THIRTY-EIGHTH. Losses of the Company shall be borne by the shareholders on a pro rata basis up to the payment in full of their shares. Consequently, the holders of paid-in stock shares have no further responsibility for the corporate liabilities. TRIGÉSIMA OCTAVA. Los accionistas serán responsables por las pérdidas de la Sociedad en proporción a las acciones que posean, pero su responsabilidad queda limitada al pago del capital social. En consecuencia, los tenedores de acciones liberadas no tendrán ulterior responsabilidad alguna por las obligaciones sociales. The founders of the Company do not have any special interest in the profits of the Company. Los accionistas fundadores de la Sociedad no tienen ninguna participación especial en las utilidades de la Sociedad.
THIRTY-EIGHTH. If there are any conflicts between this Sublease and the underlying Lease, the terms of the underlying Lease shall prevail.
THIRTY-EIGHTH. The final Lease execution by all parties to this Agreement is contingent upon approval of the Business Grant by the New Jersey Economic Development Authority. The Tenant hereunder is responsible for the application. The Landlord shall not commence any portion of the plans, permits or Tenant fit-out until such time as this contingency is satisfied or waived by the Tenant. THIRTY-NINTH. This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Landlord and the Tenant concerning the leased premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those set forth herein. Except as otherwise provided, no subsequent alterations, amendments, changes or additions to this Lease Agreement shall be binding upon the Landlord or Tenant unless reduced to writing and agreed to and signed by an authorized representative of Landlord and an authorized officer of Tenant. If any term or provision of this Lease Agreement is to any extent invalid or unenforceable, the remaining terms and provisions of this Lease Agreement will not be affected thereby, but each term and provision of this Lease Agreement will be valid and be enforceable to the fullest extent permitted by law.
THIRTY-EIGHTH. The Client acknowledges and accepts that pursuant to the Commerce Code and the Law, the parties agree that the Access Keys shall substitute the autograph signature for an electronic one, reason for which the documental or technical evidences derived from the use of these means in which the use of Access Keys are evidenced, shall produce the same effects granted by the laws to the documents subscribed by the parties, having as consequence the same weight of evidence.
THIRTY-EIGHTH. The Landlord reserves the right to request the Tenant and the Tenant agrees when so requested, to cause his factory help to use the service elevators maintained in the building instead of the passenger elevators. THIRTY-NINTH: - Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises form a part, and in the event that any department of the City or State of New York shall hereafter at any time contend and/or declare by notice, violation, order or in any other manner whatsoever that the premises hereby demised are used for a purpose which is a violation of such certificate of occupancy, Tenant shall, upon five (5) days' written notice from Landlord, immediately discontinue such use of said premises. Failure by Tenant to discontinue such use after such notice shall be considered a default in the fulfillment of a covenant of this lease and Landlord shall have the right to terminate this lease immediately, and in addition thereto shall have the right to exercise any and all rights and privileges and remedies given to Landlord by and pursuant to the provisions of this lease. The statement in this lease of the nature of the business to be conducted by Tenant in the demised premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business may be conducted in the demised premises, is lawful or permissible under the certificate of occupancy issued for the building of which the demised the demised premises form a part, or otherwise permitted by law. If alterations or additions, including but not limited to a sprinkler system, are needed to permit lawful conduct of Tenant's business or to comply with the certificate of occupancy, the same shall be made by and at the sole expense of Tenant and after the necessary consent has been obtained from the Landlord in compliance with Paragraph "Third."
THIRTY-EIGHTH. Losses of the Company shall be borne by the shareholders on a pro rata basis up to the payment in full of their shares. Consequently, the holders of paid-in stock shares have no further responsibility for the corporate liabilities. TRIGÉSIMA OCTAVA. Los accionistas serán responsables por las pérdidas de la Sociedad en proporción a las acciones que posean, pero su responsabilidad queda limitada al pago del capital social. En consecuencia, los tenedores de acciones liberadas no tendrán ulterior responsabilidad alguna por las obligaciones sociales.
THIRTY-EIGHTH. As and for additional rent, the Tenant shall pay to the Landlord an amount equal to forty three percent (43%) of all increases in real property and school taxes and assessments (including any special assessments) covering the leased premises over and above the taxes assessed and charged prior to any reduction through tax contest if any, for the base year 2018 by the County of Nassau or Town of Hempstead and the second half of 2017/2018 and the first half of 2018/19 by the Village of Rockville Centre for Village and school taxes. Landlord represents that to the best of its knowledge the building and real property on which the demised premises are located is fully assessed without abatement and that no abatement or exemptions shall apply or be included as taxes for any applicable base year. Landlord agrees that it shall take all reasonable steps to obtain a reduction of the taxes affecting the real property on which the premises are located each year or, in the alternative, give Tenant the right to pursue such tax relief. Tenant shall be entitled to its pro rata share of any tax refund net of fees and expenses incurred to obtain same For purposes of this lease, the leased premises are agreed to constitute forty three percent (43%) of the building area of the building which is subject to such taxes and assessments. Such additional rent shall be due and payable on the first day of the month following the delivery to the Tenant of a copy of the new tax bxxx for the premises by regular mail at the address of the premises herein leased or within twenty (20) days after a copy of the bxxx is delivered to tenant, whichever is later. All partial years shall be apportioned pro rata at the beginning and end of the lease term. Anything contained in this Lease to the contrary notwithstanding, Taxes shall not include any (a) any special assessments or Taxes resulting from the future expansion of the Building or from any improvements exclusively made by or for the benefit of any other tenant in the Building, (b) taxes upon the Building’s “net income,” (c) any fines, penalties, interest or late charges providing Tenant is current in its rent payments, or discounts for prepayment or (d) income, excess profit, capital stock, estate, inheritance or franchise taxes. If, by law, any assessment may be paid in installments, then, for the purposes hereof (a) such assessment shall be deemed to have been payable in the maximum number of installments permitted by law and (b) there sha...
THIRTY-EIGHTH. The provisions of this Chapter IX shall terminate upon consummation of any Business Combination and may not be amended during the Target Business Acquisition Period except as otherwise provided in these bylaws. TRIGÉSIMA OCTAVA.- Las disposiciones de este Capítulo IX terminarán con la consumación de cualquier Combinación de Negocio y no podrán ser modificadas durante el Periodo de Adquisición del Negocio Objetivo, salvo que se prevea lo contrario en los presentes estatutos.
THIRTY-EIGHTH. Prior to recording the appointment of the liquidator or liquidators at the Public Registry of Commerce and to the assumption, by the same of their obligations, the Board of Directors, officers, general managers and managers of the corporation shall continue in office. However, the Board, officers, general managers and managers may not initiate new transactions after the resolution to dissolve the corporation has been approved by the shareholders or after the existence of a legal cause for dissolution is approved.
THIRTY-EIGHTH. In reference to the leased premises referred to on the top of the first page of this Lease, the same shall be modified to contain the additional language as follows: "Together with use in common with other tenants of the building of the parking lot which services said building and use of the portion of the parking lot servicing the Xxxxxxx Branch of the Xxxxxxx Public Library pursuant to a certain agreement dated October 1, 1984, entered into by and between Xxxxxxx Theatre, Inc. and the Board of Trustees of the Free Public Library, a copy of which is attached hereto and made a part hereof. Tenant shall be liable to maintain all insurance as required by said agreement of October 1, 1984, and further shall be obligated to carry out all of the terms and provisions of said lease agreement."
