RIDER TO OPERATOR SECURITY AGREEMENT Sample Clauses

RIDER TO OPERATOR SECURITY AGREEMENT. Notwithstanding any provision in the Operator Security Agreement to the contrary, upon the occurrence of an Event of Default under the Loan Documents, provided the Operator is not in violation of the Operator Regulatory Agreement, for so long as (i) Operator’s lease payments continue to be made (whether directly or indirectly, pursuant to any escrow agreements or other agreements among the parties) to the satisfaction of the Lender; (ii) Operator is not in violation of any provision of the Borrower-Operator Agreement, and (iii) there is no Material Risk of Termination, the Lender, on behalf of itself, its successors and assigns, agrees that it will not exercise any remedies available to it under Section 9 of the Operator Security Agreement against Operator or the Collateral. Should the Lender, its successors or assigns, whether through judicial or non-judicial foreclosure, public or private sale, deed or assignment in lieu of foreclosure, or otherwise, take title to the Land, Improvements and/or other assets of the Borrower (including the Borrower’s rights as landlord under the Borrower-Operator Agreement), provided the Healthcare Facility remains in operation and the Operator is not in violation of the Operator’s Regulatory Agreement, the Lender and its successors and assigns agree that the term “Obligations” in the Operator Security Agreement shall be limited to the definitions set forth in subsections 1(b)(2), (3) and (4). Furthermore, Xxxxxx agrees that so long as the Operator is not in violation of the Operator Regulatory Agreement, to the extent Operator has funded Escrowed Funds, tax and/or insurance impounds, Lender, on behalf of itself, its successors or assigns, will permit withdrawals by, or utilization of such funds by or on behalf of, Operator for their intended purpose. The provisions of this Paragraph C shall supersede any set-off or lien rights of the Lender under Section 1(c) of the Operator Security Agreement. Upon indefeasible payment in full of the Loan, as determined by Xxxxxx, in its sole discretion, and written request by the Operator to do so, Xxxxxx agrees to promptly release its lien on the Collateral. To the extent there is an inconsistency between the provisions of this Rider and the provisions of the Operator Security Agreement, the provisions of this Rider shall be controlling. Operator certifies that no individual with a financial interest in Operator (direct or indirect, including without limitation any individual with an in...
Sample 1Sample 2
AutoNDA by SimpleDocs
RIDER TO OPERATOR SECURITY AGREEMENT. A. Notwithstanding any provision in the Supplemental Operator Security Agreement to the contrary, upon the occurrence of an Event of Default under the Loan Documents, provided the Operator is not in violation of the Operator Regulatory Agreement, for so long as (i) Operator’s lease payments continue to be made (whether directly or indirectly, pursuant to any escrow agreements or other agreements among the parties) to the satisfaction of the Lender; (ii) Operator is not in violation of any provision of the Borrower-Operator Agreement, and (iii) there is no Material Risk of Termination, the Lender, on behalf of itself, its successors and assigns, agrees that it will not exercise any remedies available to it under Section 9 of the Supplemental Operator Security Agreement against Operator or the Collateral.
Sample 1

Related to RIDER TO OPERATOR SECURITY AGREEMENT

  • Lodgement of SWS wage assessment agreement C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.

  • INDIVIDUAL SERVICES AGREEMENT This contract shall include an Individual Services Agreement (ISA) developed for each LEA pupil to whom CONTRACTOR is to provide special education and/or related services. An ISA shall only be issued for LEA pupils enrolled with the approval of the LEA pursuant to Education Code section 56366 (a)(2)(A). ISAs are void upon termination or expiration of the Master Contract. In the event that this Master Contract expires or terminates, CONTRACTOR and the LEA shall continue to be bound to all of the terms and conditions of the most recent executed ISAs between CONTRACTOR and LEA for so long as CONTRACTOR is servicing authorized LEA pupils, until such time as a new Master Contract is executed. Any and all changes to a LEA pupil’s educational placement/program provided under this Master Contract and/or an ISA shall be made solely on the basis of a revision to the LEA pupil’s IEP/IFSP. At any time during the term of this Master Contract, a LEA pupil’s parent, CONTRACTOR, or XXX may request a review of a LEA pupil’s IEP/IFSP subject to all procedural safeguards required by law, including notice to and participation by the CONTRACTOR in the IEP Team meeting. Unless otherwise provided in this Master Contract, the CONTRACTOR shall provide all services specified in the IEP/IFSP unless the CONTRACTOR and the LEA agree otherwise in the ISA. (California Education Code sections 56366(a) (5) and 3062(e)). In the event the CONTRACTOR is unable to provide a specific service at any time during the term of the ISA, the CONTRACTOR shall notify the LEA in writing within five (5) business days of the last date a service was provided. If a parent or XXX contests the termination of an ISA by initiating a due process proceeding with the California Office of Administrative Hearings (hereinafter referred to as “OAH”), CONTRACTOR shall abide by the “stay- put” requirement of state and federal law unless the parent agrees otherwise or an interim alternative educational placement is deemed lawful and appropriate by LEA or OAH. Disagreements between XXX and CONTRACTOR concerning the formulation of an ISA or the Master Contract may be appealed to the local SELPA office prior to appeal to the State Superintendent of Public Instruction pursuant to the provisions of California Education Code section 56366 (C) (2).

