Radius Restrictions Sample Clauses

Radius Restrictions. NWI is not in violation of any radius ------------------- restrictions, exclusive or similar provisions contained in any reciprocal easement agreements, Leases or any other agreements to which NWI is a party or is bound, if such violation would have a material adverse effect on the Partnership, NWI or any of the Completed Properties.
Sample 1
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Radius Restrictions. ‌ These provisions are the flip side of exclusive rights provisions. Where a retail lease calls for percentage rent, the land- lord will want the tenant to agree not to open a competing operation so close to the shopping center that it might draw off sales from the tenant’s store in the shopping center. Accordingly, the landlord will require the tenant to covenant not to open other stores within an agreed “radius” of the shopping center. The negotiation and drafting of these provisions can get tricky. The tenant will want an exception for any existing stores, as well as for violations that may occur by reason of the tenant’s acquisition of an existing chain of operations or a competitor’s acquisition of the tenant. Remedies for xxxxx- tion of radius restrictions vary, but commonly call for the inclusion of gross sales from the violating location in gross sales at the premises for purposes of computing percentage rent.
Sample 1
Radius Restrictions. The Project Entities are not in violation ------------------- of any radius restrictions, exclusive or similar provisions contained in any reciprocal easement agreements, Leases or any other agreements to which any of the Project Entities is a party or is bound, if such violation would have a material adverse effect on the Project Entities or any of the Completed Properties.
Sample 1
Radius Restrictions. For so long as the Operating Partnership and/or NHP, directly or indirectly owns any material portion of any Property acquired pursuant to the Contribution Agreement or any Approved Property acquired pursuant to a Pipeline Property Contribution Agreement (individually, a “Protected Property”, and collectively, the “Protected Properties”), PMB LLC shall deliver a “Right of First Offer Notice” (as hereinafter defined) to NHP and the Operating Partnership in the event that PMB LLC or its affiliates intend to acquire and develop a MOB, or acquire an existing MOB, whether directly or indirectly and whether by fee or by leasehold, to the extent that such additional real property, or any portion of such additional real property, is located in the “Competitive Area” (as hereinafter defined) of such Protected Property (each, a “ROFO Property”). Notwithstanding anything to the contrary in this Section 7.1, the “Right of First Offer” (as hereinafter defined) and the “Right of First Refusal” (as hereinafter defined) with respect to any ROFO Property shall not apply if the proposed transaction with respect to such ROFO Property is an Excluded ROFO Transaction. Prior to seeking or negotiating any third party investments or financial arrangements with respect to such ROFO Property (other than with any hospitals or doctors that may be affiliated with such ROFO Property) PMB LLC shall first notify the Operating Partnership in writing (the “Right of First Offer Notice”) of its intentions, which Right of First Offer Notice shall (a) summarize the transaction that PMB LLC or its affiliates are considering in connection with such ROFO Property (including, without limitation, information regarding the ownership interests or investment opportunities that PMB LLC wishes to offer to a third party financial institution or investor and what interests are likely to be held by doctors and/or hospitals), (b) contain the material economic terms upon which PMB LLC would, in good faith, expect to be able to enter into its contemplated transaction in the market and (c) offer (in each case, a “Right of First Offer”) to the Operating Partnership the opportunity to consider whether it will participate in the contemplated transaction on material economic terms substantially similar to those contained in the Right of First Offer Notice. PMB LLC shall also provide any reasonable additional information that it has with respect to the transaction and such ROFO Property, which the Operating Partner...
Sample 1
Radius Restrictions. SCRC agrees that it shall use all reasonable efforts to assure that any leases or other agreements it may execute from and after the date hereof shall not contain radius or other non-competitive clauses which would impose restrictions on the opening of a Department in any existing or future BBB store.
Sample 1
Radius Restrictions. Lessor, from and after the date of execution and delivery of this Lease, and for so long as this Lease remains in full force and effect, agrees not to enter into any leases of space within one-half (1/2) mile of the Premises which grants to any tenant the right to use such leased space for the primary purpose of selling paper goods or party goods.
Sample 1
Radius Restrictions. Until such time as the Buildings and other Improvements to be constructed on the Premises in accordance with the Approved Final Plans and Specifications for all of the Initial Project have been Substantially Completed, neither Lessee, nor any Guarantor under the Guaranty, nor any of Lessee's members or the respective Affiliates of Lessee or any Guarantor under the Guaranty shall engage, directly or indirectly, in the development, ownership, operation, management of any other hotel project similar in nature to the Permitted Uses, within a radius of five (5) miles of the Techny Land, whether such development, ownership, operation, management or other project is direct or indirect, through one or more entities, contractual relationships or familial relationships, and whether such development, ownership, operation, management or project acts as owner, principal, agent, partner, shareholder, officer, director, member, trustee, beneficiary, employer, employee, consultant, manager, lessor, lessee, or otherwise. Notwithstanding the foregoing, any member of or principal owner of Lessee or any Guarantor, and any of the respective Affiliates of Lessee or any Guarantor which is a separate Person from Lessee and is regularly engaged in the business of providing construction or architectural services shall not be restricted by the provisions of this Section 6.3(a) from being engaged by unrelated third parties to provide any such services to any ​ other project within such five (5) mile radius, as Xxxx as such member or principal owner of Lessee or any Guarantor under the Guaranty (or any of their respective Affiliates) is not an equity participant in such project or in any Person managing or investing in such project.
Sample 1
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Related to Radius Restrictions

