Separation of Utilities Sample Clauses

Separation of Utilities. The Parties agree that the Utilities serving each Lot are intended to be separated in connection with the Business Sale as part of the separation matters contemplated under the MSA. It is the intent and agreement of the Parties to separate the Utilities as soon as possible following the Effective Date and in any event no later than July 31, 2006. The Parties agree to undertake such actions and execute such documents as are reasonably required in connection therewith. All costs and expenses incurred for such separation of Utilities shall be allocated between the Parties in accordance with the MSA. Prior to completion of the separation of the Utilities, the Parties shall allocate the cost of any such Utilities which are not separately metered for each Lot (or a building within a Lot) between themselves based upon each Party’s Proportionate Share of the Gross Building Area of the Penang Site. As of the Effective Date, the Parties agree that the Gross Building Area on the Agilent Lot is 831,000 and on the Avago Lot is 401,000.
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Separation of Utilities. A minimum of three (3) feet horizontal separation shall be maintained between water and wastewater lines and any other underground utility. Other underground utilities may crosswater or wastewater lines only at a perpendicular angle or as close to perpendicular as possible. Water and wastewater lines are to be vertically separated by a minimum of (18) eighteen inches. (water shall be on top) or be separated ten (10) feet horizontally if less than eighteen (18) inches.
Separation of Utilities. Tenant shall, prior to the expiration or termination of this Lease, take all necessary action so that all utilities serving Xxx 0 ("XXX 0"), Xxx 0 (xxx Xxxxxxxx) and Xxx 0 ("XXX 0"), xxxxxxxxxxxx, xx Xxx Xxxxxxx Section X, First Installment Revised as designated on that certain plat recorded in Volume 85068, Page 2623, ET SEQ., of the Plat or Map records of Dallas County, Texas (the "PLAT") are (a) separately metered, so that each of said three Lots is billed separately by all utility companies only for utilities serving each such separately metered Lot, and (b) provided to each of said three Lots separately, with each Lot being independent for all purposes as to utilities, and without any of such Lots being dependent upon either of the other two Lots for any utility service, utility easements (other than those existing on the Premises as of the date of this Lease) or utility equipment. Tenant shall cause the matters described in (a) and (b) above to be accomplished at Tenant's sole cost and expense, no later than the date of the termination or expiration of this Lease, including disconnecting, capping and/or removing from the Premises all pipes, wires and other conduits and equipment for utilities not serving the Premises, creating any new utility metering, utility facilities and/or conduits on Lot 1 and Lot 3, granting and/or releasing any utility easements (other than those existing on the Premises as of the date of this Lease) or rights, amending the Plat and executing and delivering any documents, all as may be necessary to accomplish the matters described in (a) and (b) above. Tenant's obligation under this Section 6 shall survive the expiration or termination of this Lease, and any assignment or sublease hereof, and shall be more fully described in an agreement executed between Principal Mutual Life Insurance Company, as Landlord and Xxxx Corporation, as Debtor and Debtor-in-Possession, as Tenant, which agreement shall be executed contemporaneously with the execution and delivery of this Lease.
Separation of Utilities. Grantees and their agents, employees, contractors, licensees, permittees, and invitees shall maintain at least a TEN (10) foot separation between the Project and City’s existing utilities. If a TEN (10) foot separation is not possible in an area, Grantees shall consult with the City’s Public Works department and shall not install anything without obtaining the approval of the Public Works Director prior to installation. Additionally, the legally required offsets from any existing utilities, including, but not limited to gas, electric, water, and/or communication lines shall be maintained at all times.
Separation of Utilities. Until meters are installed on the electricity, gas and water, Tenant shall pay only their prorata share of the billed cost.
Separation of Utilities. Landlord and Tenant agree that, upon the expiration or earlier termination of the Term, or if required by the applicable utility company, Tenant and Landlord shall immediately (but in any event within thirty (30) days after such termination or earlier expiration of the Term or within thirty days after request therefor by such utility company) enter into such agreements as may be necessary to separate utilities serving the Premises from utilities serving other properties owned or operated by Tenant adjacent to the Premises, including, without limitation, separation of the electrical utilities from the substation currently being operated by Tenant for other properties owned and/or operated by Tenant. Landlord shall hold harmless, defend (with counsel reasonably acceptable to Tenant) and indemnify Tenant from all costs, damages, and liability whatsoever resulting from Landlord’s failure to execute such agreement as set forth herein. Land lord and Tenant agree that a separation of the electrical utility will be pursuant to an agreement in substantially the form of Exhibit G.
Separation of Utilities. Landlord shall, promptly after August 31, 2015, cause the utility systems serving the Intrado Subleased Space to be separated from the utility systems serving the remainder of the Premises, so that Tenant and Intrado are billed separately for the utilities used at their respective premises. The costs and expenses to accomplish such utilities systems separation (the “Utility Systems Separation Costs”) shall be shared by Landlord and Tenant as follows. Landlord shall bear the first Fifteen Thousand Dollars ($15,000.00) of the Utility Systems Separation Costs. If and to the extent the Utility Systems Separation Costs exceed $15,000.00, Landlord and Tenant shall each bear fifty percent (50%) of such excess (provided that in no event shall Tenant be obligated to pay more than $17,500.00 of the Utility Systems Separation Costs). Tenant shall reimburse Landlord within forty-five (45) days after Landlord’s written demand therefor, for Tenant’s share of such excess Utility Systems Separation Costs. If Landlord requires access to the Premises to separate the utility systems as described above, Tenant shall grant Landlord and Landlord’s contractors such access to the Premises as Landlord shall deem necessary or desirable, and no such entry shall be deemed an eviction or partial eviction or entitle Tenant to abatement of rent or any other remedy. Tenant shall cooperate with the Landlord in the performance of any such work, including, without limitation, moving employees, furniture, equipment and other personal property as may be reasonably requested by Landlord to ensure the expeditious and safe completion of such work. Landlord hereby agrees that the separation of utilities contemplated by this Section 3 will not result in a diminution or impairment of the electric power provided to the Premises. Notwithstanding anything to the contrary contained in this Section 3, if Landlord can reasonably and accurately determine the amount of utilities used, respectively, in the Intrado Subleased Space and the remainder of the Premises without physically separating the utility systems, Landlord shall not so physically separate the utility systems unless Landlord pays the entire cost of such separation.
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Related to Separation of Utilities