  • Acknowledgement of Existing Physical Conditions In undertaking the work under this Contract, the Contractor acknowledges that he has visited the premises and has taken into consideration all open and apparent conditions that might affect his work. No claim based on lack of knowledge of existing conditions shall be allowed unless the existing physical conditions cannot be discovered by a reasonably observant person. Any claims relating to conditions that are materially different from the Contract Documents that were not open and apparent may be adjusted as provided in this Part.

  • CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

  • Variation of Management Agreement The State and the Company agree to vary the Management Agreement by:-

  • Data Processing Agreement The Data Processing Agreement, including the Approved Data Transfer Mechanisms (as defined in the Data Processing Agreement) that apply to your use of the Services and transfer of Personal Data, is incorporated into this Agreement by this reference. Each party will comply with the terms of the Data Processing Agreement and will train its employees on DP Law.

  • Certification Regarding Entire TIPS Agreement Vendor agrees that, if awarded, Vendor's final TIPS Contract will consist of the provisions set forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. Does Vendor agree? Yes, Vendor agrees 3 Minimum Percentage Discount Offered to TIPS Members on all Goods and Services (READ 6 CAREFULLY) Please read thoroughly and carefully as an error on your response can render your contract award unusable. TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing. What is the minimum percentage discount that you can offer TIPS Members off of all goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you offer? Only limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal may be excluded from this discount. Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be applied to your "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required to discount every TIPS Sale by the percentage included below with the exception of limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal. If you add goods or services to your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount applied.

  • Hospital Central Agreement March The duration of such supernumerary appointments will be for the period of funding (currently months) or such other period as the local parties may agree; Such nurses will not be permitted to transfer out of the supernumerary position on the unit for the duration of the supernumerary appointment; Such nurses can apply for posted positions after the probationary period is completed but cannot transfer until completion of the supernumerary appointment; If the nurse has not successfully posted into a permanent position by the end of the supernumerary appointment, will be reclassified as casual part-time and this will not be considered a lay-off and the nurse will not be reassigned; The Hospital bears the onus of demonstrating that such positions are supernumerary; The Association will be provided with such written information as it may reasonably require regarding each supernumerary position; In the event of a layoff in the area of assignment of the supernumerary nurse, either the Hospital or the Local Association may require that the supernumerary nurse shall be first laid off. LETTER OF UNDERSTANDING RE: REDESIGN agrees to establish a provincial working group with the Participating Hospitals consisting of at least representatives from each side to investigate sick leave utilization and the Hospitals’ proposed changes to with a view to addressing the Hospitals’ concerns and to make recommendations to the parties on appropriate changes to be made to The working group will have access to expertise and resources as appropriate. The working group will commence meeting within months of the date of the award. The working group will arrange its activities in order to endeavour to arrive at recommendations for the parties in advance of the next round of negotiations or such longer period as the working group may agree. The time spent by the members on the working group will be deemed time worked and members will be compensated at their regular straight time hourly rate. members on the working group will be granted such time off as is deemed necessary to participate in the work. Hospital Central Agreement -March Article Absence Effect on Benefit Payment Absence Effect on Seniority Access to Files Accommodation INDEX SUBJECT MATTER GUIDE Collective Agreement Expiry Date: March Article Number Number Advance Sick Time while awaiting Payment Advancement on Salary Grid Agency usage Ambulance Escort Appendices, etc.: Appendix Grievance Form Appendix Independent Assessment Committee Appendix Local issues Appendix Professional Responsibility Complaint Form Appendix Letters of Understanding Arbitration Benefits Review Bereavement During Vacation Bumping In, Call-back Cancellation of Shift as lay-off Carriage of Grievance by Union Casual Nurse (definition) Central Bargaining Process Certificate of Registration Change of Address Committees: Central Negotiating Team Grievance Committee Committee Joint Occupational Health Safety Committee Negotiating committee Professional Development Committee Workload Complaint Assessment Committee Computer Technology Training Controlled Acts Contracting Out Counseling Letters Credit for Recent Related Experience Deemed Termination Demotion Discharge Discipline Removal from File Dues deduction Discrimination Prohibited Hospital Central Agreement -March Education Allowance Flu Vaccine Article

  • END USER AGREEMENTS (“EUA H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC

  • Assignment Amendments Waiver and Contract Complete 8.1 The Contractor may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the Authority and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. Any attempted assignment without said consent shall be void and of no effect. The Authority may assign or otherwise transfer or dispose of all or a portion of this Agreement in its sole discretion and without the consent of the Contractor. The Contractor shall execute all consents reasonably required to facilitate such assignment or other transfer.

Time is Money Join Law Insider Premium to draft better contracts faster.