STATEMENT OF TERMS. In consideration of the mutual promises herein, it is agreed as follows:
STATEMENT OF TERMS. The parties hereby agree as follows:
STATEMENT OF TERMS. The parties conclusively agree that they have received good and valuable consideration for making the following agreements:
3.1 The Commencement Date of the Term of the Lease is , 200 and the Expiration Date of the Term is , 20 , and Articles 4 and 6 of the Basic Lease Provisions are modified accordingly.
3.2 Tenant represents and warrants to Landlord that (i) there exists no default under the Lease either by Tenant or Landlord; and (ii) there exists no offset, defense or counterclaim to Tenant’s obligations under the Lease.
STATEMENT OF TERMS. The parties conclusively agree that they have received good and valuable consideration for making the following agreements:
3.1 The Commencement Date of the Term of the Lease is , 200 and the Expiration Date of the Term is , 20 , and Articles 7 and 11 of the Basic Lease Provisions and Definitions are modified accordingly.
3.2 Tenant represents and warrants to Landlord that (i) there exists no default under the Lease either by Tenant or Landlord; and (ii) there exists no offset, defense or counterclaim to Tenant’s obligations under the Lease.
3.2 This Agreement is executed by the parties hereto for the purpose of providing a record of the Commencement and Expiration Dates of the Lease. EXCEPT as modified in this Agreement, the Lease will remain in full force and effect as if the same were set forth in full in this Agreement, and Landlord and Tenant ratify and confirm all the terms and conditions of the Lease as modified by this Agreement. THIS AGREEMENT will be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. EACH PARTY AGREES that it will not raise or assert as a defense to any obligation under the Lease or this Agreement or make any claim that the Lease or this Agreement is invalid or unenforceable due to any failure of this document to comply with ministerial requirements including, but not limited to, requirements for corporate seals, attestations, witnesses, notarizations or other similar requirements, and each party waives the right to assert any such defense or make any claim of invalidity or unenforceability due to any of the failures described above. Landlord and Tenant have executed this Agreement as of the date and year first above written and represent and warrant to each other that the individual signing this Agreement on its behalf possesses the requisite authority to sign this Agreement. LANDLORD: TENANT: By: Xxxx-Xxxx Realty, L.P., member By: Xxxx-Xxxx Realty Corporation, general partner By: By: Name: Name: Title: Title: Tenant will pay in addition to the Fixed Basic Rent provided in this Lease, Additional Rent to cover Tenant’s Percentage of the increased cost to Landlord, for each of the categories enumerated in this Exhibit, over the “Base Period Costs” for these categories.
STATEMENT OF TERMS. In consideration of the covenants and undertakings and the releases contained in this Agreement, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Employee and the Company agree as follows:
STATEMENT OF TERMS. The Agreement is hereby amended as follows:
STATEMENT OF TERMS. The undersigned consent to and acquiesce in the Borrower's grant of a security interest in the Personal Property in favor of the Agent.
STATEMENT OF TERMS. A. As part of the development of the Real Estate, road impact fees are required to be paid to the City by the Applicant. In accordance with City Ordinance 12-13, the City assessed a road impact fee of $142,599 on May 17, 2018, attached hereto as Exhibit B (18-RIFA-05) (the “Assessed Road Impact Fee”), as part of the Applicant’s filed ILP for the Real Estate.
B. Pursuant to I.C. 36-7-4-1324 the City agrees to installment payments of the Assessed Road Impact Fees as set forth herein.
C. Prior to the issuance of the ILP, the Applicant agrees to tender five-thousand dollars ($5,000.00) or five percent (5%), whichever is greater.
D. The Applicant agrees to make installment payments to the City for the remaining Assessed Road Impact Fee on or before the dates set forth below. The remaining amounts shall be due in equal payments beginning March 1, 2017, and every year thereafter, in accordance with the following: Issuance of ILP: $7,129.95 March 1, 2019: $27,093.81 March 1, 2020: $27,093.81 March 1, 2021: $27,093.81 March 1, 2022: $27,093.81 Total Road Impact Fee: $142,599.00
E. The Applicant is aware and agrees that a lien is placed upon the Real Estate pursuant to I.C. 36-7-4-1325 and the City reserves all rights of collection thereunder.
STATEMENT OF TERMS. The Loan Agreement is hereby amended effective as of the date hereof by deleting from Section 101 thereof the definition of the term "Maximum Availability" and substituting in lieu thereof the following replacement definition:
STATEMENT OF TERMS. A. As part of the development of the Real Estate, road impact fees are required to be paid to the City by the Property Owner. In accordance with City Ordinance 12- 13, the City assessed a road impact fee of $366,425 on March 2, 2018, attached hereto as Exhibit B (18-RIFA-02) (the “Assessed Road Impact Fee”), as part of the Property Owner’s filed ILP for the Real Estate.
B. Pursuant to I.C. 36-7-4-1324 the City agrees to installment payments of the Assessed Road Impact Fees as set forth herein.
C. Prior to the issuance of the ILP, the Property Owner agrees to tender five- thousand dollars ($5,000.00) or five percent (5%), whichever is greater.
D. The Property Owner agrees to make installment payments to the City for the remaining Assessed Road Impact Fee on or before the dates set forth below. The remaining amounts shall be due in equal payments beginning March 1, 2019, and every year thereafter, in accordance with the following: Issuance of ILP: $18,321.25 March 1, 2019: $69,620.75 March 1, 2020: $69,620.75 March 1, 2021: $69,620.75 March 1, 2022: $69,620.75 Total Road Impact Fee: $366,425.00
E. The Property Owner is aware and agrees that a lien is placed upon the Real Estate pursuant to I.C. 36-7-4-1325 and the City reserves all rights of collection thereunder.