  • RETENTION OF ULTIMUS The Trust hereby retains Ultimus to act as the fund accountant of the Trust and to furnish the Trust with the services as set forth below. Ultimus hereby accepts such employment to perform such duties.

  • COMPENSATION OF ULTIMUS The Trust, on behalf of each Fund, shall pay for the services to be provided by Ultimus under this Agreement in accordance with, and in the manner set forth in, Schedule B attached hereto, as such Schedule may be amended from time to time. If this Agreement becomes effective subsequent to the first day of a month or terminates before the last day of a month, Ultimus’ compensation for that part of the month in which the Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Payment of Ultimus’ compensation for the preceding month shall be made promptly.

  • Operation of Agreement This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

  • Transition to Retirement 24.1 An Employee may advise their Employer in writing of their intention to retire within the next five years and participate in a retirement transition arrangement. 24.2 Transition to retirement arrangements may be proposed and, where agreed, implemented as: (a) a flexible working arrangement (see clause 16 (Flexible Working Arrangements)); (b) in writing between the parties; or (c) any combination of the above. 24.3 A transition to retirement arrangement may include but is not limited to: (a) a reduction in their EFT; (b) a job share arrangement; or (c) working in a position at a lower classification or rate of pay. 24.4 The Employer will consider, and not unreasonably refuse, a request by an Employee who wishes to transition to retirement: (a) to use accrued Long Service Leave (LSL) or Annual Leave for the purpose of reducing the number of days worked per week while retaining their previous employment status; or (b) to be appointed to a role which that has a lower hourly rate of pay or hours (post transition role), in which case: (i) the Employer will preserve the accrual of LSL at the time of reduction in salary or hours; and (ii) where LSL is taken or paid out in lieu on termination, the Employee will be paid LSL hours at the applicable classification and grade, and at the preserved hours, prior to the post transition role until the preserved LSL hours are exhausted.

  • Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.

  • Retention of Benefits Union leave under the following four (4) sections will be unpaid. The Employer will maintain regular pay and xxxx the Union for the costs of the employee’s salary and benefits. If the Union member is part-time or casual, and the leave is greater than their normal work hours, the Employer will pay the employee for the full length of the leave requested by the Union. The Employer will xxxx the Union for these days as noted above. The Union will pay these invoices within twenty-eight (28) days. Union leave is not unpaid leave for the purposes of Article 22.02 [i.e. such leave will not affect the employee’s benefits, seniority or increment anniversary date].

  • Cessation of Benefits An employee shall cease to be eligible for benefits of this Plan at the earliest of the following dates: (a) at the end of the month in which the employee reaches his/her sixty-fifth (65th) birthday; (b) on the date of commencement of paid absence prior to retirement; (c) on the date of termination of employment with the Employer. Benefits will not be paid when an employee is serving a prison sentence. Cessation of active employment as a regular employee shall be considered termination of employment except when an employee is on authorized leave of absence with or without pay.

  • COMPENSATION OF SUB-ADVISER The Adviser will pay the Sub-Adviser a fee with respect to each of the Portfolio(s) as specified in Appendix A to this Agreement. Payments shall be made to the Sub-Adviser on or about the fifth day of each month; however, this fee will be calculated daily for each of the Portfolio(s) based on the net assets thereof on each day and accrued on a daily basis.

  • Maintenance of Benefits With respect to negotiable wages, hours and working conditions not covered by this Agreement, the State agrees to make no changes without appropriate prior consultation and negotiations with the Association unless such change is made to comply with law, and existing regulations, Personnel Rules, written Policies and Procedures, General Orders, General Operating Procedure, or Standard Operating Procedure.

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

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