REMAINING PROPERTY Clause Samples

REMAINING PROPERTY. If any cash or any securities or other financial assets of the Portfolio held by the Custodian hereunder remain held by the Custodian after the termination of this Agreement owing to the failure of the applicable Fund to provide Proper Instructions, the Custodian shall be entitled to fair compensation for its services during such period as the Custodian holds the cash or the securities or other financial assets (the existing agreed-to compensation at the time of termination shall be one indicator of what is considered fair compensation). The provisions of this Agreement relating to the duties, exculpation and indemnification of the Custodian shall apply in favor of the Custodian during such period. Information Classification: Limited Access

REMAINING PROPERTY. The balance of the Lots shall remain subject to the lien, operation and effect of the Deed of Trust and, if required by Lender, the Borrower or Property Owner shall provide such endorsements to the Title Policy with respect to confirming such liens as Lender shall reasonably request.

REMAINING PROPERTY. The Property, excepting the Lease Area, is referred to as the “Remaining Property.”

REMAINING PROPERTY. Borrower shall provide, at Borrower’s sole expense, title insurance endorsements which insure the continued first priority lien of the applicable Mortgages on the property remaining after the Partial Release (the “Remaining Property”), and which insure that the Remaining Property is comprised of separate legal lot or lots. Lender shall have the right to require updated appraisals of the Remaining Property to support the necessary valuation, at Borrower’s cost.

REMAINING PROPERTY. Any portion of the Premises remaining after a taking of the nature specified in Paragraph 11.1 hereof shall be appraised pursuant to the appraisal procedures provided in Paragraph 21, but in no event shall the appraised value of the remainder be more than an amount which when added to the award for the partial taking and severance damages, if any, to the remainder will exceed the value of the entire Premises immediately prior to the taking. Within twenty (20) days after completion of the appraisal process, Lessor shall pay Lessee the amount which Lessee would have received in accordance with the provisions of the last sentence of Paragraph 11.2(b)hereof had the remaining portion of the Premises been sold for a price equal to the appraised value thereof, with Lessee's portion thereof being paid to the Leasehold Mortgagee to the extent of said Leasehold Mortgagee's interest therein under the terms of its mortgage.

REMAINING PROPERTY. If any cash or any securities or other financial assets of the Fund held by State Street hereunder remain held by State Street after the termination of this Agreement owing to the failure of the Custodian to provide Proper Instructions, State Street shall be entitled to fair compensation for its services during such period as State Street holds the cash or the securities or other financial assets (the existing agreed-to compensation at the time of termation shall be one indicator of what is considered fair compensation). The provisions of this Agreement relating to the duties, exculpation and indemnification of State Street shall apply in favor of State Street during such period.

REMAINING PROPERTY. Landlord’s Property excluding the Property that is subject to the Lease. RO Facility. As defined in Subsection 13.8(a).

REMAINING PROPERTY. See §5.3.

REMAINING PROPERTY. Imperial-Savannah will transfer to the Company the balance of the Real Property and the Colonial Facility, including the improvements thereon, and, including but not limited to, the equipment and other assets as described on Exhibit C attached hereto (the “Remaining Property”) but excluding (i) the Footprint Parcels (ii) the Parts Inventory, (iii) the Sugar Inventory, and (iv) certain equipment and other assets related to the Packaging Facility described on Exhibit D attached hereto (the “Packaging Facility Assets”), subject to the Packaging Lease (and, in the event the Second Closing occurs prior to the Operational Control Date, subject to the Operation and Management Agreement), all in accordance with the further provisions of this Agreement. Imperial-Savannah will transfer Remaining Property consisting of moveable equipment and personal property to the Company on the Operational Control Date, and will transfer the balance of the Remaining Property to the Company on the Second Closing Date.