Special Conditions or Hazards Sample Clauses

Special Conditions or Hazards. Owner shall disclose to Westin (and Westin shall disclose to Owner) the presence of any condition or hazard of which Owner (or Westin, as applicable) has actual knowledge that may create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 5.1. 1. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Owner’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.2 refers include: latent risks to health such as asbestos; silicosis; toxic or hazardous chemicals; and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Owner’s expense, Westin shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of both Westin and Owner.
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Special Conditions or Hazards. Owner has disclosed to Manager the results of the environmental testing obtained by Owner in connection with the acquisition of the Hotel.
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Special Conditions or Hazards. Operator shall disclose to the Lessee the presence of any condition or hazard within the Knowledge of Operator, and Lessee shall likewise disclose to Operator, the existence of any condition or hazard within the Knowledge of Lessee, to the extent that such condition or hazard may create or contribute to any Claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 5.1 (a). If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Lessee’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.2 refers include: latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Lessee’s expense, Operator shall endeavor to obtain appropriate insurance coverage against such conditions and hazards to protect the interests of both Operator and Lessee.
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Special Conditions or Hazards. 24 5.3 PARTIES INSURED AND AMOUNTS OF COVERAGE....................................24
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Special Conditions or Hazards. Owner shall disclose to Manager prior to the commencement of the Operating Term the presence of any condition or hazard (i) existing as of the commencement of the Operating Term, (ii) that is known to Owner and (iii) that is reasonably likely to create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages required pursuant to Section 5.1.1 of this Agreement. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed by Owner as an Operating Expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 5.1.4 refers include the following: latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. As an expense of the Hotel, Manager shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of Manager, Owner and Trustee. Notwithstanding anything contained herein to the contrary, if the existence of any condition or hazard as described above causes Manager to be unable to operate the Hotel as intended, or causes the Termination or temporary suspension of this Agreement, Owner shall not be liable to Manager or any Affiliate of Manager for any consequential damages in the nature of opportunity cost (e.g., Manager’s alleged damages based on the argument that it would have taken another opportunity in the Hotel’s market had it known of such condition or hazard).
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Special Conditions or Hazards. Owner shall disclose to Operator prior to the commencement of the Operating Term the presence of any condition or hazard existing as of the commencement of the Operating Term that may create or contribute to any claims, damages, losses, or expenses not typically insured against by the coverages specified in Exhibit C. If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Owner's expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 12.2. refers include: (i) latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals, and waste products; (ii) hazards to the environment such as underground storage tanks; and (iii) latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Owner's expense, Operator shall endeavor to obtain appropriate insurance coverages against such conditions and hazards to protect the interests of both Operator and Owner.
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Special Conditions or Hazards. Lessee shall disclose to the Lessor the presence of any condition or hazard within the actual knowledge of Lessee, and Lessor shall likewise disclose to Lessee the existence of any condition or hazard within the actual knowledge of Lessee, to the extent that such condition or hazard may create or contribute to any Claims, damages, losses, or expenses not typically insured against by the coverages specified in Section 13.1(a). If any such condition or hazard requires removal, abatement, or any other special procedures, such special procedures shall be performed at Lessee’s expense in compliance with all Legal Requirements. Conditions or hazards to which this Section 13.2 refers include latent risks to health such as asbestos, silicosis, toxic or hazardous chemicals and waste products; hazards to the environment such as underground storage tanks; and latent or patent toxic, nontoxic, abrasive, or irritant pollutants. At Lessee’s expense, Lessee shall endeavor to obtain appropriate insurance coverage against such conditions and hazards to protect the interests of Lessee and Lessor.
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Related to Special Conditions or Hazards

  • SPECIAL CONDITIONS A submitted appeal must;

  • Special Condition With respect to Liability to the Fund or its shareholders, and subject to applicable state and federal law, the Board Member shall be indemnified pursuant to this Section 1 against any Liability unless such Liability arises by reason of the Board Member’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

