State Law Provisions. This Agreement shall be governed by the laws of the state of Virginia. In addition, to the extent an amendment does not conflict with federal law, the agreement may be amended by mutual agreement of the parties.
State Law Provisions. To the extent that a court of competent jurisdiction would deem the laws of the State of California to be applicable to this Agreement and the other Loan Documents, Borrower makes the following waivers:
(A) Each Borrower hereby waives the rights and benefits under California Civil Code (“CC”) Section 2819, and agrees that by doing so such Borrower’s liability shall continue even if the Lender alters any obligations under the Loan Documents in any respect or Lender’s remedies or rights against any Borrower are in any way impaired or suspended without such Borrower’s consent.
(B) Each Borrower hereby waives any and all benefits and defenses under CC Section 2810 and agrees that by doing so such Borrower is liable even if such Borrower had no liability at the time of execution of the Note or thereafter ceased to be liable. Each Borrower hereby waives any and all benefits and defenses under CC Section 2809 and agrees that by doing so such Borrower’s liability may be larger in amount and more burdensome than that of any other Borrower.
(C) Each Borrower hereby waives any and all benefits and defenses under CC Sections 2845, 2849, 2850, 2899 and 3433, including, without limitation, the right to require the Lender to (i) proceed against such Borrower or any other guarantor or pledgor, (ii) proceed against or exhaust any security or collateral the Lender may hold, or (iii) pursue any other right or remedy
State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument, as to the Property:
State Law Provisions. 23 14. TRUSTEE...........................................................25
State Law Provisions. 7.2.2.1 Va. Code § 2.2-4201
(a) During the performance of the Agreement, Design-Builder agrees as follows:
(i) Design-Builder will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Design-Builder. Design-Builder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
(ii) Design-Builder, in all solicitations or advertisements for employees placed by or on behalf of Design-Builder, will state that Design-Builder is an equal opportunity employer. However, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
(iii) If Design-Builder employs more than five employees, Design-Builder shall (1) provide annual training on Design-Builder's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (2) post Design- Builder’s sexual harassment policy in (A) a conspicuous public place in each building located in the Commonwealth that Design-Builder owns or leases for business purposes and (B) Design-Builder's employee handbook.
(iv) The requirements of these provisions (a) and (b) are a material part of the Agreement. If Design-Builder violates one of these provisions, VPRA may terminate the affected part of the Agreement for breach, or at its option, the whole Agreement. Violation of one of these provisions may also result in debarment from state contracting regardless of whether the specific contract is terminated.
(b) Design-Builder will include the provisions of subdivisions (i)-(iii) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor or supplier.
7.2.2.2 Disabilities Act, Va. Code § 51.5-40
State Law Provisions. (a) Applicability of Section 13 of the Lien Law. It is ------------------------------------------- intended that this Mortgage shall be superior to any laborers', mechanics' or materialmen's liens which may be placed upon the Property subsequent to the recordation hereof. Mortgagor shall, therefore, in compliance with Section 13 of the New York Lien Law, receive the advances secured hereby and shall hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the acquisition of the Land and shall apply the same first to the payment of the cost of the acquisition of the Land before using any part of the total of the same for any other purpose.
(b) Benefit of Section 254 and Section 271 of the Real -------------------------------------------------- Property Law. Nothing herein contained shall be construed as depriving the ------------ Mortgagee of any right or advantage available under Section 254 or Section 271 of the Real Property Law of the State of New York, but all covenants herein differing therefrom shall be construed as conferring additional and not substitute rights and advantages.
