Term and Conditions. Language Consent. By accepting the RSU Award, the Participant confirms having read and understood the documents relating to this grant (the Plan, the Agreement and this Exhibit A) which were provided in English language. The Participant accepts the terms of those documents accordingly.
Term and Conditions. Licensor will provide Licensee with On-Going Licensing and Support Subscription (OGS) to the Software, if purchased, for the period of one (1) year unless an extended period is negotiated at the time of purchase (the “OGS Term”). The terms of the OGS are outlined on the Licensee’s Online Account. Licensor reserves the right to modify the terms and conditions of OGS at any time and will provide reasonable notice when possible. Any supplemental software code provided to Licensee as part of OGS shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information Licensee provides to Licensor as part of the OGS, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies Licensee.
Term and Conditions. Licensor will provide Licensee with On-Going Licensing and Support (OGS) to the Software, where an active subscription period exists. Licensor reserves the right to modify the terms and conditions of OGS at any time and will provide reasonable notice when possible. Any supplemental software code provided to Licensee as part of OGS shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information Licensee provides to Licensor as part of the OGS, Licensor may
Term and Conditions. Upon execution of this Agreement, Owner shall have the authority, but not an obligation, to plow snow on Portion of CR 5 during the win- ter season of 2017-2018, pursuant to the following terms and conditions:
a. Owner may plow and remove snow on Portion of CR 5 but shall provide no- xxxx to the County Road and Bridge Supervisor prior to removing snow, so that the County can verify that the snow removal is conducted according to the terms and conditions of this Agreement.
b. Owner and County recognize that for the safety of all road users separating ve- hicular, snowcat and snow mobile use from skiers, snow shoe, sledding and pe- destrian use will help insure safety. Therefore, the Portion of CR 5 will be used for vehicular, snowcat and snow mobile use and the remainder of the 60 foot R.O.W. is for skier, snowshoe, sledding and pedestrian use.
c. Owner shall plow Portion of CR 5 to allow safe vehicle passage leaving 4 inches of snow cover where possible, however, in all cases a mini- mum of 1.5-2 inches of snow cover will be left to protect the road from damage.
d. In order to avoid two vehicles meeting from opposite direction, the road way will be plowed for a vehicle to pass at the elbow turn, and all authorized vehicle own- ers will communicate times when they will be using the road.
e. County agrees to install a gate to limit vehicles accessing the road, to the extent that access to the road may be lawfully denied. Property owners beyond the gate will be provided a key upon payment of a fee of $50.00. County will also post a sign near the gate to advise those parking in the parking lot "Do NOT Block Gate".
f. A snowcat, or self-propelled snow blower is required to perform snow plowing. No truck mounted plows shall be used.
g. Both parties agree and understand that extreme weather conditions or snow ac- cumulations or other emergencies (including but not limited to fire , avalanche rescue, and other emergencies which may require access by emergency vehi- cles) may require temporary alterations to the plowing and snow removal as out- lined above.
h. The parties may review this agreement from time to time during the winter of 2017-18 and may make reasonable modifications of this Agreement as may be necessary.
i. Both parties agree and understand that nothing in this agreement shall pre- clude the parties from amending any of the terms and conditions of this Agreement to accommodate changes which change the need for such terms and conditions (including, bu...
Term and Conditions. Beginning on the date of this Agreement, and contin- uing until such time as this Agreement may be terminated as provided herein, Property Owners shall have the authority, but not an obligation, to plow and re- move snow on the Upper Portion of CR5 during the winter season as reasonably necessary to allow construction, maintenance, and motor vehicular access, includ- ing emergency vehicle access, to the Property Owners’ respective properties, pur- suant to the following terms and conditions:
a. The County shall not be responsible for any costs associated with the removal of snow from the Upper Portion of CR5 pursuant to this Agreement. The Prop- erty Owners may enter cost-sharing agreements amongst themselves in rela- tion to such plowing.
b. Prior to each winter, the Property Owners shall notify the County to what extent they intend to plow on the Upper Portion of CR5 (i.e. driveway of Property Owner). Notwithstanding, the Property Owners may plow beyond the specified point in any winter season in the event of emergency or exigent circumstances.
c. Property Owners’ shall not plow any snow from the Upper Portion of CR5 that has not accumulated to at least four inches (4”) prior to plowing. Drifting snow may be plowed as needed. To the extent practicable and possible under the circumstances, two to three inches (2”-3”) of snow cover shall be left on the road to protect the road from damage.
d. The Property Owners are permitted to plow and remove snow from the Upper Portion of CR5 to an extent and width on the roadway that is reasonably nec- xxxxxx to allow safe access to the Property Owners’ respective properties by wheeled motor vehicles, including but not limited to construction, maintenance, and emergency purposes, as determined by the Property Owners in their rea- sonable discretion. The County and Property Owners agree that grooming on the plowed portion of the roadway is prohibited.
e. Property Owners agree that the County may install a gate to limit vehicles ac- cessing the Upper Portion of CR5, to the extent that access to the road may be lawfully denied. If installed, Property Owners’ beyond the gate will be provided a key, entry code, or other means needed for access upon payment of a fee of $50.00. Further, if installed, the County will post a sign near the gate to advise those parking in the parking lot "Do NOT Block Gate".
f. A snow cat, self-propelled snow blower, motor grader, and truck-mounted plow with skids are acceptable to perform snow p...
