Page Sample Clauses

Page. 7.3 Surrender of the Premises 19 ARTICLE 8. CONSTRUCTION ACTIVITIES AND ALTERATIONS 19 8.1 Plans and Specifications 19 8.2 Construction of LNG Facility 19 8.3 Insurance Covering Lessee's Work 20 8.4 Relocation of Utilities 20 8.5 Personal Property 20 8.6 Liens and Notices of Violation Prohibited 20 8.7 Mechanics' Liens 20 8.8 Lessor's Right to Discharge 21 8.9 Permits 21 8.10 Sharing of Information 21 8.11 Lessor's Additional Improvements 21 8.12 Future Alterations 22 ARTICLE 9. DESTRUCTION 22 9.1 Obligation to Rebuild 22 9.2 No Abatement of Rent 23 ARTICLE 10. CONDEMNATION 23 10.1 Rights 23 10.2 Total Taking 23 10.3 Substantial Taking 23 10.4 Possession Following Notice of Taking 23 10.5 Apportionment for Award of Total Taking 23 10.6 Partial Taking 24 10.7 Taking for Temporary Use 24 10.8 Remediation Obligations 24 10.9 Sole and Exclusive Remedies 24 ARTICLE 11. LESSEE'S DEFAULT 24 11.1 Lessee's Default Defined 24 11.2 Lessor's Right to Terminate 25 11.3 Lessor's Right Not To Terminate 26 11.4 Cessation of Services 26 11.5 General 26 11.6 Right of Lessor to Perform 26 ARTICLE 12. LESSOR'S DEFAULT 26 12.1 Lessor's Default Defined 26 12.2 Lessee's Remedies 26 12.3 Limitations on Lessor's Liability 27 12.4 Termination of Services by Lessor 28 ARTICLE 13. ESTOPPEL CERTIFICATES AND SALE BY LESSOR 29 13.1 Estoppel Certificates, etc. 29 13.2 Failure to Deliver Estoppel Certificates 29 13.3 Liability Upon Transfer 29 ARTICLE 14. ASSIGNMENT AND SUBLETTING 30 14.1 Generally Forbidden 30 [***] Confidential portions of this document have been redacted and filed separately with the Commission. 14.2 Permitted Transactions 30 14.3 Transfer Procedures 30 14.4 Prohibited Persons 31 14.5 Miscellaneous Provisions 31 ARTICLE 15. RIGHT OF FIRST REFUSAL 31 15.1 ROFR Notice 31 15.2 Response to ROFR Notice 31 15.3 Timing of Transfer; Change of Terms 32 15.4 Termination of Right 32 15.5 Valuation 32 15.6 Transfer Defined 32 15.7 Right of First Refusal Exercised 32 15.8 No Waiver of Assignment Restrictions 32 ARTICLE 16. FORCE MAJEURE 32 16.1 Effect of Force Majeure Events 32 16.2 Certain Delays not Excused 33 16.3 Notice of Force Majeure Events 33 16.4 Period of Suspension or Delay and Mitigation 33 ARTICLE 17. REPRESENTATIONS AND WARRANTIES 33 17.1 Representations and Warranties of Lessee 33 17.2 Representations and Warranties of Lessor 34 17.3 Acknowledgment 34 ARTICLE 18. JOINDER 35 18.1 Joinder of CE Construction 35 ARTICLE 19. MISCELLANEOUS PROVISIONS 35 19.1 Headings 35 19...

