Space Leased to Third Parties Sample Clauses

Space Leased to Third Parties. To Pantry’s actual knowledge based solely on the representations, warranties and covenants of the Sellers in the Ahold Agreement and its own due diligence, including, without limitation, review of the Commitments, there are no existing leases affecting the Properties that will survive the Closing, except to the extent of certain space leases, complete copies of which have been or will be provided to RI (the “Space Leases”). The Space Leases shall be deemed subleases under the Leases to be executed by RI and Pantry at Closing. In no event shall Pantry’s delivery of the Space Leases to RI as provided herein be deemed to constitute RI’s approval of the leases. Pantry shall use diligent efforts to obtain written acknowledgments (“Acknowledgements”) from the lessee under any Space Lease having a remaining term, including all unexercised options, of twenty-four (24) months or more, confirming that: (i) such lease, from and after the Closing, shall be deemed a sublease between Pantry, as sublandlord, and the lessee there under, as subtenant; (ii) the said sublease shall be, in all respects, subject and subordinate to the Lease, as the same may be amended; (iii) RI, as landlord under the Lease, shall have no direct liability, responsibility, or obligation to the subtenant, it being understood that Pantry, as sublandlord, shall be solely responsible for any duties required of a landlord under the sublease from Pantry to the subtenant; and (iv) the term of the sublease, including extensions, if any, does not extend beyond the expiration date of the primary term of the Lease. If, despite its diligent efforts, Pantry fails to deliver the sublessee’s written acknowledgment as described above, such failure shall not be a default by Pantry hereunder and RI, shall not have the right to terminate this Agreement as to the applicable Property and shall proceed to Closing. In any event, Pantry hereby indemnifies, defends, and holds RI harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, attorneys’ fees) which arise as a result of the Space Leases. The indemnification of RI by Pantry shall survive the Closing.
Sample 1
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Space Leased to Third Parties. There are no existing leases affecting the Properties that will survive the Closing, except to the extent of certain space leases, complete copies of which have been or will be provided to Buyer (“Space Leases”). [***].
Sample 1

Related to Space Leased to Third Parties

  • Sale to Third Party If the Company, after receiving the Sale Notice, fails to exercise its option as provided in Section 3.2, or if it declines to exercise the same, the Participant shall be entitled to transfer the Vested Shares to the third party on the terms contained in the Offer, and shall be entitled to have his Vested Shares transferred on the books of the Company, but only if the third party purchaser agrees to be bound by the terms of this Agreement applicable to Vested Shares. If the Participant fails to close the transfer of his Vested Shares within sixty (60) days after the option of the Company has expired or been waived, the restrictions contained in this Article III shall again apply and must be met prior to effecting any transfer of Vested Shares. Any transfer of Vested Shares by the Participant to any unaffiliated third party shall comply with all applicable securities laws, and the Company may refuse to transfer any Vested Shares unless it receives such assurance and opinions from legal counsel acceptable to the Company that any such transfer is in compliance with all applicable securities laws.

  • Disclosure to Third Parties The Company shall have the right to disclose to third parties, in whatever manner the Company may determine, the fact that this Agreement has been executed, the names of the parties to this Agreement and the terms hereof.

  • No Third Parties Except as specifically provided herein, no third party shall be benefited by any of the provisions of this Amendment; nor shall any such third party have the right to rely in any manner upon any of the terms hereof, and none of the covenants, representations, warranties or agreements herein contained shall run in favor of any third party.

  • Sales to Third Parties Material purchased from the Joint Property by third parties shall be credited by Operator to the Joint Account at the net amount collected by Operator from the buyer. If the sales price is less than that determined in accordance with the procedure set forth in Section 5.2, then approval by the Operating Committee shall be required prior to the sale. Any claims by the buyer for defective materials or otherwise shall be charged back to the Joint Account if and when paid by Operator.

  • Delegation to Third Parties Except where prohibited by applicable law or regulation, the Sub-Adviser may delegate or may employ a third party to perform any accounting, administrative, reporting and ancillary services required to enable the Sub-Adviser to perform its functions under this Agreement. Notwithstanding any other provision of the Agreement, the Sub-Adviser may provide information about the Adviser and any Fund to any such third party for the purposes of this paragraph, provided that the third party is subject to a confidentiality agreement that specifically prevents the misuse of any such information, including portfolio holdings. The Sub-Adviser will act in good faith and with due diligence in the selection, use and monitoring of third parties and shall be solely responsible for any loss, mistake, gross negligence or misconduct caused by such third party.

  • No Obligation to Third Parties The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

  • Obligations to Third Parties Each party warrants and represents that this Agreement does not conflict with any contractual obligations, expressed or implied, undertaken with any Third Party.

  • Liability to Third Parties The Member will not have any personal liability for any obligations or liabilities of the Company, whether such liabilities arise in contract, tort or otherwise.

  • Non-Third Party Claims Upon discovery of any claim for which Buyer has an indemnification obligation under the terms of Section 12.1 which does not involve a claim by a third party against the Indemnitee, the Indemnitee shall give prompt notice to Buyer of such claim and, in any case, shall give Buyer such notice within 30 days of such discovery. A failure by Indemnitee to timely give the foregoing notice to Buyer shall not excuse Buyer from any indemnification liability except to the extent that Buyer is materially and adversely prejudiced by such failure.

  • No Obligations to Third Parties Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto.

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