  • – OTHER SPECIAL CONDITIONS I. 12.1 Exchange rate applicable for the conversion of currencies into euro Payments shall be made by the Commission in euro. The co-ordinator shall submit the payment requests in accordance with article I.5.3, including the underlying financial statements, in euro. By way of derogation from article II.16.1, any conversion of actual costs into euro shall be made by the beneficiary at the monthly accounting rate established by the Commission and published on its website applicable on the day when the cost was incurred.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • Additional Conditions As a condition to any such assignment or subletting, whether or not Landlord’s consent is required, Landlord may require: (i) that any assignee or subtenant agree, in writing at the time of such assignment or subletting, that if Landlord gives such party notice that Tenant is in default under this Lease, such party shall thereafter make all payments otherwise due Tenant directly to Landlord, which payments will be received by Landlord without any liability except to credit such payment against those due under the Lease, and any such third party shall agree to attorn to Landlord or its successors and assigns should this Lease be terminated for any reason; provided, however, in no event shall Landlord or its successors or assigns be obligated to accept such attornment; and (ii) A list of Hazardous Materials, certified by the proposed assignee or sublessee to be true and correct, which the proposed assignee or sublessee intends to use, store, handle, treat, generate in or release or dispose of from the Premises, together with copies of all documents relating to such use, storage, handling, treatment, generation, release or disposal of Hazardous Materials by the proposed assignee or subtenant in the Premises or on the Project, prior to the proposed assignment or subletting, including, without limitation: permits; approvals; reports and correspondence; storage and management plans; plans relating to the installation of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after Landlord has given its written consent to do so, which consent may be withheld in Landlord’s sole and absolute discretion); and all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any storage tanks installed in, on or under the Project for the closure of any such tanks. Neither Tenant nor any such proposed assignee or subtenant is required, however, to provide Landlord with any portion(s) of the such documents containing information of a proprietary nature which, in and of themselves, do not contain a reference to any Hazardous Materials or hazardous activities.

  • Physical Condition Except as disclosed in the Physical Conditions Reports delivered to Lender in connecting with this Loan, to Borrower's knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy. B. Nothing herein shall in any manner create any obligation or establish any right against the Reinsurer in favor of third parties or any persons not parties to this Contract except as provided with respect to the Insured in this Contract or in the Assumption of Liability Endorsement. C. In the event of a Quota Share Reduction, as that term is defined under the Policy, each Subscribing Reinsurer's participation percentage in this Contract shall be increased in the proportion that 100% bears to the total Subscribing Reinsurer's participation after the Quota Share Reduction. For the avoidance of doubt, such participation percentage increase is necessary to account for the reduction provisions of the Reduction Under Quota Share Contract Article of the Policy. If applicable, the Remaining Aggregate Retention, as that term is defined under the Policy, would likewise be adjusted. Any termination of a Subscribing Reinsurer's participation in this Contract shall not require the consent of any other Subscribing Reinsurer. As respects each Subscribing Reinsurer still participating on this Contract following the Reinsurer Reduction Date, as that term is defined under the Policy, in no event shall its share of the aggregate limit following the Reinsurer Reduction Date be greater than its share of the aggregate limit prior to the Reinsurer Reduction Date, notwithstanding that its participation percentage may increase as a result thereof. As an example, where the aggregate limit is $300,000,000 with each of three Subscribing Reinsurers retaining a 33.33% share ($100,000,000 each), and one Subscribing Reinsurer's share is terminated, then the resulting aggregate limit becomes $200,000,000 with each of the two remaining Subscribing Reinsurers retaining a 50.00% share (i.e., 33.33% x 100%/66.67%). As respects each of the two remaining Subscribing Reinsurers, its share of the aggregate limit shall remain at $100,000,000.

  • SPECIAL CONDITIONS OF CONTRACT The following Special Conditions of Contract (SCC) shall supplement and/or amend the General Conditions of Contract (GCC).Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

  • Mutual Conditions The respective obligations of each party to consummate the purchase and issuance and sale of the applicable Purchased Securities to be purchased and issued at the Closing shall be subject to the satisfaction on or prior to the Closing Date of each of the following conditions (any or all of which may be waived by a particular party on behalf of itself in writing, in whole or in part, to the extent permitted by applicable Law): (i) no Law shall have been enacted or promulgated, and no action shall have been taken, by any Governmental Authority which temporarily, preliminarily or permanently restrains, precludes, enjoins or otherwise prohibits the consummation of the transactions contemplated hereby or makes the transactions contemplated hereby illegal; and (ii) there shall not be pending any suit, action or proceeding by any Governmental Authority seeking to restrain, preclude, enjoin or prohibit the transactions contemplated by this Agreement.

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