Page. Section 8.1 Company May Consolidate, Etc., Only on Certain Terms 50 Section 8.2 Successor Person Substituted for Company 51 ARTICLE NINE SUPPLEMENTAL INDENTURES 51 Section 9.1 Supplemental Indentures without Consent of Holders 51 Section 9.2 Supplemental Indentures With Consent of Holders 52 Section 9.3 Execution of Supplemental Indentures 53 Section 9.4 Effect of Supplemental Indentures 53 Section 9.5 Reference in Securities to Supplemental Indentures 53 Section 9.6 Conformity with Trust Indenture Act 54 Section 9.7 Notice of Supplemental Indenture 54 ARTICLE TEN COVENANTS 54 Section 10.1 Payment of Principal, any Premium, Interest and Additional Amounts 54 Section 10.2 Maintenance of Office or Agency 54 Section 10.3 Money for Securities Payments to Be Held in Trust 55 Section 10.4 Additional Amounts 56 Section 10.5 Corporate Existence 57 Section 10.6 Waiver of Certain Covenants 57 Section 10.7 Company Statement as to Compliance; Notice of Certain Defaults 58 Section 10.8 Calculation of Original Issue Discount 58 ARTICLE ELEVEN REDEMPTION OF SECURITIES 58 Section 11.1 Applicability of Article 58 Section 11.2 Election to Redeem; Notice to Trustee 58 Section 11.3 Selection by Trustee of Securities to be Redeemed 58 Section 11.4 Notice of Redemption 59 Section 11.5 Deposit of Redemption Price 60 Section 11.6 Securities Payable on Redemption Date 60 Section 11.7 Securities Redeemed in Part 60 Section 11.8 Repurchases on the Open Market 61 ARTICLE TWELVE SINKING FUNDS 61 Section 12.1 Applicability of Article 61 Section 12.2 Satisfaction of Sinking Fund Payments with Securities 61 Section 12.3 Redemption of Securities for Sinking Fund 62 ARTICLE THIRTEEN REPAYMENT AT THE OPTION OF HOLDERS 62 Section 13.1 Applicability of Article 62 ARTICLE FOURTEEN SECURITIES IN FOREIGN CURRENCIES 62 Section 14.1 Applicability of Article 62 ARTICLE FIFTEEN MEETINGS OF HOLDERS OF SECURITIES 63

Page. Section 6.04 No Duties Except as Specified in this Agreement or in Instructions ........................................... 11 Section 6.05 No Action Except Under Specified Documents or Instructions ................................................ 11

Page. Union Recognition and Employment Union Security I Deduction of Dues and Fees Ship's Delegate Authority of of Crew I Grievance Procedure Access to Terminals and Vessels Discrimination Stoppage of Work Seniority and Promotions Emergency Duties Drills Tour of Duty Safe Working Conditions Customary Duties Home Port Carrying etc., in Lieu of Crew Crew Provisions and Gear Crew Accommodations Messrooms Washrooms Cleaning Quarters Lockers Using Paint Spray Guns Going Ashore to Take Lines I Uniforms Shifting Ship Overtime Record I Severance Pay I Leave of Absence Annual Vacations Statutory Holidays Sailing Short-handed Meal Hours Relieving for Meals Night Meals and Coffee Time Coffee Time Subsistence and Lodging Ships MaintenanceWork Hours of Work and Overtime for Employees in the Deck and Engineroom Departments Leave Penalty Payment Work of a Dirty Nature Marine Disaster Benefit Plan Wages and Overtime Galley Personnel Duties of Division of Overtime EngineroomGear Taking on Fresh Water Division of Overtime Education and Training Letters of Understanding Termination Clause Terms of Agreement APPENDIX "A" Rates of Pay APPENDIX Union Hiring Fund Letter of Understanding Current Vessels Letter of Understanding Decision Letter of Understanding Shift Vessels Roll On Roll Off Agreement COASTAL COMPANY

