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.
6. Section 19 is amended to read as follows:
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. 12 SECTION 4.10. Obligation to Make Payments Absolute...........................................12 ARTICLE V...........................................................................................12
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.
(b) The Agency and Developer agree that certain professional and consulting costs that Developer incurs in connection with the issuance of Public Financings will be financed with proceeds of the Public Financing to the extent permitted by the applicable Governing Act.
Payment of Certain Costs. (a) As its allocable share of the cost of operating, maintaining, repairing, restoring, replacing and upgrading the Esplanade, the Parks and any other parks or open spaces within or adjacent to the Project Area, the curbs referred to in Section 26.01(a)(vii) and the street trees referred to in Sections 26.01(a)(xii) and (b)(iii) and similar civic facilities in other portions of the Project Area, including, at Landlord’s election, the costs of creating and maintaining a reasonable reserve fund and of insuring the Civic Facilities or any part thereof (such costs being hereinafter referred to as “Operating Costs”), Tenant, for each Lease Year or portion thereof commencing on January 1, 2009 (the “Initial CFP Date”) and ending on the last day of the Term, shall pay to Landlord an annual sum (the “Civic Facilities Payment”) determined as follows:
(i) for the period commencing on the Initial CFP Date and ending December 31, 2009 (the “First CFP Period”), an amount equal to the product derived by multiplying $0.4136 by the gross square feet of floor area in the Building (or, in the event the Building is not completed, by the gross square feet of floor area shown in the Construction Documents); and
(ii) for each Lease Year thereafter succeeding the First CFP Period (the “Second CFP Period”), the Civic Facilities Payment shall be increased by an amount equal to the product obtained by multiplying the Civic Facilities Payment for the prior Lease Year by three percent (3%).
(b) Landlord shall have the right to transfer to a trust or other entity the responsibility of performing Landlord’s Maintenance Obligations and the right to receive installments of the Civic Facilities payment directly from Tenant, and if Landlord shall effect such a transfer, Tenant shall have the right to require such trust or other entity to perform the responsibilities and exercise the rights so transferred notwithstanding any transfer of Landlord’s interest in the parcels, or in the leases of the parcels, within the Project Area. Upon such a transfer by Landlord and provided that such trust or other entity, in writing, assumes and agrees to perform Landlord’s Maintenance Obligations for the benefit of all tenants of parcels within the Project Area from and after the date of such assumption, Landlord shall have no further liability with respect hereto. Prior to effecting such transfer, Landlord shall consult with Tenant with respect to the composition of such trust or other entity. Landlord s...
Payment of Certain Costs. Landlord and Tenant acknowledge and agree that, pursuant to Section 1.3.4 of the Lease and Appendix 1.3.4 of the Lease, Tenant is responsible for the payment of any and all costs associated with certain fire protection and electrical work with respect to the Premises required by the Town of Bedford (which costs result in a total Tenant Improvement cost in excess of $3,198,768.00).
Payment of Certain Costs. If the Class A Member, any Certificateholder or any Certificateholder Related Person incurs any costs with respect to (a) any legal requirement that requires the Class A Member, any such Certificateholder or any Certificateholder Related Person to be licensed or qualified to do business in any jurisdiction solely as a result of the Class A Member holding the Class A Member Interest or any Additional Class B Member Interest, or such Certificateholder or Certificateholder Related Person holding its Limestone Certificate or interest in a Limestone Certificate, as the case may be, or (b) any legal requirement that requires the Class A Member, any such Certificateholder or any Certificateholder Related Person to obtain any permits, licenses or regulatory approvals solely as a result of the Class A Member holding the Class A Member Interest or any Additional Class B Member Interest, or such Certificateholder or Certificateholder Related Person holding its Limestone Certificate or interest Fifth Amended and Restated Chaparral LLC Agreement Chaparral LLC Agreement in a Limestone Certificate, as the case may be, then the Class A Member, any such Certificateholder or any Certificateholder Related Person shall provide the Primary Class B Member with an invoice of such costs setting forth the calculation of such amounts in reasonable detail. Within five Business Days after receipt of such invoice, the Primary Class B Member shall pay all such amounts (other than Taxes) on an After-Tax Basis to the Class A Member for its own account or for distribution to such Certificateholder or Certificateholder Related Person, as applicable. Any such payment shall not constitute a Distribution and shall not affect the Class A Member's Capital Account balance.
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.
b) The Company shall reimburse the Executive for all reasonable legal fees and expenses for the negotiation and execution of this Agreement, up to a maximum of $20,000, subject to the Company's receipt of proper documentation thereof.
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.
