Uneconomic Sample Clauses

Uneconomic. 20.1 Processor may cease processing and terminate this Agreement and thereby be discharged of any and all liability hereunder, less and except the payment of monies theretofore accrued and not yet paid to Producer, upon sixty (60) days written notice to Producer after, in Processor’s sole reasonable opinion, processing of Producer’s Gas and other third party Gas at the Processor Plant becomes uneconomic, or if any other cause beyond Processor’s control will render the operation of the Processor Plant uneconomic, in Processor’s sole opinion, for a period of not less six (6) consecutive Months. As used herein, the term “uneconomic” shall mean that Processor Plant operating expenses exceed Processor Plant processing revenues and that projected expenses over the next ensuing six (6) Months are reasonably expected to exceed projected revenues. Processor shall provide written documentation of the respective six (6) Months’ actual and projected revenue shortfall at the time it provides the aforementioned sixty (60) day written notice to Producer. 20.2 In the event that Processor has shut down the Processor Plant and (i) the Processor Plant remains shut down for six (6) consecutive Months and (ii) the reserves are not depleted from the Dedicated Properties, at no cost, Processor shall, if requested by Producer, transfer its title to Producer for the four inch (4”) pipeline lateral shown on Exhibit E and all easements associated therewith in the North and South Winchester Field areas constructed pursuant to that certain Gas Processing Agreement by and between Enbridge Processing (Mississippi) L.L.C. and Petrohawk Energy Corp., as amended (“Winchester Gathering Line”); provided that, from the time that Processor shuts down the Processor Plant and the time when Processor transfers its title to the Winchester Gathering Line, Producer will have the right to utilize the Winchester Gathering Line; provided that Producer shall only be charged Processor’s actual expenses associated with the Winchester Gathering Line during this interim period. Producer may request and Processor agrees to use good faith efforts to provide gathering service on Processor’s other gathering lines provided that the Parties mutually agree upon gathering terms and fees for such service.
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Uneconomic. Any fact, circumstance, or event shall render the Premises "UNECONOMIC" if it does or would, in Tenant's reasonable judgment, with Leasehold Mortgagee's Consent: (1) materially diminish the value or utility of the Premises; (2) prevent all or a substantial part of the Premises from being used for its previously intended purpose; (3) materially impairs any material service(s) necessary or appropriate for economic operation of the Premises; (4) cause all or part of the Premises not to comply with any operating requirements under any license or franchise held by Tenant; (5) prevent Tenant from reasonably operating the Premises for retail and office uses, whether in a manner substantially consistent with past practice or on a scale that is smaller but nevertheless profitable (after taking into account the payment of all expenses) and reasonably feasible; or (6) cause Tenant's operation of all or part of the Premises to be impracticable or commercially unreasonable. VEHICULAR/PEDESTRIAN PASSAGEWAY. The "VEHICULAR/PEDESTRIAN PASSAGEWAY" shall mean all of Landlord's right, title and interest in, to, and under the area located above Concourse Area A and Concourse Area B on the Site Plan attached as EXHIBIT E running between 33rd Street and 31st Street identified as "taxi drive" thereon.
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Uneconomic effective May 1, 2009 (“Renegotiation Effective Date”) Eagle Rock proposes to 1) delete Exhibit “A” & Exhibit “C” therefrom and replace with the new Exhibit “A-1” & Exhibit “C-1” attached hereto (any reference in the Agreement to Exhibit “A” & Exhibit “C” would include Exhibit “A-1” & Exhibit “C-1”), and 2) delete Section 2.1 of the Agreement and replace with the following, respectively:
Sample 1
Uneconomic. If at any time during the term of this Agreement BUYER’s purchasing of SELLER’s Gas from any Central Receipt Point becomes uneconomic, as determined in the sole discretion and judgment of BUYER, BUYER may (i) suspend receipt of Gas at that Central Receipt Point, (ii) terminate this Agreement or (iii) modify Exhibit “B” to remove that Central Receipt Point. BUYER must give SELLER thirty (30) Days written notice that BUYER has determined purchasing of the Gas made available by SELLER at the Central Receipt Point has become uneconomic and must advise SELLER of what action BUYER will take. Removal of a Central Receipt Point constitutes a release of dedication of the then existing Well(s) behind that Central Receipt Point.
Sample 1
Uneconomic. At any time during the term of this Agreement, in the event purchasing of SELLER’s Gas from any Receipt Point becomes uneconomic, as determined in the sole discretion and judgment of BUYER, BUYER may (i) suspend receipt of Gas at that Receipt Point, (ii) terminate this Agreement or (iii) modify Exhibit “B” attached hereto to remove that Receipt Point. In such event, BUYER shall give SELLER thirty (30) days written notice that purchasing of Gas made available by SELLER from a Receipt Point has become economically unfeasible and what action BUYER shall take. Removal of a Receipt Point constitutes a release of Dedication of the Well(s) behind that Receipt Point.
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Uneconomic. For the purpose of clause 16.2(b), the maintenance of a Line is "Uneconomic" if the Avoidable Costs reasonably attributable to the requirement to maintain the Line required by clause 15 for a three year period exceed all the additional revenue reasonably expected to be derived (directly or indirectly) by the Network Lessee and its Related Entities from the use of the Line including Access Revenue and revenue derived by a Related Entity of the Network Lessee from the carriage of goods.
Sample 1
Uneconomic. At any time during the term of this Agreement, in the event purchasing of SELLER’s Gas from any Receipt Point becomes uneconomic, as determined in the sole discretion and judgment of BUYER, BUYER may terminate this Agreement in its entirety with at least thirty (30) days prior written notice to SELLER.
Sample 1
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Related to Uneconomic

