THIRTY-NINTH Sample Clauses

THIRTY-NINTH. Area. The Premises shall consist of approximately 56,194 useable square feet of space. The space shall be measured from the outside of the exterior walls and the center line of tenant separation walls (if any) by the Lessor’s architect and verified by Lessee’s architect. Lessor represents the common area factor to be (0%).
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THIRTY-NINTH. The Sublessee shall make the following improvements to the railroad station building in accordance with its , 2022 proposal: All work shall be done in accordance with applicable statutes and ordinances and regulations including but not limited to the Uniform Construction Code, Uniform Fire Code and Borough Land Use Regulations. No structural modifications or modifications to existing commuter related facilities may be done without first obtaining written approval of the Borough which must obtain written approval from New Jersey Transit Corporation in accordance with the requirements of the third article of this sublease agreement. All work shall be done in a good and xxxxxxx like manner and to the satisfaction of the Borough. In completing such improvements, the Sublessee must comply with all relevant provisions of this sublease agreement as well as the underlying lease between the Borough and New Jersey Transit Corporation. FORTIETH: The Sublessee is authorized to submit an application for a special concessionaire permit may be made to the Director of the Division of Alcoholic Beverage Control (“ABC”) pursuant to the provisions of N.J.A.C. 13:2-5.2.
Sample 1
THIRTY-NINTH. The Tenant shall obtain and pay the premium for a general liability insurance policy in standard form satisfactory to Landlord from a reputable insurance carrier in the amount of at least $2,000,000.00 which names the Landlord as an additional insured and which provides that same cannot be canceled or reduced in amount without prior written notice to Landlord. Such policy shall insure Landlord against any and all claims, demands, losses and/or risks which arise from Tenant’s occupation, use and control of the premises including, without limitation, property damage or personal injury to Landlord or to a third party. This insurance obligation shall be interpreted and construed together with paragraph second of the form portion of this Lease in the broadest possible manner in favor of providing protection and legal defense to the Landlord from claims made as a result of Tenant’s acts, omissions or strict liability under the law. Tenant shall likewise obtain and pay for a Plate Glass replacement insurance policy naming the Landlord as an additional insured. Certificates of insurance naming Landlord as an additional insured together with a copy of the declaration page of the underlying policy which binds Tenant’s insurance carrier’s obligations to Landlord as an additional insured as stated in the certificate of insurance certificates evidencing any renewals or substitutions shall be furnished to Landlord’s attorney for review at least three (3) business days prior to the commencement of this lease or the effective date of any renewal or replacement policy, whichever applies, throughout the term of this lease. Such insurance shall be maintained by the Tenant at its sole costs in continual effect throughout the term hereof. Notwithstanding anything to the contrary contained elsewhere in this Lease, Tenant shall not be liable to Landlord or to any insurance company insuring the Landlord by way of subrogated rights or otherwise, for any loss or damage caused by fire or any other hazard or peril covered by fire or extended coverage or all risk insurance, to the extent such loss or damage is covered by insurance to any building structure or other tangible property, or any resulting loss of income, even though such loss or damage may have been occasioned by the negligence of Tenant, its agents or employees provided such waiver of subrogation shall be obtainable. If such policies shall not be obtainable or shall be obtainable only at a premium over that chargeable wit...
Sample 1
THIRTY-NINTH. The Client may have different type of profiles and faculties to carry out transactions through Electronic Systems recognized by the parties. Monex reserves the right to broaden or restrict at any time the span of profiles and authority to carry out the transactions through Electronic Systems. Furthermore, Monex may broaden, reduce or amend at any time, in whole or in part, temporarily or permanently, without the need of previous notification to the Client of the conditions, characteristics and reaches of the means that Monex puts at the Client’s disposition, as well as restrict the use and access of the same. In the same way and to its judgment, Monex may temporary or permanently suspend the Client’s rights to use the Electronic Systems when considering that its use violates the terms of the Agreement or that its use may damage the interests of other clients or suppliers, Monex or the Financial Entities that conform the Financial Group to which Monex is part of FORTIETH.- Monex shall provide to the Client an Access Device for each person that is authorized by it in terms of the clause Twenty-Eighth, which shall be considered as additional and shall be enabled or, if necessary, disabled by the Client through the authentication procedure that Monex establishes in the Website for such purposes. The cost of the additional Access Device(s) shall be borne to the Client.
Sample 1
THIRTY-NINTH. Right to Cure. Notwithstanding anything to the contrary contained in this Lease, Lessee shall, prior to Lessee being in default, interest or late charge being imposed, or Lessor having any rights or remedies, be entitled to receive (i) ten (10) day advance written notice in the case of any non-payment of money (including rent) by Lessee (except that if Lessee shall receive more than two (2) notices of late payment of monthly rent in any calendar year, it forfeits its rights to any additional notice and grace for the remainder of said calendar year) and (ii) thirty (30) day advance written notice in the case of non-performance of any term other than the payment of money; provided, however, in the event such non-performance cannot reasonably be cured by Lessee within thirty (30) days after written notice from Lessor, Lessee shall have an additional period of time as is reasonable under the circumstances for Lessee to cure said default provided Lessee shall at all times diligently pursue said cure.
Sample 1
THIRTY-NINTH. If Tenant defaults in fulfilling any of the covenants of this lease other than the covenants for the payment of rent or additional rent, or of any ancillary agreement, or if the demised premises become vacant or deserted, then, in any one or more of such events, upon Landlord serving a written five (5) days' notice upon Tenant specifying the nature of said default and upon the expiration of said five (5) days, if Tenant shall have failed to comply with or remedy such default, or if the said default or omission complained of shall be of such a nature that the same cannot be completely cured or remedied within said five (5) day period, and if Tenant shall not have diligently commenced during such default within such five (5) day period, and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default, then Landlord may serve a written three (3) days' notice of cancellation of this lease upon Tenant, and upon the expiration of said three (3) days, this lease and the term thereunder shall end and expire as fully and completely as if the date of expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this lease and the term thereof, and Tenant shall then quit and surrender the demised premises to Landlord, but Tenant shall remain liable as hereinafter provided.
Sample 1

