completed as part of the Infrastructure Improvements on the Development Property. iv. The County shall transfer portions of the Development Property to private third party developers to the extent such transfers are consistent with Development Proposals approved by the JDC, under such terms and in such form as is agreed to by the City and County, subject to the completion of all necessary legislative and legal processes. Upon written request from the City following the completion of such a transfer, the County shall provide the City with a written statement of the Property Sales Proceeds Credit derived from any such transaction; provided, however, that the City shall only make one request associated with each transaction. v. On or before July 1 of each year, beginning July 1, 2024, the City shall calculate the amount of the DSL Credit for the prior fiscal year and provide such calculation for review and approval by the County Auditor, and the County Auditor’s determination as to the amount of the DSL Credit for any fiscal year shall be final. vi. Upon the receipt by the County of the Aggregate Maximum Amount of Tax Increment Payments (and other payments made under Section 3(c)(iv)) from the City, as reduced by any Property Sale Proceeds Credits and DSL Credits, the County shall, with the consent of the City, transfer the Development Property to the City, at no additional cost to the City and in a form acceptable to the City and County.

Related to Ownership and Transfer of Development Property; Valuation

  • Ownership and Transfer Except as expressly permitted by or pursuant to this Agreement or the other Loan Documents, own any property of any kind other than the Mortgaged Property, or Transfer any Mortgaged Property or any portion thereof.

  • Ownership and Transfer of Shares The Trust or a transfer or similar agent for the Trust shall maintain a register containing the names and addresses of the Shareholders of each Series and Class thereof, the number of Shares of each Series and Class held by such Shareholders, and a record of all Share transfers. The register shall be conclusive as to the identity of Shareholders of record and the number of Shares held by them from time to time. The Trustees may authorize the issuance of certificates representing Shares and adopt rules governing their use. The Trustees may make rules governing the transfer of Shares, whether or not represented by certificates. Except as otherwise provided by the Trustees, Shares shall be transferable on the books of the Trust only by the record holder thereof or by his duly authorized agent upon delivery to the Trustees or the Trust's transfer agent of a duly executed instrument of transfer, together with a Share certificate if one is outstanding, and such evidence or the genuineness of each such execution and authorization and of such other matters as may be required by the Trustees. Upon such delivery, and subject to any further requirements specified by the Trustees or contained in the By-laws, the transfer shall be recorded on the books of the Trust. Until a transfer is so recorded, the Shareholder of record of Shares shall be deemed to be the holder of such Shares for all purposes hereunder and neither the Trustees nor the Trust, nor any transfer agent or registrar or any officer, employee or agent of the Trust, shall be affected by any notice of a proposed transfer.

  • Ownership and Location of Metering Equipment The Metering Equipment to be constructed, the capability of the Metering Equipment to be constructed, and the ownership thereof, are identified on the attached Schedule C to this ISA.

  • Ownership and Control All components of the Placer County Technology Platform, including voicemail, email messages sent and received, files and records created or placed on any County file server, and all data placed onto or accessed by the County’s computer network including internet access, are and remain either the property of or under the control of Placer County and not the User.

  • Ownership and Title Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.

  • Transfer of Ownership Trust..........................................................

  • Ownership and Restrictions 4.1 You retain all ownership and intellectual property rights in and to Your Content and Your Applications. Oracle or its licensors retain all ownership and intellectual property rights to the Services, including Oracle Programs and Ancillary Programs, and derivative works thereof, and to anything developed or delivered by or on behalf of Oracle under this Agreement. 4.2 You may not, and may not cause or permit others to: a) remove or modify any program markings or any notice of Oracle’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Your Content and Your Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services You have acquired); c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services (the foregoing prohibitions include but are not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to Oracle; d) perform or disclose any benchmark or performance tests of the Services, including the Oracle Programs; e) perform or disclose any of the following security testing of the Services Environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and f) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the Services, Oracle Programs, Ancillary Programs, Services Environments or Oracle materials to any third party, other than as expressly permitted under the terms of the applicable order.

  • Record Ownership The Company, or its attorney, shall maintain a register of the Holder of the Debentures (the "Register") showing their names and addresses and the serial numbers and principal amounts of Debentures issued to them. The Register may be maintained in electronic, magnetic or other computerized form. The Company may treat the person named as the Holder of this Debenture in the Register as the sole owner of this Debenture. The Holder of this Debenture is the person exclusively entitled to receive payments of interest on this Debenture, receive notifications with respect to this Debenture, convert it into Common Stock and otherwise exercise all of the rights and powers as the absolute owner hereof.

  • APARTMENT OWNERSHIP ACT The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter showing compliance of various laws/regulations as applicable in the State of West Bengal.

  • Ownership and Reuse of Documents All documents, data, reports, research, graphic presentation materials, etc., developed by Contractor as a part of its work under this Agreement, shall become the property of County upon completion of this Agreement, or in the event of termination or cancellation thereof, at the time of payment under Section 3 for work performed. Contractor shall promptly furnish all such data and material to County on request.

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