Reasonable Diligence. Both Landlord and Tenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Improvement Letter and in proceeding with the construction and completion of the Tenant Improvements in the Premises.
Reasonable Diligence. Both Sublandlord and Subtenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Work Agreement and in proceeding with the construction and completion of the Initial Improvements in the Demised Premises.
Reasonable Diligence. Licensee shall use reasonable diligence, at its own expense, to build, operate and maintain a Radio Location System in the Territory and to promote, market, sell and support RLS Customer Equipment and RLS Customer Services in the Territory.
Reasonable Diligence. The Company shall use commercially reasonable, diligent and good faith efforts to bring Products to market, and to make sales of such Products at commercially reasonable volumes taking into due account applicable considerations, if any, arising with respect to possible claims by any third party alleging infringement of such third party's patent rights by Products sold by the Company. Said reasonable diligence shall be at least up to the level of efforts that the Company devotes to the commercialization of its other products of similar market value and therapeutic and developmental status. Without limiting the generality of the foregoing, the Company and its Affiliates and sublicensees will not develop, manufacture or market any pharmaceutical, therapeutic or prophylactic product for use in humans or animals utilizing the p53 Gene, unless the same is done as a Product pursuant to this Agreement and treated as such for all purposes hereunder, including for purposes of calculating Net Sales[; provided, however, in no event shall the contingent payment rate with respect to such a product be greater than 6% if Net Sales with respect to such product are less than $10 million or be greater than 5% if Net Sales with respect to such product are greater than $10 million]. To the extent any such pharmaceutical, therapeutic or prophylactic product is done or treated as a Product as provided in the preceding sentence, although such product would not otherwise be a Product as defined herein but for this paragraph, all royalties owing from the Company or any of its Affiliates to any third party related to any such product accrued or paid during any Contingent Payment Period shall be included in and treated as part of the Deductible Amount.
Reasonable Diligence. Both Landlord and Tenant -------------------- agree to use reasonable diligence in performing all of their respective obligations and duties under this paragraph 45 and in proceeding with the construction and completion of all Tenant Improvements in the Premises.
(a) The term "Force Majeure Delay" as used in the Lease shall mean any delay in the completion of Landlord's Work or the Tenant Improvements which is attributable to any: (1) actual delay or failure to perform attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of a public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (2) delay attributable to the failure of Landlord and/or Tenant despite reasonable diligence to secure building permits and approvals; (3) delay in completing the construction of Landlord's Work because of changes in any applicable law (including, without limitation, the Americans with Disabilities Act of 1990, Pub. L. 101-336 (the "ADA")), or the interpretation thereof; or (4) delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money, including rent and other charges, pursuant to the Lease).
Reasonable Diligence. Programmer shall use reasonable diligence to promptly perform the services described herein and to meet any delivery dates or project deadlines agreed to by the parties and to provide services that are in compliance with agreed specifications and project parameters. All services shall be provided in a professional and workmanlike manner and in compliance with standard industry standards and by qualified and experienced personnel secured by the Programmer. Programmer represents and warrants that it has no current commitments or obligations that will conflict with or otherwise interfere with or impede the performance of the services called for under this Agreement.
Reasonable Diligence. The Manager shall implement any Approved Material Improvement, with reasonable diligence.
Reasonable Diligence. All services shall be of good quality and shall be performed in a professional manner. The standard of care for all professional and related services performed or furnished by SE under this Agreement will be the care and skill ordinarily used by members of SE’s profession, practicing under similar conditions at the same time and in the same general locality.
Reasonable Diligence. Both Mercury and Reliant agree to use reasonable diligence in performing all of their respective obligations and duties under this Workletter and in proceeding with the construction and completion of the Initial Improvements in the Subleased Premises.
Reasonable Diligence. Both Landlord and Tenant agree to use reasonable diligence in performing all of their respective obligations and duties under this Exhibit and in proceeding with the construction and completion of the Base Building Work and Tenant Improvements in the Premises. Dated: December 1, 1999 COUNTRY CLUB CENTER, LLC a Nevada limited liability company FOOTHILLS PARTNERS, a Nevada limited partnership By: /s/ XXXXXXX X. XXXXXXXXX By /s/ XXXXXXX X. XXXXXXXXX Tenant agrees as follows:
1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances designated for such purposes by Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the Building shall be subject to such rules and regulations as, in the judgment of Landlord, are necessary for the proper operation of the Building or the Premises.
3. No radio transmission equipment or television antenna or other similar devices shall be installed without first obtaining in each instance Landlord’s consent in writing. No aerial shall be erected on the roof or exterior walls of the Building or in the Center, without in each instance, the written consent of Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time at Tenant’s expense.
4. Tenant shall not, without the written consent of Landlord first had and obtained, use in or about the Building any advertising or promotional media such as searchlights, loud speakers, phonographs, or other similar visual or audio media which can be seen or heard outside the Center.
5. Tenant shall keep the Building at a temperature sufficiently high to prevent freezing of water in pipes and fixtures.
6. The exterior areas immediately adjoining the Building shall be kept clean and free from dirt and rubbish, and Tenant shall not place or permit any obstructions or merchandise in such areas.
7. Tenant and Tenant’s employees shall park their car only in those parking areas designated for that purpose by Landlord.
8. The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein. The expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by the Tenant who shall, or whose employees, agents, servants, customers or invitees shall, have caused it.
