Treatment of Economic Development Agreements Following the Term Sample Clauses

Treatment of Economic Development Agreements Following the Term. (a) Upon the expiration or earlier termination of this Agreement for any reason: (i) LEM shall assign and transfer to Big Rivers all of LEM's rights, title and interest under, in and to any Pre-Closing Development Agreements that were previously assigned and transferred to LEM in accordance with Section 11.1 and that continue in effect as of that expiration or termination date (other than LEM's rights to payment thereunder for Power deliveries made prior to the assignment or transfer to Big Rivers, and other than damage claims of LEM arising thereunder prior to that assignment or transfer); (ii) any agreements between LEM and Big Rivers providing for LEM's sale of Power to Big Rivers for resale to Xxxxxxxxx under any Pre-Closing Development Agreement (as contemplated in Section 11.1) shall be terminated (other than LEM's rights to payment thereunder for Power deliveries already made to Big Rivers, and other than damage claims of LEM or Big Rivers arising thereunder prior to that termination); (iii) any agreements between LEM and Big Rivers providing for Big Rivers' sale of Power to LEM for resale to Xxxxxxxxx under any Pre-Closing Development Agreement (as contemplated in Section 11.1) shall be deemed to be terminated (other than Big River's rights to payment thereunder for Power deliveries already made to LEM, and other than damage claims of Big Rivers of LEM arising thereunder prior to that termination); and (iv) LEM shall be deemed to be fully released and discharged by Big Rivers and Xxxxxxxxx from further obligation or liability in connection with the agreements described in (i), (ii) and (iii), above, except as contemplated above, and except for breaches or defaults under those agreements on the part of LEM occurring prior to the assignment, transfer or termination, as applicable, of such agreements (which breaches or defaults on the part of LEM, and all liabilities arising therefrom, shall remain an obligation of LEM after such assignment, transfer or termination). Upon any assignment or transfer by LEM to Big Rivers of any Pre-Closing Development Agreements as contemplated above, Big Rivers shall be deemed to have assumed and undertaken all of LEM's obligations thereunder which arise or accrue following that assignment or transfer; provided, that in the event LEM shall have modified or amended in any material respect a Pre-Closing Development Agreement without the consent of Big Rivers, then in lieu of any obligation of Big Rivers to assume that ag...
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Related to Treatment of Economic Development Agreements Following the Term

  • Development Agreement That certain Development Agreement dated of even date herewith by and between the Company and Developer providing for the development of the Project on the Property, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. Development Fee. As described in Section 6.8.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or its Subsidiaries or further restricts the rights of the Borrower or its Subsidiaries or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect.

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

  • Term of Agreement Termination of Agreement Amendment of Agreement a. This Agreement is effective with respect to each Fund as of the date of execution of the applicable exhibit and shall continue in effect with respect to each Fund presently set forth on an exhibit and any subsequent Funds added pursuant to an exhibit during the initial term of this Agreement for one year from the date set forth above, and thereafter for successive periods of one year if such continuance is approved at least annually by the Trustees of the Trust including a majority of the members of the Board of Trustees of the Trust who are not interested persons of the Trust and have no direct or indirect financial interest in the operation of any Distribution Plan relating to the Trust or in any related documents to such Plan ("Disinterested Trustees") in the manner required by the Rules and Regulations. If a Fund is added after the first annual approval by the Trustees as described above, this Agreement will be effective as to that Fund upon execution of the applicable exhibit and will continue in effect until the next annual approval of this Agreement by the Trustees and thereafter for successive periods of one year, subject to approval as described above.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • Execution; No Inconsistent Agreements; Etc (a) The execution and delivery of this Agreement and the performance of the transactions contemplated hereby have been duly and validly authorized and approved by Buyer and this Agreement is a valid and binding agreement of Buyer, enforceable against Buyer in accordance with its terms, except as such enforcement may be limited by bankruptcy or similar laws affecting the enforcement of creditors' rights generally, and the availability of equitable remedies.

  • Termination of Management Agreement Evidence of the termination of any and all management agreements affecting the Property, effective as of the Closing Date, and duly executed by Seller and the property manager.

  • Amendments to Employment Agreement Effective as of the date hereof, the Employment Agreement shall be amended as provided in this Section 1.

  • The Management Agreement Borrower shall use commercially reasonable efforts to cause Manager to manage the Property in accordance with the Management Agreement. Borrower shall (a) diligently perform and observe all of the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (b) promptly notify Agent of any notice to Borrower or Manager of any default by Borrower in the performance or observance of any material terms, covenants or conditions of the Management Agreement on the part of Borrower to be performed and observed, and (c) promptly deliver to Agent a copy of all material notices received by it (including, without limitation, any notices relating to the Ground Lease, the Reciprocal Easement and any Joint Manager (as defined in the Reciprocal Easement Agreement) and, upon request by Agent, any other financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement (but excluding any immaterial general correspondence and internal discussion drafts of any such plans, reports or estimates); and (iv) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by Manager under the Management Agreement. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its obligations hereunder or under the Management Agreement, Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed.

  • Amendments to this Sub-Advisory Agreement This Sub-Advisory Agreement may be amended only by a written instrument approved in writing by all parties hereto.

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