TO HAVE AND TO HOLD for a term of five years beginning with the first day of July, 1992 (the "Commencement Date") and ending on the thirtieth day of June, 1997 (the "Expiration Date"), both dates inclusive. If Lessor fails to deliver possession of the Premises at the Commencement Date, the Lessor shall not be liable for any damages caused thereby, nor shall this lease be void or voidable, but the Commencement Date shall be extended and no rent shall be due until Lessor delivers possession. Provided, however, that notwithstanding the fact that the Commencement Date has been so extended, the Expiration Date shall remain the same and all the other terms and conditions of this lease, including, without limitation, all dates and time periods contained herein, shall also remain as stated herein. If this lease is extended or renewed, all references to "term" herein shall refer to the extension or renewal terms unless specifically designated otherwise. Notwithstanding the preceding language, if Lessor has not delivered the Premises to Lessee with those improvements required by Addendum #2 (the "Improvements") substantially completed within eight (8) weeks of the execution date of this Lease, and if Lessor has not completed work on at least fifty (50%) percent of the Improvements by the end of said eight week period, then Lessee may terminate this Lease without further recourse by giving Lessor written notice of termination; said notice to be given prior to substantial completion and delivery of the Premises by Lessor.

TO HAVE AND TO HOLD for a term beginning on the Commencement Date, which shall be the earlier of (a) the date on which the work to be performed by Landlord pursuant to Exhibit C and the Final Plans has been substantially completed or (b) the opening by Tenant of its business in the Premises, and ending on the Expiration Date, unless sooner terminated as hereinafter provided. The term "substantially completed" as used herein shall mean that (a) the work to be performed by Landlord pursuant to Exhibit C and the Final Plans has been completed with the exception of minor items which can be fully completed without material interference with Tenant and other items which because of the season or weather or the nature of the item are not practicable to do at the time, provided that none of said items is necessary to make the Premises tenantable for the Permitted Uses, and (b) a temporary certificate of occupancy has issued. When the dates of the beginning and end of the term have been determined, such dates shall be evidenced by a document, in the form attached hereto as Exhibit B, which Landlord shall complete and deliver to Tenant, and which shall be deemed conclusive unless Tenant shall notify Landlord of any disagreement therewith within ten (10) days of receipt.

TO HAVE AND TO HOLD for a term of ten (10) years subject to the terms herein, commencing as provided below, unless sooner terminated or extended as hereinafter provided (the "Initial Term"). The Initial Term of this Lease shall commence on or about November 1, 2000 (the "Commencement Date"). Lease will not commence until Landlord has received a Certificate of Occupancy from the Municipal Building Authority, which certificate may be of a temporary nature if only minor work is required to be completed. If the Commencement Date is a day other than the first day of a calendar month, the Initial Term shall be extended for a period of days equal to the number of days between the Commencement Date and the first day of the next calendar month after the Commencement Date (the "Interim Period"). The rent due for the Interim Period shall be the total of the number of days in the Interim Period multiplied by the per diem base annual rental amount to be paid during the first year of the Initial Term, and said rent shall be due and payable to Landlord on the Commencement Date of the Lease. Landlord herein grants Tenant the right and option to extend the term of this Lease for one (1) additional period of five (5) years from the expiration date of the Initial Term or applicable extension period. The Term of this Lease shall be extended for the forthcoming extension period provided: (a) written notice of Tenant's election to exercise its right and option to extend the term of this Lease as set forth herein is given to the Landlord at least one (1) year prior to the expiration of the Initial Term or each applicable extension period; and (b) no default exists under the Lease and Landlord has not elected to deny the Tenant the option to extend the term of this Lease due to the existence of any default. If the Tenant has properly given notice of its intent to exercise its option to extend the term of this Lease as aforesaid and Landlord has not elected to deny the Tenant the option to extend the term of this Lease based on occurrence of an event of default hereunder, then the term of this Lease shall be duly extended for the applicable extension period upon all of the same terms, provisions and conditions, except as hereinafter provided and all references contained in this Lease to the term hereof shall be construed to refer to the Initial Term as extended, whether or not specific reference thereto is made in this Lease.

TO HAVE AND TO HOLD for a term (the “original term”) beginning on the Commencement Date and ending on the Expiration Date, unless sooner terminated as hereinafter provided.

TO HAVE AND TO HOLD for a term beginning January 1, 2002 ("the Commencement Date") and ending December 31, 2003, ("the Lease Expiration Date"), excepting that the Tenant shall have the option to terminate this Lease early if Tenant provides Landlord with ninety (90) days notice and upon termination pays a penalty of three (3) months rent.

