S S E T H. In consideration of the mutual agreements and provisions contained in this Agreement, the Contractor and the City agree in regard to a public works project (hereinafter the "Project") as described in the Invitation to Bid. The Contractor shall construct the Base Bid for the Project as well as furnish at its own cost and expense all labor, tools, equipment, materials, and transportation as are required to be furnished by the Contractor, and shall perform the work in the manner and form required to construct the Project as it is more specifically described in this Agreement and as provided by the plans, specifications, and documents, all of which are incorporated into this Agreement by reference, and all addenda together with all plans and drawings on file in the City of Madison Legal Department and the City of Madison Engineering Department.
S S E T H. In consideration of the respective representations and agreements hereinafter contained, the parties hereto agree as follows (provided, that in the performance of the agreements of the Issuer herein contained, any obligation it may thereby incur shall not constitute or give rise to a pecuniary liability or a charge upon its general credit or against its taxing powers but shall be payable solely out of the Revenues (as hereinafter defined) derived from this Financing Agreement and the Bonds, as hereinafter defined):
S S E T H. In exchange for valuable consideration, and the mutual covenants and agreements hereinafter set forth, the parties agree as follows:
S S E T H. Borrower and Beneficiary have entered into a Revolving Loan Agreement of even date herewith (as the same might hereafter be extended, renewed, modified, consolidated, substituted, replaced, or restated pursuant to the applicable provisions thereof, the "Loan Agreement") pursuant to which Beneficiary has agreed to make a loan to Borrower in the principal sum of Nineteen Million Three Thousand and No/100 Dollars ($19,003,000.00) in lawful money of the United States of America (the "Loan"), which Loan will be evidenced by a Revolving Note of even date herewith payable by Borrower to the order of Beneficiary in said principal amount (as the same might hereafter be extended, renewed, modified, consolidated, substituted, replaced, restated, or increased, the "Note"), with interest thereon from the date of the Note at the rates set forth in the Note, such principal and interest to be paid in installments as provided in the Loan Agreement and the Note, with the final installment being due and payable on June 10, 2002. As a condition precedent to making the Loan, Beneficiary has required that Borrower execute and deliver this Security Instrument as security for the Loan and the other Secured Obligations (as hereinafter defined).
S S E T H. In consideration of the mutual agreements and provisions contained in this Agreement, the Contractor and the City agree in regard to a public works project for the renovation and repair of the Toyota Stadium Shower Area (hereinafter the "Project") as described herein, with additional reference to the attached Exhibit A: Proposal, agree that the Contractor shall complete the following Scope of Work for the Project: • Sawcut and remove existing flake/epoxy floors for install of new floor drains at Officials, Visitors and Coaches Locker Rooms. • Pour and place concrete infill of slab at new drain locations. • Diamond grind and apply new flake/epoxy finish to match existing shower floors at locations of new floor drains. • Install new drainage system, connecting to existing sewer at nearest location. Install new 40” and a 60” long Xxxx Z886-SVF trench drain with stainless steel top at Visitors’ Locker Room. • Protection of all work areas and final cleanup of all work areas. The Contractor shall furnish at its own cost and expense all labor, tools, equipment, materials, and transportation as are required to be furnished by the Contractor, and shall perform the work in the manner and form required to construct the Project as it is more specifically described in this Agreement and as provided by the plans, specifications, and documents, all of which are incorporated into this Agreement by reference, and all addenda together with all plans and drawings on file in the City of Madison.
S S E T H. In consideration of the mutual agreements and provisions contained in this Agreement, the Contractor and the City agree in regard to a public works project (hereinafter the "Project") as described herein, with additional reference to the attached Exhibit A: Proposal, agree that the Contractor shall complete the following Scope of Work for the Project: • Demolition and removal of existing CMY divider wall between Weight Room/Training Room • Demolition and removal of existing carpet as required for new Norament flooring extension. • Prepare slab for wall removal to receive new flooring. • Sawcut and demo slab for new foundation to achieve depth for 1’thick footing and 2 courses of CMU wall below finish floor. • Reinforce concrete footing for new CMU wall. • Infall slab for new wall. • Painting new CMU wall. • Prepare floor and install new Norament athletic flooring to match existing in extended weight room area. Rework existing carpet as required to make clean transition between Weight/Training. • Install new 4” rubber base at new CMU wall to match existing rubber base. • Final cleaning of disturbed area. The Contractor shall furnish at its own cost and expense all labor, tools, equipment, materials, and transportation as are required to be furnished by the Contractor, and shall perform the work in the manner and form required to construct the Project as it is more specifically described in this Agreement and as provided by the plans, specifications, and documents, all of which are incorporated into this Agreement by reference, and all addenda together with all plans and drawings on file in the City of Madison.
S S E T H. 1. The Exchangor and the Exchangee entered into that certain Share Exchange Agreement dated March 14, 2002 together with the Exchangee's shareholders (the "Shareholders"); whereby, the Shareholders agreed to exchange one share of their common stock in Exchangee for one share of the Exchangor's common stock (as is more fully described in that certain Share Exchange Agreement and, to a lesser extent, for purposes of elucidation hereinbelow).
S S E T H that in consideration of the premises and the mutual covenants hereinafter contained, the Fund and the Investment Adviser agree as follows: 1. The Fund hereby retains the Investment Adviser to act as investment adviser of the Fund and, subject to the supervision of the Trustees of the Fund (the "Trustees"), to invest the Fund's assets as hereinafter set forth. Without limiting the generality of the foregoing, the Investment Adviser shall obtain and evaluate such information and advice relating to the economy, securities and commodities markets and securities and commodities as it deems necessary or useful to discharge its duties hereunder; shall continuously invest the assets of the Fund in a manner consistent with the investment objectives and policies of the Fund; shall determine the securities and commodities to be purchased, sold or otherwise disposed of by the Fund and the timing of such purchases, sales and dispositions; and shall take such further action, including the placing of purchase and sale orders on behalf of the Fund, as the Investment Adviser shall deem necessary or appropriate. The Investment Adviser shall also furnish to or place at the disposal of the Fund such of the information, evaluations, analyses and opinions formulated or obtained by the Investment Adviser in the discharge of its duties as the Fund may, from time to time, reasonably request. 2. The Investment Adviser shall, at its own expense, maintain such staff and employ or retain such personnel and consult with such other persons as it shall from time to time determine to be necessary or useful to the performance of its obligations under this Agreement. Without limiting the generality of the foregoing, the staff and personnel of the Investment Adviser shall be deemed to include persons employed or otherwise retained by the Investment Adviser to furnish statistical and other factual data, advice regarding economic factors and trends, information with respect to technical and scientific developments, and such other information, advice and assistance as the Investment Adviser may desire. The Investment Adviser shall provide the Fund's manager with such records and information as may reasonably be required by the Fund's manager pursuant to its obligations under its management agreement with the Fund to maintain the Fund's books and records. 3. The Fund will, from time to time, furnish or otherwise make available to the Investment Adviser such financial reports, proxy statements a...
S S E T H. For valuable consideration, the receipt and adequacy of which are hereby acknowledged, Bank, Borrower and Guarantors agree as follows:
S S E T H. A. On March 3, 2017 (the “Original Closing Date”), the Lessor and Lessee entered into the Lease and Remedies Agreement, dated as of the Original Closing Date (as amended and restated by that certain Amended and Restated Lease and Remedies Agreement, dated as of May 2, 2019, and as amended, supplemented or otherwise modified prior to the Restatement Date, the “Previously Existing Lease”) and the other Operative Documents (as defined in the Previously Existing Lease) pursuant to which the Participants agreed to provide financing for the Leased Property.