  • Repair (a) Tenant, at its sole cost and expense, shall take good care of the Premises, including all building equipment and systems located therein and serving the Premises. Tenant shall make all repairs, interior or exterior, structural or otherwise, as and when needed, to preserve the Premises, the need for which repair arises out of (i) the performance or existence of any Alteration to the Premises made by Tenant, (ii) the installation or operation of Tenant's property or fixtures, and the movement of same in or about the Premises or the Building, (iii) the acts, failures to act or negligence of Tenant or Tenant's servants, employees, contractors, agents, visitors or licensees, or (iv) the use, of the Premises by Tenant or Tenant's servants, employees, contractors, agents, visitors or licensees. Landlord shall not be liable for and, except as provided in Paragraph 20, there shall be no abatement of Rent with respect to any injury to or interference with Tenant's business arising from any repairs, maintenance, alteration or interruption of services in or to any portion of the Office Park or Building, including the Premises, or to the fixtures, appurtenances and equipment therein. (b) All repairs and replacements made by or on behalf of Tenant shall be made and performed in a workmanlike manner (i) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (ii) by contractors approved by Landlord, (iii) such work shall be at least equal in quality, value, and utility to the original work or installation, and (iv) in accordance with the Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises. If Tenant shall fail after 10 days' notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make the repairs at the expense of Tenant and the expenses thereof incurred by Landlord shall be reimbursed immediately as Additional Rent after submission of a xxxx or statement there for.

  • Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.

  • PREMISES DEEMED UNINHABITABLE If the Premises is deemed uninhabitable due to damage beyond reasonable repair the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord.

  • Lease of Equipment Lessor leases to Lessee, and Lessee leases from Lessor, all the property described in the Lease Schedules which are signed from time to time by Lessor and Lessee.

  • Leased Property Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord's right, title and interest in and to all of the following (collectively, the "Leased Property"): (a) the land that is more particularly described in Exhibit C, attached hereto and made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Retirement Community, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and off-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property, now or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which, to the maximum extent permitted by law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all modifications, replacements, alterations and additions to such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); and (f) all of the Leased Intangible Property.

