Prior to the Commencement Date. Owner alone shall be solely ------------------------------ responsible for present or future Environmental Claims directly or indirectly related to or arising out of the actual or alleged existence, generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of Hazardous Materials present at, in or under the Project and/or adjacent areas prior to the Commencement Date. Owner shall defend, indemnify and hold Operator harmless against all such Environmental Claims.
Prior to the Commencement Date. Notwithstanding that Sections 2.10 and 2.11 would apply to Warrants issued prior to the Commencement Date, those Sections shall not apply to any Warrants held by: (a) an Original Warrantholder (as defined in the Securities Purchase Agreement) who failed to attend (either in person or by proxy) any Shareholders Meeting called for the purpose of obtaining the Shareholder Approval and to vote in favour of such Shareholder Approval with the entirety of all voting rights available to such Original Warrantholder and (b) any person being a successor in title of, or claiming through or under, that Original Warrantholder.
Prior to the Commencement Date. Client shall not deliver any Materials or other Client property to the Facility prior to [**] before each applicable Commencement Date. Any such Materials, equipment or other property delivered to the Facility prior to such date may be accepted by BSCP for storage, in its sole discretion, and if so accepted, shall be subject [**] from the period of acceptance until [**] prior to the applicable Commencement Date, in accordance with BSCP’s storage rates and procedures, as set forth on Schedule E-( ) attached hereto, as amended from time to time.
Prior to the Commencement Date. Landlord shall cause the Premises to be measured and shall deliver to Tenant an architect’s certificate confirming (i) the number of square feet of usable area in the Premises and (ii) the rentable square footage of the Premises (the “Floor Area of the Premises”). The usable area of the Premises and Floor Area of the Premises shall be measured in accordance with the most recent standards established by the Building Owners and Managers Association (“BOMA”) for the measurement of office space. Notwithstanding anything to the contrary herein, for purposes of calculating the Base Rent, the Floor Area of the Premises shall be deemed not exceed the usable area of the Premises by more than the Amenity Factor specified in Section 1.
Prior to the Commencement Date the Employer may terminate this Agreement by giving one week’s notice or making a payment in lieu. If the Employer terminates this Agreement before the Commencement Date, no obligation for payment, including those payments described at clauses 7, 8, 10 and 11 will be triggered.
Prior to the Commencement Date. Contractor at its sole cost and expense, may inspect the LAWA’s Landside Shuttle Bus Fleet, provided however, Contractor shall document the results of the inspection of each bus in a form acceptable to the Executive Director, and shall submit the inspection report to City upon request by Executive Director.
Prior to the Commencement Date. (Section 3.1) the final contract and schedules are negotiated and executed by signature. At that time ESCO typically begins final project design and construction. The "Interim Period" is the design and construction period. Some savings will be realized during this period. The savings can be credited to ESCO's guarantee or credited to Agency. If these savings are credited to ESCO's guarantee, the credit should be extended for a maximum one to two year period. If ESCO is credited, ESCO will need to develop an approach to measure these savings.>
Prior to the Commencement Date. Lessee shall remit to Lessor a security deposit in an amount set forth in Exhibit "A" hereto. Such amount shall constitute a security deposit (the "Security Deposit") under this Lease, shall be non-refundable during the Term of this Lease, and shall be held by Lessor as security for the timely and faithful performance by Lessee of all of Lessee's obligations under this Lease and for any damage or excessive wear and tear upon the Aircraft caused by Lessee. Lessee hereby grants Lessor a continuing security interest in the Security Deposit. Any interest accruing on the Security Deposit shall be the income and property of Lessor. If Lessee fails to pay rent hereunder or to pay any other sums due or to perform any of the other terms and provisions of this Lease or is otherwise in Default hereunder, Lessor may (but is not obligated to) use, apply or retain all or any portion of the Security Deposit in partial payment for sums due to Lessor by Lessee, to compensate Lessor for any sums it may in its discretion advance as a result of a Default by Lessee, or to apply toward losses or expenses Lessor may suffer or incur as a result of Lessee's Default hereunder. If Lessor uses or applies all or any portion of such Security Deposit, such application shall not be deemed a cure of any Default, and Lessee shall within five (5) days after written demand therefor deposit with Lessor in cash an amount sufficient to restore the Security Deposit to its original sum and the failure of Lessee to do so shall be a material breach of this Lease by Lessee. Provided Lessee is not in Default under this Lease and subject to the rights of Lessor to offset against amounts owed to Lessor as set forth above, the Security Deposit shall be returned to Lessee upon the expiration of the Term.
Prior to the Commencement Date. Tenant shall at its sole cost and expense, cause gas and electric utilities serving the Premises to be separately metered so that the applicable serving utility company will bill Tenant directly for sucx xxilities serving the Premises. In the event that a particular utility cannot be separately metered, Tenant shall at its sole cost and expense, install a submeter to determine the usage of such utility. Tenant shall pay when due all utility bills for those utilities separately metered and which are billed directly to Tenant. The cost of all utilities which serve or benefit the Premises but which are sub-metered ("Utility Costs") shall be paid by Tenant to Landlord as hereinafter set forth.
(a) Before the beginning of each Fiscal Year during the Term, including the partial Fiscal Year in which the Commencement Date occurs, Landlord shall furnish Tenant with Landlord's estimate of the Utility Costs for such Fiscal Year. By the first day of each month during such Fiscal year, Tenant shall pay 1/12th of the estimated Utility Costs for such Fiscal Year.
(i) Within the first sixty (60) days of each Fiscal Year during the Term (beginning with the Fiscal Year following the Fiscal Year in which the Commencement Date occurs), or as soon thereafter as reasonably practical, Landlord shall furnish to Tenant a statement of the actual Utility Costs for the previous Fiscal Year ("Utility Statement").
(ii) Within thirty (30) days after the deliver of the Utility Statement, Tenant shall make a lump sum payment to Landlord equal to the amount, if any, by which the actual Utility Costs exceeds the amount Paid by Tenant for such previous Fiscal Year, toward the estimated Utility Costs for such previous Fiscal Year.
(iii) If the actual Utility Costs is less than the amount paid by Tenant for such previous Fiscal Year, Landlord shall refund the excess to Tenant within thirty (30) days after the issuance of the Utility Statement or, at Landlord's option, Landlord shall apply such amount to the next payments of Rental due hereunder.
(iv) The effect of the reconciliation payment or adjustment pursuant to (ii) and (iii) above is that Tenant shall pay during each Fiscal Year during the Term the actual Utility Costs.
Prior to the Commencement Date. Appian Corporation 0000 Xxxxxxxx Xxxxxx 0xx Xxxxx Xxxxxx, Xxxxxxxx 00000 Attn: Xxxxxx X. Xxxxxxxxxx Director Real Estate & Facilities viii Summary And: Appian Corporation 0000 Xxxxxxxx Xxxxxx 0xx Xxxxx Xxxxxx, Xxxxxxxx 00000 Attn: Chief Financial Officer With a copy to: Xxxxxx LLP 00000 Xxxxxxx Xxxxx Xxxxxx, Xxxxxxxx 00000-0000 Attn: Xxxxxxxx Xxxxxx Xxxxxxxx After the Commencement Date: Appian Corporation At the Premises Attn: Xxxxxx X. Xxxxxxxxxx Director Real Estate & Facilities And: Appian Corporation At the Premises Attn: Chief Financial Officer With a copy to: Xxxxxx LLP 00000 Xxxxxxx Xxxxx Xxxxxx, Xxxxxxxx 00000-0000 Attn: Xxxxxxxx Xxxxxx Xxxxxxxx