Page. If no applications, to fill any posted vacancy or newly created job, are received from employees, or if there are no successful applicants, the Hospital may fill the vacancy or newly created job in any manner it sees fit. The Hospital shall have the right to fill any vacancy on an interim basis until the posting procedure herein has been complied with, and arrangements have been made to assign the employee selected to fill the vacancy to the job. No grievance may be filed such temporary arrangements. The successful applicant will be placed in the vacancy for a trial period not exceeding thirty (30) days of work in the case of a full- time employee, or hours worked in the case of a part-time employee. If the employee proves satisfactory, then he shall be considered permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the employee feels he is unable to perform the duties of the vacancy to which he is posted, the employee will be returned to his former position at his former salary or rate of pay, as will any other employee in the bargaining unit who was promoted or transferred by reason of such placing. Newly hired employees shall be terminated and such termination shall not be subject to the grievance and arbitration procedure. Successful applicants to permanent vacancies and newly hired employees will not be permitted to apply for job or any subsequent vacancies for a period of six (6) months, unless otherwise mutually agreed. An employee may make a written request for transfer by advisingthe Hospital and filing a Request for Transfer form indicating her name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Hospital and shall remain so until December following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy. The vacation year is defined as the period from April of any given year to March of the followingyear.

Page. 1. SENIORITY 31 Definition 31 Local Union Seniority 31 Departmental Seniority 31 Seniority in Event of Transfer Outside or Within Jurisdiction of the Union 31 Seniority as of July 1, 1950 31 Seniority of New Employees and of Employees Returning to Work After Leaving Employment 32 Rights and Privileges Arising From Seniority 33 Bidding Procedure 33 Acceptance and Job Anniversary Date 34 Transfers and Vacancies 34 Temporary Transfers 34 Temporary Employees 35 Seniority Lists 35 Choice of Vacation 35 Seniority of Employees Serving in the Defense Of the United States 35 2. OVERTIME 36 3. EMPLOYMENT 40 4. SCHEDULES 40 Continuous Rotating Shifts 40 Change in Schedule of Non-rotating shift Employees 41 5. HOLIDAYS 41 6. SAFETY RULES 42 a. Items Included by Reference 42 b. Cooperation 42 c. Work on Voltages Between 600 Volts And 15, 000 volts 42 d. Work Above 15,000 Volts 43

Page. LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCE, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNS, LIGHTING, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: (000) 000-0000 Landlord's Fax: (000) 000-0000 2. TENANT: CHICAGO PIZZA & BREWERY, INC. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: (000) 000-0000 Tenant's Fax: (000) 000-0000 3. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agencies, and existing leases, the Premises shall be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages for on-premises consumption only. The Premises shall be used solely for the use stated above and for no other use or purpose. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHERE. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASE. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERRED. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Mon...

Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 TERMS OF REFERENCE AND GENERAL INFORMATION TO BIDDERS 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 MBD8: DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 26 4.4 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 27 SECTION 5 DECLARATION 30 SECTION 6 CONTRACT FORM 31 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 10 FEBRUARY 2012 TENDER 3/2012: LEASE OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years, commencing 1 July 2012 ending 30 June 2015. The building is in need of upgrading, which will be for the account of the lessee. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to Xx Xxxxxxx Xxxxxxxxx at telephone (000) 000-0000. Enquiries pertaining to the completion of the documents can be addressed to Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000. A set of tender documents can be obtained at a non-refundable cost of R75 per set from Xx Xxxxxx Xxxxxxx at telephone (000) 000-0000. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Mossel Bay Municipality by not later than 12:00 on Friday, 10 February 2012 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. Tenders will be pre-evaluated on functionality and bidders scoring less than 70 out of 100 points for functionality will not be considered for further evaluat...

Page. Section 6.06 Restrictions ................................................................................................................................ 11 ARTICLE VII

Page. At any time the Company may apply to any officer of the Investment Company or Fund for instructions, and may consult with legal counsel or the Investment Company's independent accountants with respect to any matter arising in connection with the services to be performed by the Company under this Agreement, and the Company and its agents or subcontractors shall not be liable and shall be indemnified by the Investment Company or the appropriate Fund for any action reasonably taken or omitted by it in reliance upon such instructions or upon the opinion of such counsel or independent accountant provided such action is not in violation of applicable federal or state laws or regulations.