REA Rights Sample Clauses

REA Rights. Grantor hereby expressly and irrevocably delegates to Beneficiary the non-exclusive authority to exercise any and all of Grantor’s rights under the REA (the “REA Rights”), provided that so long as no Event of Default has occurred which is continuing, Beneficiary shall refrain from exercising such rights and Grantor may exercise the REA Rights. The foregoing delegation shall be fully operative without any further action on the part of either party; and specifically Beneficiary shall be entitled at its option, upon written notice from Beneficiary after the occurrence of an Event of Default hereunder and for so long as such Event of Default is continuing, to exercise the REA Rights whether or not Beneficiary takes possession of the Mortgaged Property. Upon the occurrence and during the continuance of an Event of Default, following delivery of such written notice from Beneficiary, the permission hereby given to Grantor to exercise the REA Rights shall terminate. The permission given by Beneficiary to Grantor shall be reinstated automatically without further action of the parties upon the discontinuance of such Event of Default as confirmed by Beneficiary.]
Sample 1
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REA Rights. The entire Complex is subject to the provisions of the REA. Landlord shall have the right to act, make decisions and give approvals with respect to, and amend, the REA from time to time throughout the Term without the consent of Tenant except as and to the extent expressly set forth in this Section 4.6: (a) If Landlord agrees to any amendment to the Initial REA or REA which directly or indirectly changes the method of allocation of costs of designing, developing and constructing the Common Improvements (as defined in the Initial REA) pursuant to the REA in a manner that would be adverse to Tenant without the consent of Tenant (which consent may be withheld by Tenant in its sole discretion), then for purposes of determining Project Costs under this Lease, the allocation of costs of designing, developing and constructing the Common Improvements to the Project shall be applied as if such amendment had not been entered into and shall instead be determined in accordance with the Initial REA (provided, however, the foregoing does not restrict changes in the allocation percentages provided for in the REA subject to Section 4.6(d)(i)(1) and (2) below); (b) If Landlord agrees to any amendment to the Initial REA or the REA (excluding equitable adjustments provided in Section 5.2(c) of the REA for which Tenant's consent shall not be required and the provisions hereof shall not apply) which directly or indirectly changes the manner in which any expenses (other than those addressed in subsection (a) above) are allocated under the Initial REA among Tower I Owner, Tower II Owner and Hotel Owner (each as defined in the Initial REA) with the result that (i) Tenant's Additional Rental, (ii) Tenant's Forecast Additional Rental, (iii) Operating Expenses, (iv) taxes, assessments and government charges under Section 2.4(a)(ix) of this Lease, or (v) expenditures for maintenance, management, service or operation of the Complex (including, without limitation, the Adjacent Garage) attributable to the Project under Section 2.4(a)(x) of this Lease are increased by more than five percent (5%) in the applicable calendar year of Term above what any of such items (i) through (v) would have been for such calendar year had such items been determined under the Initial REA without the consent of Tenant (which consent may be withheld by Tenant in its sole discretion), then for purposes of determining such items (i) through (v) above under this Lease, the applicable allocation under the REA sh...
Sample 1
REA Rights. (b) of the Lease shall be amended by deleting the sentence "Additionally, if after the Commencement Date any capital improvements are added to the Complex Common Areas which were not contemplated by the Building Plans and Specifications and any such capital improvement (i) is not required to be made by Legal Requirements or the Initial REA, (ii) does not reasonably benefit the Building or the occupants thereof, or (iii) is not consented to by Tenant (which consent may be withheld by Tenant in its sole discretion), Landlord shall not include any allocation of the cost of installing such capital improvement in Operating Expenses" in its entirety and substituting therefor the following sentence: "Additionally, if after the Commencement Date any capital improvements are added to the Complex Common Areas which were not contemplated by the Building Plans and Specifications then unless any such capital improvement (i) is required to be made by Legal Requirements or the Initial REA, (ii) reasonably benefits the Building or the occupants thereof, or (iii) is consented to by Tenant (which consent may be withheld by Tenant in its sole discretion), Landlord shall not include any allocation of the cost of installing such capital improvement in Operating Expenses."
Sample 1

Related to REA Rights

  • Veto rights 6.3.4.1 A Member which can show that its own work, time for performance, costs, liabilities, intellectual property rights or other legitimate interests would be severely affected by a decision of the Steering Committee may exercise a veto with respect to the corresponding decision or relevant part of the decision. 6.3.4.2 When the decision is foreseen on the original agenda, a Member may veto such a decision during the meeting only. 6.3.4.3 When a decision has been taken on a new item added to the agenda before or during the meeting, a Member may veto such decision during the meeting and within 15 days after the draft minutes of the meeting are sent. 6.3.4.4 In case of exercise of veto, the Members shall make every effort to resolve the matter which occasioned the veto to the general satisfaction of all Members. 6.3.4.5 A Party may not veto decisions relating to its identification as a Defaulting Party. The Defaulting Party may not veto decisions relating to its participation and termination in the Partnership or the consequences of them. 6.3.4.6 A Party requesting to leave the Partnership may not veto decisions relating thereto.