Related to THIRTY-NINTH

  • Thirty days after the employee begins his/her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Authority in a non-bargaining unit position, or was on layoff, in which event the deductions will begin with the first paycheck paid 30 days after the resumption of the employee’s employment in a bargaining unit position, whichever is later.

  • EIGHTH The Distributor may, from time to time, assign, transfer or pledge ("Transfer") to one or more designees (each an "Assignee"), its rights to all or a designated portion of (i) the Distributor's 12b-1 Share (but not the Distributor's duties and obligations pursuant hereto or pursuant to the Plan), and (ii) the Distributor's Earned CDSC, free and clear of any offsets or claims the Company may have against the Distributor. Each such Assignee's ownership interest in a Transfer of a designated portion of a Distributor's 12b-1 Share and a Distributor's Earned CDSC is hereinafter referred to as an "Assignee's 12b-1 Portion" and an "Assignee's CDSC Portion," respectively. A Transfer pursuant to this Section EIGHTH: (A) shall not reduce or extinguish any claim of the Company against the Distributor.

  • TWELFTH This Agreement shall become effective as of the date hereof, shall continue in force and effect until February 28, 1999, and shall continue in force and effect from year to year thereafter, provided, that such continuance is specifically approved at least annually (a)(i) by the Board of Directors of the Company or (ii) by the vote of a majority of the Portfolios' outstanding voting securities (as defined in Section 2(a)(42) of the 1940 Act), and (b) by vote of a majority of the Company's directors who are not parties to this Agreement or "interested persons" (as defined in Section 2(a)(19) of the 1940 Xxx) xx any party to this Agreement cast in person at a meeting called for such purpose.

  • SIXTH Meetings of stockholders may be held within or without the State of Delaware, as the By-Laws may provide. The books of the Corporation may be kept (subject to any provision contained in the DGCL) outside the State of Delaware at such place or places as may be designated from time to time by the Board of Directors or in the By-Laws of the Corporation.

  • ELEVENTH Nothing herein contained shall require the Company to take any action contrary to any provision of its Agreement and Declaration of Trust, or to any applicable statute or regulation.

  • SEVENTH A copy of the Agreement of Merger will be furnished by the surviving corporation on request, without cost, to any stockholder of the constituent corporations.

  • FIFTH The Distributor shall act as an agent of the Company in connection with the sale and redemption of Shares. Except with respect to such sales and redemptions, the Distributor shall act as principal in all matters relating to the promotion of the sale of Shares and shall enter into all of its own engagements, agreements and contracts as principal on its own account. The Distributor shall enter into agreements with investment dealers and financial institutions selected by the Distributor, authorizing such investment dealers and financial institutions to offer and sell the Shares to the public upon the terms and conditions set forth therein, which shall not be inconsistent with the provisions of this Agreement. Each agreement shall provide that the investment dealer or financial institution shall act as a principal, and not as an agent, of the Company.

  • THIRTEENTH This Agreement may be terminated with respect to the Shares of any Portfolio at any time, without the payment of any penalty, by vote of the Board of Trustees or Board of Directors of the Fund or by vote of a majority of the outstanding Shares of such class of such Portfolio, or by the Distributor, on sixty (60) days' written notice to the other party; and

  • Five weeks accrual - Employees shall accrue five weeks of vacation annually after the completion of 520 full-time biweekly pay periods (20 years) of continuous employment, up to a maximum balance of ten weeks.

  • FOURTH The total number of shares of all classes of stock which the Corporation shall have authority to issue is forty-one million (41,000,000) shares, consisting of:

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