Pre-Commencement Date Maximum Liability Sample Clauses

Pre-Commencement Date Maximum Liability. Notwithstanding anything to the contrary set forth in this Lease: A. In no event for events arising prior to the Commencement Date shall Tenant be responsible to pay Landlord a sum representing more than 89.95% (“MGT”) of the then-incurred cost for the Landlord’s Work and Structural Improvements that are properly capitalizable under US GAAP incurred as of such date (after having reduced such costs for any Force Majeure Costs) minus the sum of: (i) any payments previously paid by Tenant in connection with Landlord’s Work and/or Structural Improvements which have been future valued at Tenant’s incremental borrowing rate used to classify the Lease to such point in time, and (ii) the present value of any future payments made by Tenant in connection with Landlord’s Work and/or Structural Improvements discounted at Tenant’s incremental borrowing rate used to classify this Lease that Tenant is obligated to make, but in each case excluding payments that are not required to be included in the calculation of Tenant’s maximum guaranty amount. B. If at any time, a calculation of the MGT would or could put Tenant in a position where the sums exceed 89.95% of the then-incurred GAAP capitalized construction costs, the obligations of Tenant will be automatically deferred to the last day of the first succeeding month in which the calculation falls conclusively below 89.95% or the day following the Commencement Date, if sooner. This provision is intended as a failsafe clause and must not be interpreted as an obligation to pay more prior to the Commencement Date under any circumstances. C. In no event and at no time prior to the Commencement Date shall Tenant be responsible to pay Landlord or any Landlord supplier or other party, any cost of Landlord’s Work or Structural Improvements. The foregoing shall not apply to Non-Structural Tenant Improvements that constitute normal tenant improvements as defined in GAAP. For this purpose, Non-Structural Tenant Improvements shall exclude the cost of Landlord’s Work and Structural Improvements, even though same may be unique to Tenant’s purpose, and equipment that would be a necessary improvement for any tenant (for example, such items set forth in Exhibit “C”). D. Xxxxx to the Commencement Date, Tenant shall indemnify and hold harmless Landlord, as the owner-lessor, from losses derived from the following causes: a. Third party damage claims caused by the actions or failures to act of Tenant and/or its agents (other than claims arisin...
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Related to Pre-Commencement Date Maximum Liability

  • COMMENCEMENT/EXPIRATION DATE This agreement is executed as of the date of the last signature and is effective through at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement.

  • Indemnity Limitation for TIPS Sales Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

  • Effective Date of Coverage An eligible employee is entitled to benefits provided he is actively at work on the first day the Long Term Disability Benefit Plan becomes effective. An eligible employee absent from work due to sickness or accident at the effective date of the Plan, shall only be eligible for Long Term Disability Plan benefits upon the return to continuous active full-time employment for a period of more than four consecutive weeks. The Company shall have the right to give medical examinations to employees returning from such lay-off to determine their eligibility under the Plan.

  • Rest Period After Overtime (a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime. (b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such a absence. (c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.

  • Xxxxx Period After payment of the first Dues, the Subscriber is entitled to a grace period of 30 days for the payment of any Dues due. During this grace period, the Agreement will remain in force. However, the Subscriber will be liable for payment of Dues accruing during the period the Agreement continues in force.

  • Amounts; Outside Expiration Date The Agent shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1) the maximum undrawn amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

  • Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non-owned and hired vehicles $1,000,000 per occurrence

  • Commencement Date and Term 1.1 This Agreement shall come into force on [insert date] (the “Commencement Date”) and, subject to paragraph 1.2 below, shall continue in full force and effect until [insert date] OR [until all Services have been completed and all Deliverables have been delivered to the British Council’s satisfaction as set out in Schedule 2 (Terms of Reference)] (the “Term”). 1.2 Notwithstanding anything to the contrary elsewhere in this Agreement, the British Council shall be entitled to terminate this Agreement by serving not less than [insert number of days] days’ written notice on the Supplier.

  • Longer/Shorter Length of Coverage If none of the above rules determine the order of benefits, the benefits of the plan that covered a member or subscriber longer are determined before those of the plan that covered that person for the shorter term.

  • Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

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