State Law Provisions. 27 EXHIBIT A-1.......................................................... A-1 EXHIBIT A-2.......................................................... A-2 SCHEDULE 1........................................................... 1-1 SCHEDULE 2........................................................... 2-1 AMENDED, RESTATED AND CONSOLIDATED MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS AMENDED, RESTATED AND CONSOLIDATED MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS, dated as of February 13, 2004 (together with all amendments and supplements, this SECURITY INSTRUMENT), is made by and between 731 OFFICE ONE LLC, a Delaware limited liability company (BORROWER), having an address for notice purposes c/o Alexander's Inc. at 888 Seventh Avenue, New York, New York 10019, and GERMAN AMERICAN CAXXXXX XXXXXXXXXXX, x Xxxxxxxx xxxxxxxxxxx, xaving an address for notice purposes at 60 Wall Street, New York, New York 10005 (together with its successoxx xxx xxxxxxx, XXXXXX).
State Law Provisions. Certain provisions / sections of this Guaranty and certain additional provisions / sections that are required by laws of the State or Commonwealth in which the Premises is located may be amended, described and/or otherwise set forth in more detail on Exhibit “A” attached hereto, which such Exhibit by this reference, is incorporated into and made a part of this Guaranty. In the event of any conflict between such state law provisions and any provision herein, the state law provisions shall control.
State Law Provisions. In the event of any inconsistency between the provisions of this Section 43 and any other provisions of this Mortgage, the provisions of this Section 43 shall control. [To insert state-specific provisions as needed, including, at the Mortgagor's request, in states in which mortgage recording and similar taxes and title insurance charges generally warrant limitations as to the mortgage lien amount, all limitations to be acceptable to the Mortgagee, including, if applicable, provisions requiring the assignment without representation, warranty or recourse and at the Mortgagor's expense of this Mortgage and the Notes in lieu of satisfaction hereof in consideration of an amount sufficient to repay the Secured Obligations in full, all on terms and conditions acceptable to the Mortgagee and in any case provided that such assignment is made without liability to the Mortgagee or any Lender, any obligations and liabilities of the Mortgagor to the Mortgagee and the Lender shall cease upon such assignment and all obligations and liabilities of the Mortgagee to the Mortgagor under the Financing Documents that by their terms survive repayment of the Secured Obligations shall continue in favor of the Mortgagee and the Lenders notwithstanding such assignment.] [The remainder of this page is intentionally left blank.]
State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument, as to the Property:
(a) The reference in Section 6 to Sections 9-402(f) and 9-501(d) of the UCC shall be deemed to refer to Florida Statutes Section 679.402 and Section 679.501, as amended, respectively. This Security Instrument is intended to be a financing statement within the purview of Florida Statute Section 679.402 with respect to the personal property described herein. The addresses of the Borrower (Debtor) and the Lender (Secured Party) are herein set forth. This Security Instrument is to be filed of record with the Clerk of the Circuit Court of the County or Counties where the mortgaged property is located. Borrower is the owner of the Property (whether pursuant to a leasehold estate, easement estate or absolute title).
(b) This Security Instrument shall constitute a Security Agreement within the meaning of the Florida Uniform Commercial Code with respect to (i) any and all sums at any time on deposit for the benefit of the Lender or held by the Lender (whether deposited by or on behalf of the Borrower or anyone else) pursuant to any of the provisions of the Security Instrument and (ii) with respect to any personal property included in the Granting Clauses of this Security Instrument, and all replacements of such personal property, and the proceeds thereof. Upon default, without limitation of any other remedies, the Lender shall have the remedies of a Secured Party under the Florida Uniform Commercial Code. The Debtor/Borrower hereby authorizes the Lender to execute, deliver, file or refile as Lender without joinder of the Borrower, any financing statement, continuation statement or other instruments the Lender may reasonably require from time to time to perfect or renew such security interest under the Florida Uniform Commercial Code.
(c) This Security Instrument shall be deemed to be and shall be construed as a Security Instrument as well as a Mortgage, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents and Security Deposits. Each of the remedies set forth herein, including without limitation the remedies involving a power of sale or power of attorney with respect to the Property and the right of Lender to exercise self-help in connection with the enforcement of the terms of this Security Instrument shall be exercisable if and to the extent permitted by the laws of the State of Florida in force at the time of the exercise of such ...
