THEREFORE AGREED AS FOLLOWS. The Subdivider will in a time period not to exceed 24 months, on or before the __________ day of ________________ 20___, complete as required the following improvements in the ______________________ Subdivision:
THEREFORE AGREED AS FOLLOWS. 1. The City shall determine the location and amount of land, which is available for sale or exchange to County and shall cause said tract or tracts to be surveyed. Said survey to be initially paid by the City.
2. The County agrees that if a sale or exchange of surveyed property occurs, the County shall reimburse the City for all costs incurred in the preparation of said survey or surveys for those tracts acquired by the County.
3. That the sale or exchange of any properties shall be subject to the approval of the various governing bodies.
THEREFORE AGREED AS FOLLOWS. The City hereby accepts the bid of Lansing and awards the project for asbestos remediation and demolition of the six residential properties described above to Lansing.
THEREFORE AGREED AS FOLLOWS. 1. Except that Sovereign Bank as agent for itself and various other lenders shall be hereafter referred to as "Agent" and Sovereign Bank individually shall hereafter be referred to as "Lender", capitalized terms used herein shall have the meanings provided in the Loan and Security Agreement unless otherwise defined herein.
2. Each of the Lenders and the Borrower hereby consents to (1) the assignment by BankBoston, N.A., as agent for itself and various other lenders, to Sovereign Bank, as agent for itself and various other lenders, of all of the rights and obligations of Agent under the Loan and Security Agreement and all other Loan Documents, and (2) the assignment by BankBoston, N.A. to Sovereign Bank of BankBoston, N.A.'s Individual Commitment and the rights and obligations of BankBoston, N.A. in connection therewith. Sovereign Bank individually and as agent for itself and various other lenders hereby accepts such assignments and agrees to be bound by the terms of the Loan and Security Agreement and the Loan Documents.
THEREFORE AGREED AS FOLLOWS. 1. FMB hereby appoints the Collateral Agent and the Collateral Agent accepts the appointment to act as custodian for the purpose of receiving and holding physical custody and control over the Custodial Receivables. The authority of the Collateral Agent to act on behalf of FMB shall be limited solely to the specific authority granted hereunder. The Collateral Agent shall take instructions from FMB only and not Litchfield with respect to the Custodial Receivables, and the Collateral Agent shall not release any Custodial Receivables without the consent of FMB.
2. The Collateral Agent represents and warrants that it has custody of the Custodial Receivables. The Collateral Agent shall keep the Custodial Receivables segregated from other documents at its filing facilities. The Collateral Agent shall use the same degree of care in processing and storing the Custodial Receivables that it uses in processing and storing similar items for its own use. The Collateral Agent shall execute and deliver to FMB such receipts and acknowledgements evidencing custody of the Custodial Receivables as may be reasonably requested by FMB.
3. The Collateral Agent shall promptly deliver or cause to be delivered to FMB or such custodian designated by FMB the Custodial Receivables from time to time to such locations and in such manner as FMB shall determine. Litchfield hereby instructs the Collateral Agent to indorse in blank the promissory notes and any other documents containing endorsements to the Collateral Agent. On and after the date of this Agreement, (a) the Collateral Agent shall notify all servicers and lock box banks for the Custodial Receivables that all payments related to the Custodial Receivables should be credited to FMB c/o Litchfield as FMB's servicing agent or as otherwise designated by FMB, and (b) the Collateral Agent shall pay to FMB c/o Litchfield as servicing agent or as otherwise designated by FMB any amount related to the Custodial Receivables received by the Collateral Agent, and shall hold all such payments in trust for FMB pending payment as provided herein.
4. The Collateral Agent shall not be liable or responsible in any way for any loss or damage to the Custodial Receivables or any diminution in the value thereof, except those losses resulting directly from Collateral Agent's negligence or willful misconduct. The Collateral Agent shall not be liable or responsible in any way for any act of any other custodian, carrier, or any other person whatsoever. No ...
THEREFORE AGREED AS FOLLOWS. 1. The Agreement shall be extended for an additional five years, until September 9, 1995.
2. The following shall be added at the end of Article 5: "Each such project agreement involving 'joint research' shall address the disposition of intellectual property rights in third countries as set forth in Article 6.2.B
3. Articles 6, 8 and 9, concerning Intellectual Property Rights shall be deleted in their entirety and replaced with the following:
THEREFORE AGREED AS FOLLOWS. 1. The City shall rent the dumpster enclosure located on the parking lot to Chief Tremont Corporation for a fee of $1.00 per year.
2. Chief Tremont Corporation shall be allowed to store its trash receptacles in the dumpster enclosure during the term of this agreement.
3. Chief Tremont Corporation shall provide any and all maintenance, cleaning or painting required to maintain the dumpster enclosure in an aesthetically pleasing condition.
4. This lease shall be for an initial term of one year and will be subject to automatic renewal for additional one-year terms unless cancelled by the parties as provided herein.
5. Either party may cancel this agreement on 30 days notice in writing, to be delivered to the other party at the address shown below.
6. This agreement shall take effect upon approval by the City Council of Marshalltown, Iowa.
THEREFORE AGREED AS FOLLOWS. 1. The Letter Agreement provides that all references to "Exhibit K" are meant to refer to be "Exhibit J." Such Letter Agreement shall remain in full force and effect, but shall not apply to any references to the list of SB Alternative Sales Forces attached as Exhibit K to this First Amendment. Accordingly, subject to the terms and conditions of this Agreement (including, without limitation, Section 10.1.5), AOL hereby approves the use of the SB Alternative Sales Forces set forth on Exhibit K.
Section 10.1 2 of the Original Agreement provides, in part, that: "Upon the prior written approval of AOL and upon terms to be mutually agreed upon by the Parties in writing, SB shall have the right to select, direct and use any internal or third party sales force to sell Directory Advertisements for inclusion in the [**] Database and distribution through the YP Product (any such AOL-approved sales force, `SB Alternative Sales Forces,' and together with the AOL Alternative Sales Forces, collectively referred to herein as the `Alternative Sales Forces')." In accordance with the forgoing, the Parties agree to amend Section 10.1 of the Original Agreement by deleting Section 10.1.5 in its entirety and replacing it with the following, such that the following provisions shall apply to the SB Alternative Sales Forces approved by AOL pursuant to this Second Amendment and set forth in Exhibit K, and to any additional SB Alternative Sales Forces that may be approved by AOL in the future in accordance with the Agreement (which conditions for approval may be modified from time to time by AOL in its reasonable discretion and upon prior notice to SB).
THEREFORE AGREED AS FOLLOWS. 1. The Parties hereby agree to amend the definition of "Directory Advertisements" as follows:
THEREFORE AGREED AS FOLLOWS. 1. The Subdivider will, on or before the day of 20 , complete as required the following improvements in the Subdivision:
2. The Subdivider shall file with the County of Xxxxxx through its Planning Director the Security Guaranty as noted above securing and guaranteeing completion of said improvements by the required date; and
3. When the Security Guaranty noted above is filed and other requirements of said Ordinance are met, then the County acting through its Planning Director will execute the Final Plat of the