  • Data Rights User retains all rights over any data and other information that User may provide, upload, transfer or make available in relation to, or which is collected from User’s devices or equipment by, the Software, including, without limitation, information pertaining to how the Software obtains, uses, and respond to inputs, location, ambient conditions, and other information related to use and operation of the Software with Honeywell or third-party products, software or websites (“Usage Data”). Honeywell has the right to retain, transfer, disclose, duplicate, analyze, modify, and otherwise use Usage Data to protect, improve, or develop its products, services, and related offerings. All information, analysis, insights, inventions, and algorithms derived from Usage Data by Honeywell (but excluding the Usage Data itself) and any intellectual property rights obtained related thereto, are owned exclusively and solely by Xxxxxxxxx.

  • Water Rights Water rights and/or water shares used in connection with the Property;

  • Our Rights You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.

  • Assignment of Rights to Intellectual Property The Executive shall promptly and fully disclose all Intellectual Property to the Company. The Executive hereby assigns and agrees to assign to the Company (or as otherwise directed by the Company) the Executive’s full right, title and interest in and to all Intellectual Property. The Executive agrees to execute any and all applications for domestic and foreign patents, copyrights or other proprietary rights and to do such other acts (including without limitation the execution and delivery of instruments of further assurance or confirmation) requested by the Company to assign the Intellectual Property to the Company and to permit the Company to enforce any patents, copyrights or other proprietary rights to the Intellectual Property. The Executive will not charge the Company for time spent in complying with these obligations. All copyrightable works that the Executive creates shall be considered “work made for hire”.

  • Transfer Rights Subject to the provisions of Section 8 of this Warrant, this Warrant may be transferred on the books of the Company, in whole or in part, in person or by attorney, upon surrender of this Warrant properly completed and endorsed. This Warrant shall be canceled upon such surrender and, as soon as practicable thereafter, the person to whom such transfer is made shall be entitled to receive a new Warrant or Warrants as to the portion of this Warrant transferred, and Holder shall be entitled to receive a new Warrant as to the portion hereof retained.

  • License Rights The Recipient must provide a license to its “subject data” to the Federal Government, which license is: (a) Royalty-free, (b) Non-exclusive, and (c) Irrevocable, (2) Uses. The Federal Government’s license must permit the Federal Government to take the following actions provided those actions are taken for Federal Government purposes: (a) Reproduce the subject data, (b) Publish the subject data, (c) Otherwise use the subject data, and (d) Permit other entities or individuals to use the subject data, and

  • Setoff Rights During the continuance of any Event of Default, each Lender is hereby authorized by each Borrower at any time or from time to time, with reasonably prompt subsequent notice to such Borrower (any prior or contemporaneous notice being hereby expressly waived) to set off and to appropriate and to apply any and all (a) balances held by such Lender or any of such Lender’s Affiliates at any of its offices for the account of such Borrower or any of its Subsidiaries (regardless of whether such balances are then due to such Borrower or its Subsidiaries), and (b) other property at any time held or owing by such Lender to or for the credit or for the account of such Borrower or any of its Subsidiaries, against and on account of any of the Obligations; except that no Lender shall exercise any such right without the prior written consent of Agent. Any Lender exercising a right to set off shall purchase for cash (and the other Lenders shall sell) interests in each of such other Lender’s Pro Rata Share of the Obligations as would be necessary to cause all Lenders to share the amount so set off with each other Lender in accordance with their respective Pro Rata Share of the Obligations. Each Borrower agrees, to the fullest extent permitted by law, that any Lender and any of such Lender’s Affiliates may exercise its right to set off with respect to the Obligations as provided in this Section 10.6.

  • Use Rights The Use Rights in effect when Customer orders Software will apply to Customer’s use of the version of the Software that is current at the time. For future versions and new Software, the Use Rights in effect when those versions and Software are first released will apply. Changes Microsoft makes to the Use Rights for a particular version will not apply unless Customer chooses to have those changes apply.

  • Rights to Intellectual Property This Data Agreement does not give Service Provider any rights, implied or otherwise, to CDI, data, content or intellectual property except as expressly stated in any underlying agreement between the parties. This includes but is not limited to the right to share, sell or trade CDI. The District acknowledges that this agreement does not convey any intellectual property right in any of Service Provider’s materials or content, including any revisions of derivative work or material. Service Provider-owned materials shall remain the property of the Service Provider. All rights, including copyright, trade secrets, patent and intellectual property rights shall remain the sole property of the Service Provider.

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