  • The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below, and that the square footage of the Premises shall be as set forth in Section 2.1 of the Summary of Basic Lease Information. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Xxxxxx’s business, except as specifically set forth in this Lease and the Tenant Work Letter. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, in compliance with all laws, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises in good operating condition and repair on or before the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. Landlord will be responsible for causing the exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements.

  • Repairs 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition. 10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (e.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, OSHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or noncompliance existed at the time Tenant took occupancy of the Premises, in which case Landlord shall be responsible for the repairs, additions or alterations as required. 10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in their present condition at the date of execution of this Lease. Anything contained herein to the contrary notwithstanding, the Premises at 0000 Xxxxxxxxx Xxxxx shall be in good order and repair upon the date occupancy is delivered to Tenant. Tenant will inspect the Premises at 0000 Xxxxxxxxx Xxxxx prior to occupancy to assure that the facilities and equipment are in good condition and Landlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, reasonable wear and tear excepted.

  • Lease The Lease Agreement (Federal Express Corporation Trust No. N620FE) dated as of June 15, 1998, entered into by the Lessor and the Lessee concurrently with the execution and delivery of the Indenture, including, without limitation, supplementation by one or more Lease Supplements entered into pursuant to the applicable provisions of the Lease.

  • Demised Premises 2.01. Landlord leases to Tenant and Tenant leases from Landlord certain office space (hereinafter called the "Demised Premises") in a nine-story office building currently being renovated (the "Building") situated on certain land more particularly described by metes and bounds in Exhibit A attached hereto (the "Land") leased by Landlord at 0000 Xxx Xxxxx Xxxx in Raleigh, North Carolina. The Demised Premises consists of the square feet of rentable area in the Building disclosed on Schedule I attached to this Lease and made a part hereof (hereinafter called "Schedule I"), all of said space being shown on Exhibit B attached hereto. All calculations of the rentable area of the Demised Premises and the Building shall be made in accordance with the BOMA Standard of Measuring Floor Area of Office Buildings (reprinted in August, 1990). Rentable square feet for any tenant space which constitutes all of the available office space on any floor in the Building shall be as set forth in Exhibit X-x attached hereto. Landlord, at its expense, shall provide Tenant with the Base Building items set forth on Exhibit C-l 2.02. The Demised Premises consist of the unfinished interior office space in the Building. Landlord, at its expense, shall provide Tenant with the "Base Building" items set forth on Exhibit C-l. Landlord, at Tenant's cost, shall also install the items and perform the work (collectively "upfitting") specified in the plans and upfitting requirements set forth in Exhibit C; however, Landlord shall provide Tenant with an upfitting allowance to subsidize Tenant's upfitting cost as specified in Schedule I. All work shall be performed in accordance with the provisions of Article XVI 2.03. Prior to occupancy of the Demised Premises by the Tenant, Landlord and Tenant shall enter into a supplement of this Lease in the forth attached hereto as Exhibit D setting forth the exact measurements of the Demised Premises calculated as provided hereinabove, the Commencement Date and Expiration Date of the term of this Lease as provided in Article IV and the exact amount of the Annual Minimum Rent (hereinafter defined) and monthly installments of minimum rent required in accordance with Article V herein, with such terms, conditions and provisions being consistent with the terms set forth in this Lease as of the date hereof. 2.04. Exhibits A, B, X-x, C, X-x and D and Schedule I mentioned above and Exhibit E mentioned hereafter are attached hereto and incorporated herein by this reference.

  • Occupancy After Foreclosure Any sale of the Mortgaged Property or any part thereof will divest all right, title and interest of Mortgagor in and to the property sold. Subject to applicable law, any purchaser at a foreclosure sale will receive immediate possession of the property purchased. If Mortgagor retains possession of such property or any part thereof subsequent to such sale, Mortgagor will be considered a tenant at sufferance of the purchaser, and will, if Mortgagor remains in possession after demand to remove, be subject to eviction and removal, forcible or otherwise, with or without process of law.

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