See Addendum. For a period of three years after the Closing, neither the Sellers nor the Shareholders will, directly or indirectly, (i) except on behalf of Purchaser, solicit for any purpose, any customer of Purchaser (or former customer of Sellers), (ii) solicit for employment by the Sellers or anyone else, any employee of Purchaser or its affiliates as a result of the transactions contemplated hereby or any person who was an employee of the Sellers or Purchaser or its affiliates within the four-month period immediately preceding such solicitation or employment, other than such person whose employment was terminated by Purchaser or its affiliates; or (iii) induce or attempt to induce, any such employee of Purchaser or its affiliates to terminate such employee's employment.
See Addendum. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Property deposited by Tenant or Tenant's Agents, Contractors, Servants, Employees or Invitees (Tenant's Parties). If Tenant fails to so surrender the Property, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Property as required by this Subsection, including, without limitation, any claims or damages in connection with the condition of the Property caused by Tenant or Tenant's Parties including, without limitation, damages occasioned by the inability to release the Property (or any portion thereof) or a reduction in the fair market and/or rental value of the Property, Building, Common Areas, Outside Areas, and/or Property by reason of the existence of any Hazardous Materials in or around the Leased Premises, Building, Common Areas, Outside Areas, and/or Property cause. As a result of any release of Hazardous Materials caused by Tenant or Tenant's Parties. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials from the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and such action is not completed prior to the expiration or earlier termination of the Lease, Landlord shall be entitled to all damages directly or indirectly incurred as a result of any release of Hazardous Materials caused by Tenant or Tenant's Parties including without limitation, damages occasioned by the inability to release the Property or a reduction of the fair market and/or rental value of the Leased Premises, Building, Common Areas, Outside Areas, and/or Property.
See Addendum. The Tenant shall not make any alterations, improvements or additions to the Leased Premises without the Landlord's advance written consent* in each and every
See Addendum. Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees, or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified.
See Addendum. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after expiration of the lease term or earlier termination thereof without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall (a) occupy upon all of the terms and conditions of this lease except that the monthly Minimum Rent due from Tenant shall be equal to the greater of three hundred percent (300%) of the monthly Minimum Rent in effect at the end of the term or the then fair market rental value of the Premises (determined as provided in Section 10.01(e)), (b) pay all damages sustained by Landlord by reason of such retention and (c) indemnify, defend, and hold Landlord harmless from and against any loss or liability resulting from such holding over. If Landlord so notifies Tenant in writing, such holding over shall constitute a renewal of this lease for a one year term; otherwise Landlord's acceptance of rent shall create only a month-to-month tenancy, in either case upon the terms set forth in this Section. Any such month-to-month tenancy shall be terminable at the end of any calendar month by either party by written notice to the other party given not less than ten (10) days prior to the end of such month. Nothing contained in this Section shall be deemed or construed to waive Landlord's right of reentry or any other right of Landlord hereunder or at law.
See Addendum. In the event that either Landlord or Tenant is delayed in performing any obligation of Landlord or Tenant pursuant to this lease by any cause beyond the reasonable control of the party required to perform such obligation, the time period for performing such obligation shall be extended by a period of time equal to the period of the delay. For the purpose of this Section:
(a) A cause shall be beyond the reasonable control of a party to this lease when such cause would affect any person similarly situated (such as a power outage, labor strike or truckers' strike) but shall not be beyond the reasonable control of such party when peculiar to such party (such as financial inability or failure to order long lead time materials sufficiently in advance).
(b) This Section shall not apply to any obligation to pay money or delay the Rent Commencement Date.
(c) In the event of any occurrence which a party believes constitutes a cause beyond the reasonable control of such party and which will delay any performance by such party hereunder, such party shall promptly in writing notify the other party of the occurrence and nature of such cause, the anticipated period of delay and the steps being taken by such party to mitigate the effects of such delay.
See Addendum. Amica shall refund promptly to the Company on business heretofore or hereafter written, compensation on cancelled policies and on reductions in premiums at the rate at which such compensation was originally paid.
See Addendum. FRC reserves the right, at any time, for any reason and without prior notice, to alter, amend, terminate or in any way change the Xxxxxxx Indexes; provided, however that FRC shall notify USER of any such alteration, amendment, change or termination promptly and in accordance with FRC's then current practices for notification of other licensees of the Xxxxxxx Indexes.
See Addendum. USER shall not use the Xxxxxxx Indexes or any part thereof in any fashion that may infringe any copyrights or other proprietary interests FRC or any third party may have therein.
See Addendum. 2n. Add: "UPON SIGNING OF THE LEASE THE SQUARE FOOTAGE WILL NOT CHANGE DURING THE TERM OF THE LEASE." 2r. Add: "UPON SIGNING OF THE LEASE THE SQUARE FOOTAGE WILL NOT CHANGE DURING THE TERM OF THE LEASE."
