Payments Under Agreements. (i) The Municipality will ensure any payments payable under a Landowner agreement are for a reasonable amount that does not comprise a disproportionate amount of overall projects costs considering:
a. the nature of the activities to be undertaken on the lands;
b. the amount of access required for the Wetland Replacement Project; and
c. any continued or shared use of the lands by the Landowner for any purpose during each of the construction and maintenance phases of the Wetland Replacement Project (eg. lesser payments will likely be required where the landowner is continuing or sharing use of the lands, particularly in the maintenance phase).
(ii) The Municipality acknowledges that the Province will not compensate the Municipality for any payments payable under an agreement with a Landowner if a Service Contract is not entered into for the related Wetland Replacement Project. The Municipality will accordingly ensure that
a. the agreement is made subject to the condition precedent of the Municipality and the Province entering into a Service Contract for the Wetland Replacement Project to which the agreement relates, or
b. that payments are not payable under the agreement until a Service Contract for the Wetland Replacement Project has been entered into between the Municipality and the Province, and permits early termination by the Municipality without penalty if the related Service Contract is not entered into.
(iii) The Municipality acknowledges that the Province will only approve Landowner payments for the first 10 years of a Landowner agreement, notwithstanding that the Municipality may have negotiated or intends to negotiate a longer term for the Landowner agreement, and that any payments under a Landowner agreement extending past 10 years shall be the sole responsibility of the Municipality.
Payments Under Agreements. NovaRock shall [***]for the Development or Commercialization of the Licensed Products.
Payments Under Agreements. Tenant hereby grants, bargains, sells, assigns, transfers and conveys unto Landlord all of its right, title and interest in and to (a) payments under the Agreements, and (b) third party payments received in lieu of payments required under Agreements, which payments under either (a) or (b) are for services, goods or rentals accruing from and after the Effective Date. Any payments received by Landlord for services, goods or rentals accruing prior to the Effective Date that are received by Landlord shall be promptly remitted by Landlord to Tenant. Landlord agrees to indemnify and hold Tenant harmless from any and all expenses, charges, claims and liabilities, including costs and reasonable attorneys’ fees, associated with the Assignment and Assumption or related thereto arising as a result of any action or omission of Landlord on or after the Effective Date.