  • Geographic Restrictions The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States, and it may only be available to people located in the United States. We make no claims that the Website or any of its content is available or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

  • Use Restrictions (a) Company will not do or attempt to do, and Company will not permit any other person or entity to do or attempt to do, any of the following, directly or indirectly: (i) use any Proprietary Item for any purpose, at any location or in any manner not specifically authorized by this Agreement; (ii) make or retain any copy of any Proprietary Item except as specifically authorized by this Agreement; (iii) create, recreate or obtain the source code for any Proprietary Item; (iv) refer to or otherwise use any Proprietary Item as part of any effort to develop other software, programs, applications, interfaces or functionalities or to compete with BNYM or a Third Party Provider; (v) modify, adapt, translate or create derivative works based upon any Proprietary Item, or combine or merge any Proprietary Item or part thereof with or into any other product or service not provided for in this Agreement and not authorized in writing by BNYM; (vi) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in any Proprietary Item, or fail to preserve all copyright and other proprietary notices in any copy of any Proprietary Item made by Company; (vii) sell, transfer, assign or otherwise convey in any manner any ownership interest or Intellectual Property Right of BNYM, or market, license, sublicense, distribute or otherwise grant, or subcontract or delegate to any other person, including outsourcers, vendors, consultants, joint venturers and partners, any right to access or use any Proprietary Item, whether on Company’s behalf or otherwise; (viii) subcontract for or delegate the performance of any act or function involved in accessing or using any Proprietary Item, whether on Company’s behalf or otherwise; (ix) reverse engineer, re-engineer, decrypt, disassemble, decompile, decipher, reconstruct, re-orient or modify the circuit design, algorithms, logic, source code, object code or program code or any other properties, attributes, features or constituent parts of any Proprietary Item; (x) take any action that would challenge, contest, impair or otherwise adversely effect an ownership interest or Intellectual Property Right of BNYM; (xi) use any Proprietary Item to provide remote processing, network processing, network communications, a service bureau or time sharing operation, or services similar to any of the foregoing to any person or entity, whether on a fee basis or otherwise; (xii) allow Harmful Code into any Proprietary Item, as applicable, or into any interface or other software or program provided by it to BNYM, through Company’s systems or personnel or Company’s use of the Licensed Services or Company’s activities in connection with this Agreement. (b) Company shall, promptly after becoming aware of such, notify BNYM of any facts, circumstances or events regarding its or a Permitted User’s use of the Licensed System that are reasonably likely to constitute or result in a breach of this Section 2.12, and take all reasonable steps requested by BNYM to prevent, control, remediate or remedy any such facts, circumstances or events or any future occurrence of such facts, circumstances or events.

  • Use Restriction (a) If a natural disaster, incident or any other emergency situation occurs or is likely to occur, SORACOM may restrict the use of the SORACOM Air Global Service by the Subscriber in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest. (b) If SORACOM detects any significant and/or continuous signal or transmission using a communication procedure or application which occupies the communication band used by SORACOM, SORACOM may control the transmission rate and traffic of such signal or transmission by controlling the communication band allocated to such signal or transmission. (c) SORACOM may suspend or limit the use of the SORACOM Air Global Service by the Subscriber, if: (i) the Subscriber delays in performing or fails to perform any payment obligation or any other obligation under the Agreement; (ii) the Subscriber gives a false information to SORACOM; (iii) SORACOM deems that the Subscriber violates Section 13.1 below; (iv) the Subscriber falls under any of the items of Section 3.2; (v) the credit card account designated by the Subscriber is invalid, unavailable or cannot be used or recognized; or

  • Stock Restrictions Optionee understands that at the time of the execution of this Option Agreement, the shares of the Stock issuable upon exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Act"), or under any state securities law, and that the Company currently does not intend to effect any such registration. Optionee agrees that the shares of the Stock which Optionee may acquire by exercising this Option shall be purchased by Optionee for investment without a view to distribution within the meaning of the Act, and shall not be sold, transferred, assigned, pledged, or hypothecated unless such transfer has been registered under the Act and applicable state securities laws, or the transfer duly qualifies for an applicable exemption from the registration requirements of the Act and any applicable state securities laws. In any event, Optionee agrees that the shares of the Stock which Optionee may acquire by exercising this Option shall not be sold or otherwise disposed of in any manner which would constitute a violation of any applicable securities laws, whether federal or state. In addition, Optionee agrees that (i) the certificates representing the shares of the Stock purchased under this Option may bear such restrictive legend or legends as the Company's legal counsel deems appropriate in order to assure compliance with applicable securities laws, (ii) the Company may refuse to register the transfer of the shares of the Stock purchased under this Option on the stock transfer records of the Company if such proposed transfer would, in the opinion of counsel satisfactory to the Company, constitute a violation of any applicable securities laws, and (iii) the Company may give related instructions to its transfer agent to stop registration of the transfer of the shares of Stock purchased under this Option.

