Post Closing Fund Sample Clauses

Post Closing Fund. The Parties acknowledge that POST has raised and secured funds so the Parties may plan, permit, design, construct, maintain, operate, manage, upgrade, and repair facilities and improvements relating to public access and recreation and resource protection on the Property (“Post Closing Fund”). See Purchase and Sale Agreement, Section 4 (B) (1) (iii). The Post Closing Fund is separate and apart from the Restricted Funds. COUNTY agrees that in order to access the Post Closing Fund, COUNTY must be compliant with the terms and provisions of this Post Transfer Agreement. The Parties acknowledge and agree that any suspension of, termination of, or decision to not extend the Xxxxxx-Xxxxxxxx Trail Agreement shall have no impact on COUNTY’s ability to access the Post Closing Fund. i. The Post Closing Fund is dedicated and restricted to the purposes of planning, permitting, designing, constructing, maintaining, managing, repairing, replacing, upgrading, and operating facilities and improvements relating to public access and recreation, education, and resource protection on the Property. COUNTY may also use the Post Closing Fund for part-time staffing on an ad hoc basis to assist in the protection of the Property and the Property’s resources; however, the Post Closing Fund shall not be dedicated to full-time staffing. Upon closing of the COUNTY’s acquisition of the Property, POST shall fund the Post Closing Fund with a minimum funding amount of $3,245,000 to be tracked in a separate Board designated fund. POST has the option to increase or supplement amounts in the Post Closing Fund, but is under no obligation to do so. ii. The Post Closing Fund is available both to the COUNTY and POST for dedicated restricted expenditures as defined herein; however, prior to POST expending funds for projects on or purposes related to the Property, COUNTY must authorize in writing the project and the manner in which the project will be implemented.
Sample 1
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Related to Post Closing Fund

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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