Amendments, Supplements, Etc At any time this Agreement may be amended or supplemented by such additional agreements, articles or certificates, as may be determined by the parties hereto to be necessary, desirable or expedient to further the purposes of the Agreement, or to clarify the intention of the parties hereto, or to add to or modify the covenants, terms or conditions hereof or to effect or facilitate any governmental approval or acceptance of this Agreement or to effect or facilitate the filing or recording of this Agreement or the consummation of any of the transactions contemplated hereby. Any such instrument must be in writing and signed by all parties.
Amendments, Etc No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.
Execution of Amendments, etc Administrative Agent may, but shall have no obligation to, with the concurrence of any Lender, execute amendments, modifications, waivers or consents on behalf of such Lender. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 10.5 shall be binding upon each Lender at the time outstanding, each future Lender and, if signed by a Credit Party, on such Credit Party.
Amendments to Schedules The Schedules to this Agreement form an integral part of this Agreement. The Schedules may be amended or replaced from time to time by the parties who will evidence their approval thereof by initialing a new Schedule dated as of the effective date of such amendment or replacements.
SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" 1 Panes not exceeding 0,1 m2 m2 3 SMD2 Bill No. 11 GLAZING Item No Quantity Rate Amount SECTION 3 BILL NO. 12 PAINTWORK SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" ON FIBRE-CEMENT Prepare and brush to remove all loose contaminations, apply one coat primer and two coats PVA emulsion paint: 1 On fascias and barge boards m2 7 ON WOOD Undercoat and minimum 2 coat gloss enamel: 2 On doors (Internal) m2 7 3 On doors (External) m2 7 ON METAL Undercoat and minimum 2 coat gloss enamel: 4 On door frames m2 1 5 On gates (Measured over the full flat area of both sides) m2 8 6 On gutters and down pipes m 10 Spot prining defects in prime surface with zinc chromate primer and apply one universal undercoat and two coats EPWP, golden brown gloss enamel paint on steel: 7 On windows with burglar bars m2 3 Carried Forward to Summary of Section No. 3 Section No. 3 SMD2 Bill No. 12 PAINTWORK BVI CONSULTING ENGINEERS R SECTION SUMMARY - SMD2 1 EARTHWORKS 60 2 CONCRETE,FORMWORK AND REINFORCEMENT 62 3 MASONRY 65 4 WATERPROOFING 66 5 ROOF COVERINGS 68 6 CARPENTRY AND JOINERY 70 7 IRONMONGERY 72 8 METALWORK 73 9 PLASTERING 74 10 PLUMBING AND DRAINAGE 77 12 PAINTWORK 79 Carried to Final Summary Section No. 3 SMD2 BVI CONSULTING ENGINEERS Amount R No SECTION 4 BILL NO.1 EARTHWORKS (PROVISIONAL) SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" SITE CLEARANCE 1 Digging up and removing rubbish, debris, vegetation, xxxxxx, shrubs,xxxx and trees not exceeding 200mm girth, etc. m2 103 2 Stripping average 100mm thick layer of top soil and stockpiling on site m2 103 EXCAVATION,FILLING, ETC Excavation in earth not exceeding 2m deep: 3 Trenches m3 24 4 Pit m3 42 5 For aprons thickenning m3 5 Extra over trench and hole excavations in earth for excavation: 6 Soft rock m3 71 7 Hard rock m3 71 Extra over all excavations for carting away: 8 Surplus material from excavations and/or stock piles on site to a dumping site to be alocated by the Contractor m3 53 Carried Forward Section No. 4 MD6 Xxxx Xx. 1 EARTHWORKS BVI CONSULTING ENGINEERS R 9 Sides of trench and hole excavation not exceeding 1,5m deep. m2 112 10 Keeping excavations free of water other than subterranean water Item Earth filling obtained from the excavations and/or prescribed stock piles on site compacted to 93% ModAASHTO density: 11 Under floors, steps, pavings, etc. m3 12 12 Backfilling to trenches, holes, etc. m3 13 13 Compaction of ground surface under floors etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 39 14 Compaction of ground surface to pits etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 33 15 Compaction of ground surface to aprons etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 54 16 Modified AASHTO Density tests No 5 Section No. 4 MD6 Bill No. 1 EARTHWORKS 17 Under floors etc including forming and poisoning shallow furrows against foundation walls etc, filling in furrows and ramming. m2 39 18 To bottom of concrate aprons m2 54 19 To bottoms and sides of trenches, etc. m2 92 MD6 Bill No. 1 EARTHWORKS
Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification.
(b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected.
(i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day).
(ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).
Supplements to Schedules Pending Closing, Seller may supplement or correct the Schedules to this Agreement as necessary to insure their completeness and accuracy. No supplement or correction to any Schedule or Schedules to this Agreement shall be effective, however, to cure any breach or inaccuracy in any of the representations and warranties; but if TJC does not exercise its right to terminate this Agreement under Section 12 and closes the transaction, the supplement or correction shall constitute an amendment of the Schedule or Schedules to which it relates for all purposes of this Agreement.
Agreements, Etc Other than the Leases, the Seller has not entered into any contract or agreement with respect to the Property which will be binding on the Purchaser after the Closing other than contracts and agreements being assumed by the Purchaser or which are terminable upon thirty (30) days notice without payment of premium or penalty.
Amendments and Supplements to Time of Sale Prospectus If the Time of Sale Prospectus is being used to solicit offers to buy the Offered Shares at a time when the Prospectus is not yet available to prospective purchasers, and any event shall occur or condition exist as a result of which it is necessary to amend or supplement the Time of Sale Prospectus so that the Time of Sale Prospectus does not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances when delivered to a prospective purchaser, not misleading, or if any event shall occur or condition exist as a result of which the Time of Sale Prospectus conflicts with the information contained in the Registration Statement, or if, in the opinion of counsel for the Underwriters, it is necessary to amend or supplement the Time of Sale Prospectus to comply with applicable law, the Company shall (subject to Section 3(b) and Section 3(c) hereof) promptly prepare, file with the Commission and furnish, at its own expense, to the Underwriters and to any dealer upon request, either amendments or supplements to the Time of Sale Prospectus so that the statements in the Time of Sale Prospectus as so amended or supplemented will not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances when delivered to a prospective purchaser, not misleading or so that the Time of Sale Prospectus, as amended or supplemented, will no longer conflict with the information contained in the Registration Statement, or so that the Time of Sale Prospectus, as amended or supplemented, will comply with applicable law.
Waivers, Amendments, etc The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.
