Prior Documents. Borrower ratifies and confirms that all of the representations and warranties set forth in the Loan Agreement are true and correct as of the date hereof, and that the covenants and other provisions set forth in the Loan Agreement remain in full force and effect as of the date hereof. Borrower further ratifies and confirms that all of the Loan Documents shall remain in full force and effect as modified until the Loans are paid in full.
Prior Documents. Except as specifically amended hereby, the Agreement, the Note and the other Loan Documents shall remain in full force and effect in accordance with their respective terms. All warranties and representations contained in the Agreement and the other Loan Documents are hereby reconfirmed as of the date hereof. All collateral previously provided to secure the Agreement and/or Note continues as security, and all guaranties guaranteeing obligations under the Loan Documents remain in full force and effect. This is an amendment, not a novation.
Prior Documents. This MOU contains all covenants, stipulations, and provisions agreed upon by the City and the Association. It is intended to supersede all prior MOUs, and any contrary provisions of the Administrative Manual or Personnel Rules & Regulations.
Prior Documents. (a) Landlord and Tenant acknowledge and agree that Tenant currently holds and occupies the Premises pursuant to a certain Standard Industrial Lease - Net dated April 6, 1982 (the "Original Lease"), as amended by each of the following:
(i) A certain letter agreement dated December 8, 1982 (the "1982 Letter");
(ii) A certain Amendment No. 3 to Lease dated September 20, 1983 ("Amendment No. 3");
(iii) A certain Reciprocal Parking Agreement, Amendment No. 8 to Lease with Emulex Corporation and Notice of Deletion of Territory as to Declaration as to Easements, Restrictions and Common Facilities Provisions for Harbor Gateway Center dated May 25, 1984 and recorded on June 27, 1984 as Instrument No. 84-265616 in the Office of the County Recorder of Orange County, California (the "Recorder") (the "Parking Agreement");
(iv) A certain Letter of Clarification of Master Lease dated May 25, 1984 (the "Clarification Letter");
(v) A certain letter agreement dated October 26, 1988 (the "1988 Letter");
(vi) A certain Amendment to Reciprocal Parking Agreement dated July 15, 1986 and recorded as Instrument No. 86-334897 in the Office of the Recorder (the "Parking Agreement Amendment");
(vii) A certain Building Termination Agreement dated October 23, 1992 (the "Termination Agreement"); and
(viii) A certain 1993 Amendment to Lease dated April 29, 1993 (the "1993 Amendment"). Effective as of October 31, 1999 (the "Expiration Date"), the Original Lease, 1982 Letter, Amendment No. 3, the Clarification Letter, the 1988 Letter, the Termination Agreement and the 1993 Amendment (collectively, the "Old Lease") shall expire and terminate. Notwithstanding such expiration and termination of the Old Lease, the following obligations of the parties thereunder shall survive:
(A) Landlord agrees to indemnify, defend and hold harmless Tenant from and against any and all claims, costs, expenses, losses, damages, actions and causes of action for which Landlord is responsible under the Old Lease and which accrue on or before the Expiration Date.
(B) Tenant agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, costs, losses, expenses, damages, actions and causes of action for which Tenant is responsible under the Old Lease and which accrue on or before the Expiration Date.
(C) Tenant shall remain liable for all amounts payable by Tenant pursuant to the Old Lease and accruing prior to the Expiration Date to and until payment of such amounts in full. Such amounts...
Prior Documents. 26 48.4 Tenant's Options.............................................................27 48.5 Rent.........................................................................31 48.6 Utilities....................................................................32 48.7 Property Taxes...............................................................32 48.8 Maintenance and Repairs......................................................32
Prior Documents. The parties acknowledge that there currently exists between them those certain Program Enrollment Terms dated April 1, 1999, as well as various amendments and Attachments thereto (collectively, the "Prior Documents"). The parties agree commencing as of the Effective Date (as described in Section 2 below), (i) the Prior Documents (including any attachments, schedules or exhibits thereto) will be canceled in their entirety and of no further force or effect with the exception of certain accrued obligations arising under the Prior Documents such as the payment of money or the application of credits arising prior to the Effective Date and provisions intended to survive termination, such as limitation of liability, indemnification and confidentiality, and (ii) all switched services currently being provided to Customer under the Prior Documents (hereinafter referred to as "Existing Services") will be provisioned and maintained by MCI taking into account the terms and conditions of this Amended PET and the following Attachments which are attached hereto (collectively, the "New ABB Attachments"): Attachment for ACCESS BASED BILLING CARRIER TERMINATION Service, Attachment for ACCESS BASED BILLING CARRIER ORIGINATION Service and the Attachment for ACCESS BASED BILLING SWITCHELSS/END USER DEDICATED Services.
Prior Documents. This Agreement shall be a continuation of, and shall amend and restate, the Prior Loan Agreement. The parties hereto agree that the provisions of the Prior Loan Agreement with respect to security for the Term Loan shall not be terminated hereby, but shall remain in full force and effect for the term hereof.
Prior Documents. This Trust Agreement renders null all other agreements, pacts, letters and communications subscribed or exchanged by or between the Parties in relation to the Trust Estate. Upon subscription hereof, Trust Beneficiaries expressly acknowledge that the Trust Estate is not nor it be deemed or construed as an employment benefit, as such Trust Estate derives exclusively from a commercial relationship unrelated and independent from the employer-employee relationship that may exist between Trust Beneficiaries, on the one hand, and Vesta Management or respective subsidiaries, or both, on the other.