Term and Conditions. Beginning on the date of this Agreement, and continuing through December 31, 2022, the Company shall have the authority, but not the obligation, to plow maintain the road as follows:
a. The Company may maintain the road year-round in an effort to improve safety and reduce vehicle damage, from the beginning of CR 361/26B to the mine site at the town site of Camp Bird.
b. The Company may contract with a sub-contractor for snow plowing or other road maintenance permitted pursuant to this Agreement. The Company shall propose the name of the contractor, whether an individual or a corporate entity, and provide information as may be reasonably requested by the County regarding the qualifications and credentials of any proposed sub-contractor. The County may approve or disapprove the use of any contractor or sub-contractor, in which case, no portion of the Company’s rights or obligations under this Agreement may be assumed or performed by such contractor or sub-contractor. However, if the County approves the selected contractor or sub-contractor, the Company may have that contractor or sub-contractor perform worked permitted pursuant to this Agreement, including providing indemnity and insurance to the County, as provided in paragraphs 10 and 11 below. If any change to the designated contractor occurs the Company will notify the County in writing within 10 days of the change and will provide such documentation as is required by the County for approvals. The Company will remain responsible for any work performed by the contractor or sub-contractor, and any deficiencies, damages or repairs resulting from work performed by the contractor or sub-contractor.
c. The Company shall remove snow from the Roads in a safe manner so as to permit motor vehicles to pass through safely. The Company shall ensure that no snow is piled in such a manner as to cause traffic hazards or drainage problems on the Road or adjacent properties.
d. The Road shall be signed to warn of private winter maintenance with no guarantee of motor vehicle access by the public. The County will provide verbiage for the signs to also indicate that the public may access trails and public lands in the area by foot or other means at their own risk.
e. A standard motor grader, bulldozer, snow cat, loader, or other County-approved track- mounted plow shall be used for snow removal.
f. Prior to Company commencing winter road maintenance on the Affected Portion of the Road, the Ouray County Road and Bridge Superv...
Term and Conditions. Beginning on the date of this Agreement, and continuing through June 30, 2018, The Ranch shall have the authority, but not an obligation, to plow snow on the Ouray County Portion of Xxxx Xxxx Road during the winter season of 2017-2018, and for such additional xxxxxxx as the parties may agree to extend this Agreement as follows:
a. The Ranch may plow and remove snow on Xxxx Xxxx Road from the entrance to Elk Mountain Resort to the Ouray and Montrose County Line on Xxxx Xxxx Road, approximately .8 miles.
b. The Ranch shall not plow any snow from the roadway that has not accumulated to a depth of at least four inches (4") prior to plowing. One to two inches of snow cover shall be left on the road to protect the aggregate surface and to keep the road frozen.
c. The Ranch shall plow and remove snow from the full width of the road surface, to the extent practical to permit simultaneous vehicle travel in both directions, for the Ouray County Portion of Xxxx Xxxx Road.
d. The road shall be signed to warn of private maintenance and no guarantee of public access.
e. A standard motor grader, snow cat, or self-propelled snow blower is required to perform snow plowing. No truck-mounted plows will be acceptable.
f. Prior to The Ranch commencing winter road maintenance on the Ouray County Portion of Xxxx Xxxx Road, the Ouray County Road and Bridge Superintendent shall perform an evaluation of the Road with a representative from The Ranch in order to determine the Road’s condition just prior to commencement of this Agreement. Thereafter, The Ranch shall repair any damage to the road that results from its plowing of the Ouray County Portion of Xxxx Xxxx Road; such repair to be made to the satisfaction of County. The Ranch shall act affirmatively to repair any such damage it finds to have occurred and shall further repair any such damage identified by County to restore the road to the condition it was in just prior to execution of this Agreement; such reasonable repairs to be commenced within seven days of receipt of written notice of such damage by County to The Ranch.
Term and Conditions. (a) The term of this Agreement shall commence on the Effective Date and shall continue until all the Conditions Precedent have been fulfilled (the “Term”), unless earlier terminated or extended as provided in this Article 9. The parties may extend the Term by their mutual written agreement entered into before the expiration or earlier termination of this Agreement.
(b) The conditions listed in this paragraph must be satisfied or waived prior to expiration of the Term. The parties anticipate that the Conditions Precedent will be satisfied on or before [*], and each covenants to use its commercially reasonable efforts to effect their satisfaction by such time.
(i) Seller has reconfigured and performed such improvements to the Complex and the Covered Facilities as may be required to duplicate and install replacements for the Shared Services.
(ii) Seller has completed all site closure activities and obtained all regulatory approvals as may be required to decommission the Covered Facilities and obtain site closure of all permits and licenses relating to Seller’s use of Hazardous Materials in Building 270.
(iii) Purchaser has had a reasonable opportunity to install the Equipment in Building 270.
(iv) Seller has obtained Master Landlord’s written consent to the Sublease.
Term and Conditions. It is acknowledged between the parties that this agreement is separate and distinct from any other agreement which the LESSEE may have with the LESSOR.
Term and Conditions. Language Consent. By accepting the Restricted Stock Units, Participant confirms having read and understood the documents relating to this grant (the Plan, the Award Agreement and the Appendix) which were provided in English language. Participant accepts the terms of these documents accordingly.