  • Usage Restrictions Customer will not (a) make any Service or Content available to anyone other than Customer or Users, or use any Service or Content for the benefit of anyone other than Customer or its Affiliates, unless expressly stated otherwise in an Order Form or the Documentation, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service or Non-Xxxxxx Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service or Non-Xxxxxx Application to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Services or Content in a way that circumvents a contractual usage limit, or use any Services to access or use any of Xxxxxx intellectual property except as permitted under this Agreement, an Order Form, or the Documentation, (h) modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Customer's own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, (k) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Content or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Service, (3) copy any ideas, features, functions or graphics of the Service, or (4) determine whether the Services are within the scope of any patent.

  • Ownership Restrictions Notwithstanding any other provision in the Deposit Agreement or any ADR, the Company may restrict transfers of the Shares where such transfer might result in ownership of Shares exceeding limits imposed by applicable law or the Articles of Association of the Company. The Company may also restrict, in such manner as it deems appropriate, transfers of the ADSs where such transfer may result in the total number of Shares represented by the ADSs owned by a single Holder or Beneficial Owner to exceed any such limits. The Company may, in its sole discretion but subject to applicable law, instruct the Depositary to take action with respect to the ownership interest of any Holder or Beneficial Owner in excess of the limits set forth in the preceding sentence, including, but not limited to, the imposition of restrictions on the transfer of ADSs, the removal or limitation of voting rights or mandatory sale or disposition on behalf of a Holder or Beneficial Owner of the Shares represented by the ADSs held by such Holder or Beneficial Owner in excess of such limitations, if and to the extent such disposition is permitted by applicable law and the Articles of Association of the Company. Nothing herein shall be interpreted as obligating the Depositary or the Company to ensure compliance with the ownership restrictions described in this Section 3.5.

  • Age Restrictions Drivers must be 21 years of age or over.

  • LICENCE RESTRICTIONS You agree that you will: 17.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Apps or the Services in any form, in whole or in part to any person without prior written consent from us; 17.2 not copy the Apps, User Information or Services, except as part of the normal use of the Apps or where it is necessary for the purpose of back-up or operational security; 17.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Apps, User Information or Services nor permit the Apps or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Apps and the Services on devices as permitted in these terms; 17.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Apps or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the UK Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Apps to obtain the information necessary to create an independent program that can be operated with the Apps or with another program (Permitted Objective), and provided that the information obtained by you during such activities: (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and (b) is not used to create any software that is substantially similar in its expression to the Apps; (c) is kept secure; and (d) is used only for the Permitted Objective; 17.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Apps or any Service; (a) not overload our servers by contributing or participation in a Denial of Service (DoS) attack.

  • Scope of Restrictions If the scope of any restriction contained in any preceding paragraphs of this Agreement is deemed too broad to permit enforcement of such restriction to its fullest extent, then such restriction shall be enforced to the maximum extent permitted by law, and Employee hereby consents and agrees that such scope may be judicially modified accordingly in any proceeding brought to enforce such restriction.

  • License Restrictions Licensor reserves all rights not expressly granted to You. The Software is licensed for Your internal use only. Except as this Agreement expressly allows, You may not (1) copy (except for back-up purposes), modify, alter, create derivative works, reverse engineer, decompile, or disassemble the Software except and only to the extent expressly permitted by applicable law; (2) transfer, assign, pledge, rent, timeshare, host or lease the Software, or sublicense any of Your license grants or rights under this Agreement; in whole or in part, without prior written permission of Licensor; (3) remove any patent, trademark, copyright, trade secret or other proprietary notices or labels on the Software or its documentation; or (4) disclose the results of any performance, functional or other evaluation or benchmarking of the Software to any third party without the prior written permission of Licensor. Hosting Restrictions. In the event that You desire to have a third party manage, host (either remotely or virtually) or use the Software on Your behalf, You shall (1) first enter into a valid and binding agreement with such third party that contains terms and conditions to protect Licensor’s rights in the Software that are no less prohibitive and/or restrictive than those contained in this Agreement, including, without limitation, the Verification section below; (2) prohibit use by such third party except for the sole benefit of You; and (3) be solely responsible to Licensor for any and all breaches of the above terms and conditions by such third party.

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