UNIT REPLACEMENT WITHIN FIRST TWELVE MONTHS OF THE TERM Sample Clauses

UNIT REPLACEMENT WITHIN FIRST TWELVE MONTHS OF THE TERM. During the first Lease Year of the Term, if any HVAC Unit fails to function properly, Landlord will, at its sole cost and expense, replace the Unit if it is at the "end of its useful life." For purposes of this Section 7.2.3, an HVAC Unit shall be deemed to be at the "end of its useful life" (i) if the Unit is more than 15 years old, if its compressor and/or heat exchanger needs repair or replacement, as determined by Aircom, or (ii) if the Unit is fewer than 15 years old, if Aircom and Landlord reasonably determine that pursuant to custom and practice in Santa Clarx Xxxnty for similar Units on similar buildings, replacement of the Unit is preferable (considering utility and estimated cost and frequency of repair) to repair of the Unit. If Aircom, or Aircom and Landlord, as the case may be, determine that a Unit does not require replacement under the terms of this Section 7.2.3, promptly after the decision is made Landlord shall provide Tenant written notice of the decision, which notice shall contain the basis upon which the decision was made. If Air Systems, or any other HVAC contractor selected by Tenant, disagrees with the decision, Tenant shall notify Landlord in writing, stating the basis of the disagreement. If Landlord and Tenant cannot agree, within five days after Tenant notifies Landlord of Tenant's disagreement, on whether the Unit should be repaired or replaced, the, Aircom and Tenant's HVAC contractor promptly shall select a third licensed reputable HVAC contractor to determine whether the Unit shall be repaired or replaced. The decision of the third contractor shall be binding on both Landlord and tenant. If Aircom and Tenant's HVAC contractor cannot agree on a third contractor, then each of Aircom and Tenant's contractor shall write the name of a licensed, reputable HVAC contractor on a piece of paper. The two pieces of paper shall be folded and placed in a container. In the presence of a representative of both Landlord and Tenant, the Landlord's representative, without knowing which party has prepared each paper or which name is on each piece of paper, shall select one of the pieces of paper. The contractor named on the selected paper shall be the third contractor.
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Related to UNIT REPLACEMENT WITHIN FIRST TWELVE MONTHS OF THE TERM

  • Term Termination 8.1 This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein.

  • Agreement Termination This Agreement will be in effect for an indefinite period and may be terminated as to new reinsurance at any time by either party giving ninety (90) days written notice of termination. The day the notice is mailed to the other party's home office, or, if the mail is not used, the day it is delivered to the other party's home office or to an officer of the other party will be the first day of the ninety (90) day period. During the ninety (90) day period, this Agreement will continue to operate in accordance with its terms.

  • Termination After Change of Control In the event that, before the expiration of the TERM and in connection with or within one year of a CHANGE OF CONTROL (as defined hereinafter) of either one of the EMPLOYERS, the employment of the EMPLOYEE is terminated for any reason other than JUST CAUSE or is terminated by the EMPLOYEE as provided in Section 4(a)(ii) above, then the following shall occur:

  • Termination Apart from Change of Control In the event the Employee’s employment is terminated for any reason, either prior to the occurrence of a Change of Control or after the twelve (12) month period following a Change of Control, then the Employee shall be entitled to receive severance and any other benefits only as may then be established under the Company’s (or any subsidiary’s) then existing severance and benefits plans or pursuant to other written agreements with the Company.

  • Integration; Termination This Agreement, together with the other Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and thereof and supersedes all prior agreements, written or oral, on such subject matter. In the event of any conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control; provided that the inclusion of supplemental rights or remedies in favor of the Agents or the Lenders in any other Loan Document shall not be deemed a conflict with this Agreement. Each Loan Document was drafted with the joint participation of the respective parties thereto and shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning thereof.

  • Termination in Connection with Change of Control If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason within sixty (60) days prior to or twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

  • Termination After a Change in Control You will receive Severance Benefits under this Agreement if, during the Term of this Agreement and after a Change in Control has occurred, your employment is terminated by the Company without Cause (other than on account of your Disability or death) or you resign for Good Reason.

  • Termination Following a Change of Control If the Employee's employment terminates at any time within eighteen (18) months following a Change of Control, then, subject to Section 5, the Employee shall be entitled to receive the following severance benefits:

  • Termination in Connection with Change in Control a. This Agreement terminates if it is not assumed by the successor corporation (or affiliate thereto) upon a Change in Control (as defined below).

  • Termination Following a Change in Control (a) In the event of the occurrence of a Change in Control, the Executive's employment may be terminated by the Company or a Subsidiary during the Severance Period and the Executive shall be entitled to the benefits provided by Section 4 unless such termination is the result of the occurrence of one or more of the following events:

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