DEMISE AND TERM Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, upon and subject to the terms and conditions of this Sublease, those certain premises comprising approximately 53,464 rentable square, as substantially shown (by diagonal lines or shading) on the floor plans attached hereto as Exhibit “A” (the “Subleased Premises”), in the building (the “Building”) known as 20 Xxxxxxxxxx Xxxx, Xxxxxxxxxxxx, Xxxxxxxx, being all of the premises that were leased to Sublandlord by ARE-20/22/1300 Firstfield Quince Orchard, LLC, a Delaware limited liability company (“Main Landlord”) under the Main Lease (as hereinafter defined), together with the Common Areas (as defined in the Main Lease), as modified from time to time by Main Landlord. The term (“Sublease Term”) of this Sublease shall commence on January 1, 2012 (the “Commencement Date”), and shall expire at 11:59 p.m. on March 31, 2013 (the “Expiration Date”), unless sooner terminated as herein provided. If either party hereto shall so request, the parties hereto shall execute and deliver to each other an instrument confirming the Commencement Date, but the failure of either party to execute and deliver such an instrument shall not affect the occurrence of the Commencement Date. Notwithstanding that the Commencement Date may not have yet occurred, from and after the date hereof until the Commencement Date, upon reasonable prior notice to Sublandlord, Sublandlord shall permit Subtenant or any person or entity lawfully acting by or through Subtenant to access the Subleased Premises solely for (a) Subtenant’s architect, engineer and other consultants to measure and inspect the Subleased Premises and (b) Subtenant to inspect and review those certain assets, as more fully described in Exhibit “B” attached hereto (“Purchased Assets”) that Subtenant is purchasing from Sublandlord pursuant to the Equipment Sale Agreement, dated as of the date hereof, between Sublandlord and Subtenant (“Sale Agreement”). Such access and use shall be subject to all the provisions of this Sublease as if the Commencement Date had otherwise commenced or occurred; provided, however, Subtenant shall not be obligated to pay Rent with respect to any period prior to the actual Commencement Date. If Subtenant or such person or entity should enjoy such early access of the Subleased Premises, the Sublease shall be deemed to have so commenced solely for the purpose of causing Subtenant’s covenants, obligations, indemnities, and other agreements under this Sublease during the Sublease Term to be effective and binding upon Subtenant during such early access (such as, but not limited to, Subtenant being obligated to obtain all insurance required of it under this Sublease). Said early access and use shall not advance the Commencement Date or advance or extend the Expiration Date. If Sublandlord does not deliver the Subleased Premises to Subtenant within 15 days of the Commencement Date due solely to the actions of Sublandlord, then the first period of rent abatement described in Section 2 below shall be extended by one day for every day that the Subleased Premises have not been delivered after the Commencement Date, and Subtenant shall have no obligation to pay any Additional Rent until the Subleased Premises have been delivered by Sublandlord.
Effective Date and Term of Agreement This Agreement is effective and binding on the Company and Employee as of the date hereof; provided, however, that, subject to Section 2(d), the provisions of Sections 3 and 4 shall become operative only upon the Change in Control Date.
Term of Agreement This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.
Term of Agreement and Termination 2.1. This Agreement enters into effect at the time of acceptance of this Agreement.
Number and Term of Office The authorized number of directors of the corporation shall be fixed in accordance with the Certificate of Incorporation. Directors need not be stockholders unless so required by the Certificate of Incorporation. If for any cause, the directors shall not have been elected at an annual meeting, they may be elected as soon thereafter as convenient at a special meeting of the stockholders called for that purpose in the manner provided in these Bylaws.
Purpose and Term The purpose to be conducted or promoted by the Company is to engage solely in the following activities:
Election and Term of Office The officers of the Company shall be elected annually by the Board of Managers at the first meeting of the Board of Managers held after the annual meeting of Members. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as convenient. Vacancies may be filled or new offices created and filled at any meeting of the Board of Managers. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he shall resign or shall have been removed in the manner hereinafter provided.
Premises and Term The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises.
Acceptance and Term The Company agrees to employ Employee, and Employee agrees to serve the Company, on the terms and conditions set forth herein. The Term of this Agreement shall commence on the Effective Date and continue thereafter until terminated in accordance with, and subject to the provisions of, Section 8 hereof.
