RIGHTS OF SELLER. The Seller reserves the right to adjust the Price and specification of any item at its discretion, for example where necessary to comply with safety or statutory requirements or if the fitness for purpose or quality of the Goods is not materially affected, and reserves the right to withdraw any Goods at any time without liability to anyone for withdrawing any Goods or refusing to process an order.
RIGHTS OF SELLER. 2.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
2.2 The Seller shall not be liable for any variations in colour per print run/order due to the specialist printing processes and any variations in card colour. Every effort will be made to avoid or minimise this. Variations in colour (of print or card stock) will not be deemed a fault with the Goods and will not result in a refund. This also applies to variations in colour from Website to Goods and electronic proof to Goods.
2.3 As the Buyers stationery is printed to order, there may be slight variations in colour of print and card stock from that of the samples, all steps are to taken to avoid or minimise this. This is not classed as a defect and will not result in a refund.
RIGHTS OF SELLER. 12.1 Pending extension of the scheme, the Seller shall be entitled to:
12.1.1 make amendments to the rules for the use and enjoyment of the common property;
12.1.2 enter the property at all reasonable times or to authorize it agents or workmen so to enter, to inspect same or to carry out repairs;
12.1.3 to exercise all the rights and powers which a body corporate would be entitled to exercise in terms of the Act in respect of the building, the land and the owners and/or occupants of the property.
12.2 The Purchaser hereby appoints the Seller's nominee, irrevocably and in rem suam and with power of substitution, to be his lawful agent and attorney:
12.2.1 to convene a meeting of the body corporate and there to vote in favour of any resolution of the body corporate to amend the rules or pass any other resolution as may be required:
12.2.1.1 by any bondholder for the grant of its consent to the extension of the sectional title register;
12.2.1.2 by the local or provincial authority and/or by a mortgagee prior to the grant of a sectional mortgage bond over a unit in the scheme;
12.2.1.3 by the Seller in order to ensure the proper and efficient management and control of the scheme, or to ensure that the developer can exercise in full his rights to further develop the scheme.
12.2.2 to sign all documents necessary or required to comply with the Purchaser's obligations in terms of this agreement.
RIGHTS OF SELLER. In the event that Purchaser fails to purchase the Property in accordance with the terms and conditions of this Agreement, or otherwise defaults in the performance of Purchaser’s obligations pursuant to this Agreement, for any reason whatsoever, other than Seller’s default or as otherwise permitted hereunder, Seller shall have the right to pursue any and all remedies available to it including, without limitation, specific performance of this Agreement.
RIGHTS OF SELLER. Buyer shall indemnify and hold harmless Seller, its successors and assigns, from and against:
A) Any and all claims, liabilities, and obligations arising from or related to the operation of the Stations from and after the Closing;
B) Any and all damage or deficiency resulting from any misrepresentations, breach of warranty or covenant, or nonfulfillment of any agreement on the part of Buyer under this Agreement, or from any certificate or other instrument required to be furnished to Seller pursuant to this Agreement or in connection with any of the transactions contemplated herein; and
RIGHTS OF SELLER. Buyer understands that the name “Horizon Casino” is the name applied to a system of hotel/casinos operated by Seller and Seller’s Affiliates. Buyer recognizes Seller’s exclusive right to the name “Horizon” and all service marks, trademarks, copyrights, trade names, patents, fictitious firm names, color arrangements, designs, logos and other registrations now or hereafter held or applied for in connection therewith (collectively, the “System Mxxx” or “System Marks”), and Seller’s right, title and interest in and to, any System Marks, including but not limited to the trade name “Horizon” and the trademarks and service marks listed in Exhibit “P-1” relating to and/or used in the ownership, use and/or operation of the Hotel/Casino and all goodwill associated therewith, directly or indirectly relating thereto and/or used in the ownership, use and/or operation of the Hotel/Casino and disclaims any right or interest therein, regardless of the legal protection afforded to such System Marks. Except as provided in Section 4.02, with respect to the Licensed Marks, Buyer agrees not to use the name “Horizon,” or any variation of such name or word, or any System Mxxx of Seller or any subsidiary (direct or indirect) or related entity in connection with the operation of the Hotel/Casino or any other business. This Section shall survive Closing and be enforceable by Seller and any other party owning such System Marks by any means available at law or equity, including injunctive relief, which Buyer agrees is an appropriate remedy.
RIGHTS OF SELLER. Seller shall have the right throughout the Term and for a period of three (3) years following the end of the Term, as extended, upon reasonable prior notice, to audit the books and related records of Company to the limited extent necessary to verify the basis for charges invoiced by Company to Seller under this Agreement. Seller shall not have the right to audit other records of Company. Company shall make such information available during normal business hours at its offices in ________, State of Hawai‘i. Seller shall pay Company’s reasonable actual, verifiable costs for such audits, including allocated overheads.
RIGHTS OF SELLER. 11.1 Until the body corporate is established the Seller shall be entitled to:
11.1.1 make conduct Rules for the use and enjoyment of the common property;
11.1.2 enter the Section at all reasonable times or to authorise it Agents or workmen so to enter, to inspect same or to carry out repairs; and
11.1.3 exercise all the rights and powers that a body corporate would be entitled to exercise in terms of the Act and/or STSM Act in respect of the building, the Land and the owners and occupants of Sections.
11.2 The Purchaser hereby appoints the Seller's nominee, irrevocably and in rem suam and with power of substitution, to be his lawful Agent and attorney:
11.2.1 to convene a meeting of the body corporate and there to vote in favour of any resolution of the body corporate to amend the Rules or pass any other resolution as may be required:
11.2.2 by any bondholder for the grant of its consent to the opening of the Sectional title register;
11.2.3 by the local or provincial authority or by any prospective mortgagee prior to the grant of a Sectional mortgage bond over a Unit in the Scheme;
11.2.4 by the Seller in order to ensure the proper and efficient management and control of the Scheme, or to ensure that the developer is able to exercise in full his rights to develop the Scheme further;
11.2.5 to sign all documents necessary or required to comply with the Purchaser's obligations in terms of this paragraph.
11.3 the Seller reserves to itself the right, in terms of Section 11(2) of the STSM Act, when submitting the application for the opening of the Sectional title register, to make Rules under Section 10 of the STSM Act by which a different value is attached to the vote of the owner and/or the owner's liability modify his liability to make contributions to the body corporate;
11.4 The Seller shall, when opening the Sectional title register, be entitled to allocate the Exclusive Use Areas (being a part of the common property) to the Section for the sole and exclusive use of the owner of that Section in terms of Section 10 of the Act.
RIGHTS OF SELLER. No Escrow Funds or any interest therein may be pledged, sold, assigned or transferred, including by operation of law, by Acquiror or Seller or be taken or reached by any legal or equitable process in satisfaction of any debt or other liability of Acquiror or Seller, prior to the delivery to Acquiror or Seller of Acquiror’s or Seller’s respective portion of the Escrow Funds as provided herein, unless specifically agreed to in writing by all other parties hereto, other than Escrow Agent.
RIGHTS OF SELLER. Pending extension of the scheme, the Seller shall be entitled to:
