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 that in consideration of the premises and the mutual covenants hereinafter contained, the Fund and the Investment Adviser agree as follows:
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 Thirty-Five Million and No/100 Dollars ($35,000,000.00) 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 covenants and conditions hereinafter set forth, Landlord and Tenant hereby agree as follows:
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. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord that certain building of approximately 18,125 square feet located at Route 12A (Chenango Bridge Road) and "Franxxx Xxxeet", Binghamton, New York, and other adjacent land, together with and including all parking (spaces) required under any applicable zoning provisions; the entire premises (the "Premises") being more fully set forth in Exhibit "A" annexed hereto. The following are the terms and provisions of this Lease:
S S E T H. 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. 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.
