Payment of Certain Costs. Except as otherwise provided in Section 18, if a dispute arises regarding a termination of the Executive or the interpretation or enforcement of this Agreement, subsequent to a Change in Control, all of the reasonable legal fees and expenses incurred by the Executive and all Arbitration Costs (as hereafter defined) in contesting any such termination or obtaining or enforcing all or part of any right or benefit provided for in this Agreement or in otherwise pursuing all or part of his claim will be paid by the Company, unless prohibited by law. The Company further agrees to pay pre-judgment interest on any money judgment obtained by the Executive calculated at the prime interest rate reported in THE WALL STREET JOURNAL in effect from time to time from the date that payment to him should have been made under this Agreement.
Payment of Certain Costs. Except as otherwise provided in Section 18, if a dispute arises regarding a termination of the Executive or the interpretation or enforcement of this Agreement, within the ten (10) year period subsequent to a Change in Control, all of the reasonable legal fees and expenses incurred by the Executive during such period, and all Arbitration Costs (as hereafter defined) during such period in contesting any such termination or obtaining or enforcing all or part of any right or benefit provided for in this Agreement or in otherwise pursuing all or part of his claim will be paid by the Company, unless prohibited by law. The Company shall make payments due to or on behalf of Executive under this Section 7 promptly upon receipt of notice from Executive and in no event later than the last day of the year following the year in which such fees or expenses are incurred. The Company further agrees to pay pre-judgment interest on any money judgment obtained by the Executive calculated at the prime interest rate reported in The Wall Street Journal in effect from time to time from the date that payment to him should have been made under this Agreement.
Payment of Certain Costs. The Company shall pay or cause to be paid all of the expenses of operation of the Facilities, including, without limitation, the cost of all necessary and proper repairs, replacements and renewals made pursuant to Section 4.05 hereof.
Payment of Certain Costs. 10 SECTION 4.10. Obligation to Make Payments Absolute........................................................10 ARTICLE V........................................................................................................10
Payment of Certain Costs. (a) The Agency agrees to reimburse Developer for the Authorized Payments constituting Pre-Agreement Costs from the first available Funding Sources until paid in full.
Payment of Certain Costs of the Executive ---------- ----------------------------------------- If a dispute arises regarding a termination of the Executive's employment subsequent to a Change in Control or the interpretation or enforcement of this Agreement and the Executive obtains a final judgment in favor of the Executive from a court of competent jurisdiction or the claim is settled by the Company prior to the rendering of a judgment by such a court, all legal fees and expenses incurred by the Executive in contesting or disputing any such termination or seeking to obtain or enforce any right or benefit provided for in this Agreement or in otherwise pursuing the claim will be paid by the Company, to the extent permitted by law.
Payment of Certain Costs. During the Extended Maturity Period, provided that the Administrative Agent has not defaulted on its payment obligations pursuant to Section 2.09(d) hereof, the Borrower shall cause Guarantor to provide funding to Borrower in amounts necessary to cover ongoing operating costs of the Borrower up to the amounts set forth in the 2011 Operating Expenses Forecast (or such other amounts with the prior written consent of the Administrative Agent, Guarantor and Borrower) (including, but not limited to, the payment of all premium payments in connection with all of Borrower’s insurance policies in order to maintain, or cause Borrower to maintain, all such insurance policies in effect and the preservation and marketing of the Collateral); provided, that any such costs exceeding $15,000 shall require the prior written consent of the Administrative Agent (the “2011 Operating Expenses”). Notwithstanding the foregoing, Guarantor shall have no obligation to fund 2011 Operating Expenses in excess of the amounts set forth in the 2011 Operating Expenses Forecast and shall have no obligation to fund 2011 Operating Expenses in the event that the Administrative Agent fails to make a payment when due pursuant to Section 2.09(d) hereof.
Payment of Certain Costs a) Except as otherwise provided in Section 28, if a dispute arises regarding a termination of the Executive or the interpretation or enforcement of this Agreement (a "Claim"), the Company shall pay for or reimburse the Executive, upon presentment of proper documentation, all reasonable legal fees and expenses incurred by the Executive and all arbitration costs in contesting any such termination or obtaining, enforcing or defending all or part of any right or benefit provided for in this Agreement, unless prohibited by law; provided, however, the Company shall not pay the Executive such fees and expenses as to any issue if (or, to the extent already paid by the Company, the Company shall be reimbursed by the Executive if) (i) the Company substantially prevails as to such issue, (ii) the Executive's Claim is in bad faith or frivolous, as determined by the arbitrator or court, as applicable, or (iii) to the extent that the arbitrator or court, as applicable, determines that such legal fees and expenses are unreasonable or inappropriate. In no event, however, shall the Executive at any time be liable to pay or reimburse the Company for any of its legal fees or expenses or any costs of arbitration.
Payment of Certain Costs. Landlord and Tenant acknowledge and agree that construction cost estimates received by Tenant for certain components of the Tenant Improvements described below are in excess of amounts contemplated at the time of execution of the Lease. The components of the Tenant Improvements which are the subject of this Paragraph 1 are: (a) the installation of a new roof membrane and necessary repairs required to install a new roof membrane of the premises, but excluding any structural modifications to the roof which Tenant may desire to perform, (b) the exterior rear wall of the premises (excluding the installation of any glass or windows, but including exterior doors), (c) construction of the front portion of the parking lot which is necessary to install approximately 7,200 square feet of parking improvements to replace a portion of the building to be removed, and (d) construction of the rear parking lot (such components of the Tenant Improvements referred to herein as the "Subject Improvements"). In addition to the Tenant's Improvement Allowance currently set forth in the Lease in the amount of Five Million Dollars ($5,000,000). Landlord shall contribute an amount (the "Subject Amount") toward the cost of performing the approved modifications to and construction of the Subject Improvements equal to fifty percent (50%) of the difference between: (x) the actual costs incurred by Tenant to modify or construct the Subject Improvements, less (y) Five Hundred Thousand Dollars ($500,000). Notwithstanding the preceding sentence, in no event shall the Subject Amount exceed Two Hundred Fifty Thousand Dollars ($250,000). Upon Tenant's completion of the Subject Improvements, Tenant shall deliver to Landlord invoices and other reasonable supporting documentation requested by Landlord required to determine the amount of the costs incurred by Tenant to modify and/or construct the Subject Improvements. Tenant's determination of such costs shall be subject to Landlord's approval, which shall not be unreasonably withheld.
Payment of Certain Costs. The Seller shall pay, on the Closing Date, any and all costs in connection with the prepayment of any of its borrowings, if any.