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Compliance with Legal Opinions The Servicer shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Xxxxxx & Xxxxxxx LLP, as special counsel to the Servicer, issued in connection with the Transaction Documents and relating to the issues of substantive consolidation and true sale of the Loan Assets.
Compliance with Federal Law The Credit Parties shall: (i) ensure that no Person who owns a controlling interest in or otherwise controls the Credit Parties is or shall be listed on the Specially Designated Nationals and Blocked Person List or other similar lists maintained by the Office of Foreign Assets Control (“OFAC”), the Department of the Treasury, included in any Executive Orders or any other similar lists from any Governmental Authority; (ii) not use or permit the use of the proceeds of the Loans to violate any of the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating thereto, or any other similar national or foreign governmental regulations; and (iii) comply with all applicable Lender Secrecy Act (“BSA”) laws and regulations, as amended. As required by federal law and Lender’s policies and practices, Lender may need to obtain, verify and record certain customer identification information and documentation in connection with opening or maintaining accounts or establishing or continuing to provide services.
Compliance with All Laws In all activities undertaken pursuant to this Agreement, both JHU and Company covenant and agree that each will in all material respects comply with such Federal, state and local laws and statutes, as may be in effect at the time of performance and all valid rules, regulations and orders thereof regulating such activities.
Compliance with U.S Regulations No Obligor shall (and the Parent shall ensure that no other member of the Group will) become an “investment company,” or an “affiliated person” of or “promoter” or “principal underwriter” for an “investment company,” as such terms are defined in the Investment Company Act of 1940. Neither the making of the Loan, or the application of the proceeds or repayment of any Loan by any U.S. Group Member nor the consummation of the other transactions contemplated by this agreement will violate any provision of such act or any rule, regulation or order of the SEC under the Investment Company Act of 1940.
Standard of Care and Limitation on Amount and Time for Bringing Action State Street shall be held to a standard of reasonable care with respect to all of its duties and obligations under this Addendum. The Fund agrees that any liability of State Street to the Fund or any third party arising with respect to the System or State Street’s provision of Data Access Services under this Data Access Services Addendum shall be limited to the amount paid by the Fund for the preceding 24 months for such services. The foregoing limitation shall relate solely to State Street’s provision of the Data Access Services pursuant to this Addendum and is not intended to limit State Street’s responsibility to perform in accordance with the Custodian Agreement, including its duty to act in accordance with Proper Instructions. In no event shall State Street be liable to the Fund or any other party pursuant to this Addendum for any special, indirect, punitive or consequential damages even if advised of the possibility of such damages. No action, regardless of form, arising out of the terms of this Addendum may be brought by the Fund more than two years after the Fund has knowledge that the cause of action has arisen.
Compliance with Xxxxxxxx-Xxxxx Act The Company will comply with all applicable securities and other laws, rules and regulations, including, without limitation, the Xxxxxxxx-Xxxxx Act, and use its best efforts to cause the Company’s directors and officers, in their capacities as such, to comply with such laws, rules and regulations, including, without limitation, the provisions of the Xxxxxxxx-Xxxxx Act.
Compliance with Xxxxxxxx-Xxxxx The Company and its subsidiaries and their respective officers and directors are in compliance in all material respects with the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act,” which term, as used herein, includes the rules and regulations of the Commission promulgated thereunder).
Successor Trustee by Xxxxxx, etc If the Trustee consolidates, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation, the successor corporation without any further act shall be the successor Trustee.
Indemnification for Failure to Comply with Diversification Requirements The Fund and the Adviser acknowledge that any failure (whether intentional or in good faith or otherwise) to comply with the diversification requirements specified in Article III, Section 3.3 of this Agreement may result in the Contracts not being treated as variable contracts for federal income tax purposes, which would have adverse tax consequences for Contract owners and could also adversely affect the Company's corporate tax liability. Accordingly, without in any way limiting the effect of Sections 8.2(a) and 8.3(a) hereof and without in any way limiting or restricting any other remedies available to the Company, the Fund, the Adviser and the Distributor will pay on a joint and several basis all costs associated with or arising out of any failure, or any anticipated or reasonably foreseeable failure, of the Fund or any Portfolio to comply with Section 3.3 of this Agreement, including all costs associated with correcting or responding to any such failure; such costs may include, but are not limited to, the costs involved in creating, organizing, and registering a new investment company as a funding medium for the Contracts and/or the costs of obtaining whatever regulatory authorizations are required to substitute shares of another investment company for those of the failed Fund or Portfolio (including but not limited to an order pursuant to Section 26(b) of the 1940 Act); fees and expenses of legal counsel and other advisors to the Company and any federal income taxes or tax penalties (or "toll charges" or exactments or amounts paid in settlement) incurred by the Company in connection with any such failure or anticipated or reasonably foreseeable failure. Such indemnification and reimbursement obligation shall be in addition to any other indemnification and reimbursement obligations of the Fund, the Adviser and/or the Distributor under this Agreement.
Certification of Limited Liability Company and Limited Partnership Interests Each interest in any limited liability company or limited partnership controlled by any Grantor and pledged hereunder shall be represented by a certificate, shall be a “security” within the meaning of Article 8 of the New York UCC and shall be governed by Article 8 of the New York UCC.

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