Bona Fide Offer Defined Sample Clauses

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Bona Fide Offer Defined. As used herein, a “Bona Fide Offer” is an offer which meets the following criteria:

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• Preliminary Notice This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's website at xxx.xxxx.xx.xxx or call CSLB at 0-000-000-XXXX (2752). Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe. EXHIBIT B LIMITED WARRANTY Customer is entitled to the following warranties: 1. Manufacturer's Equipment Warranty – 25 Year Protections Slingshot obtains solar modules and inverters from third party suppliers (the "Equipment"). Slingshot hereby assigns to Customer the warranties provided by the applicable supplier or manufacturer of the Equipment and attached to this Exhibit B (each, a "Manufacturer Equipment Warranty"). IF REQUESTED BY SLINGSHOT POWER, IN CASES REQUIRING DIRECT CUSTOMER INVOLVEMENT, CUSTOMER AGREES TO ASSIST SLINGSHOT POWER TO INVOKE THE APPLICABLE WARRANTY BY MANUFACTURER OR SUPPLIER OF THE EQUIPMENT, TO COLLECT PROMPTLY THE APPLICABLE WARRANTY COSTS TO REPAIR AND/OR REPLACE ANY DEFECTIVE EQUIPMENT. Customer may request SolarPorts to coordinate the warranty claim process under the applicable Manufacturer Equipment Warranty, and SolarPorts shall use commercially reasonable efforts to process such warranty claims on behalf of Customer. Customer shall provide SolarPorts with all necessary information to make such Manufacturer Equipment Warranty claims. If SolarPorts deems it necessary to send SolarPorts personnel to Customer's Site regarding a Manufacturer Equipment Warranty claim (e.g., to diagnose a potential warranty claim or for labor related to uninstalling/installing any Equipment), a separate work order setting forth the price and other terms and conditions for SolarPorts's services shall be executed by Customer and SolarPorts and included in Warranty costs to be recovered from Manufacturer. During the entire Warranty Period Slingshot Power will honor the System Warranty and will repair or replace any defective part, material or component or correct any defective workmanship, AT NO COST OR EXPENSE to you (including all labor costs) when Customer submits a valid claim to us under this Limited Warranty. This assurance to our Customers in no way lessens the responsibility of the Manufacturer to honor any and all reimbursements to Slingshot Power including labor reimbursements per Manufacturer Equipment Warranty.\

• Non-Solicit The Grantee agrees that during the Coverage Period, the Grantee shall not solicit, attempt to solicit or endeavor to entice away from the Company any person who, at any time during the term of the Grantee’s employment was a healthcare professional (including a healthcare executive) of the Company, or an employee, customer, permanent placement candidate, client or supplier of the Company.

• CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

• The Offer (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.1, Parent shall cause Sub to, and Sub shall, commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended (together with the rules and regulations promulgated thereunder, the “Exchange Act”)) the Offer no later than May 18, 2009 (the date on which the Offer is commenced being referred to herein as the “Commencement Date”). The obligations of Sub to accept for payment and to pay for any Shares validly tendered and not withdrawn prior to the expiration of the Offer (as it may be extended in accordance with requirements of this Section 1.1(a)) shall be subject only to the conditions set forth in Annex I hereto (the “Offer Conditions”). Subject to the prior satisfaction or, to the extent permitted, waiver by Parent or Sub of the Offer Conditions, Parent shall cause Sub to, and Sub shall, consummate the Offer in accordance with its terms and accept for payment all Shares validly tendered and not withdrawn pursuant to the Offer and pay the Offer Price in exchange for each such Share promptly following such acceptance in compliance with Rule 14e-1(c) of the Exchange Act (the time at which Sub first accepts any Shares for payment pursuant to the Offer being referred to herein as the “Acceptance Time”). The Offer shall be made by means of an offer to purchase (the “Offer to Purchase”) that contains the terms set forth in this Agreement and the Offer Conditions. Parent expressly reserves the right to waive any of the Offer Conditions, to increase the Offer Price and to make any other changes in the terms of the Offer; provided, however, that Sub shall not, and Parent shall cause Sub not to, without the prior written consent of the Company (such consent to be authorized by the Company Board of Directors or a duly authorized committee thereof), (i) decrease the Offer Price, (ii) change the form of consideration payable in the Offer, (iii) decrease the number of Shares sought in the Offer, (iv) waive or change the Minimum Condition, (v) impose additional conditions to the Offer or amend any of the Offer Conditions so as to broaden the scope of such Offer Condition, (vi) extend the Offer beyond a date that is twenty-one (21) business days after commencement of the Offer or the last extension (in accordance with this Section 1.1), if any, of the Offer, whichever is later (the “Expiration Date”) except as set forth in Sections 1.1(b) and 1.1(c), or (vii) otherwise amend any other term or condition of the Offer in a manner materially adverse to the holders of Shares.

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• Negative Information Notice We may report information about your loan, share or deposit accounts to credit bureaus. Late payments, missed payments, or other defaults on your accounts may be reflected in your credit report.