Voyage Course and Speed Sample Clauses

Voyage Course and Speed. Carrier does not guarantee any particular speed during any voyage and does not warrant delivery of the Cargo at any particular date or time or to meet any particular market or time for any particular use. However, due to the critical nature of the Cargo, Carrier warrants that it shall prosecute voyages with reasonable dispatch, shall proceed safely to designated ports of loading and discharge and shall, in any event, take whatever steps may be necessary, consistent with prudent seamanship, to make prompt and scheduled delivery of the Cargo. Carrier shall have the sole discretion to determine the speed and course which is prudent, and is to consider factors including, but not limited to, sea and weather conditions, Vessel capacities and capabilities, crew safety, other vessel traffic, port conditions and environmental safety. The Barge may not be navigated within five (5) miles of a xxx shore or three (3) miles from any shore except in approaching or departing a harbor or when safety and prudent seamanship require passage between islands or operating closer to shore.
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  • Plans and Specifications Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “plans”) necessary for Tenant to construct the Premises for Tenant’s occupancy, which plans shall be subject to approval by Landlord’s architect and engineers and shall comply with their reasonable requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Tenant’s plans for any purpose whatsoever other than that Landlord does not object thereto under this Lease. Landlord’s architects and engineers shall respond (with approval or disapproval) to any plan submission by Tenant within 8 business days after Landlord’s receipt thereof. If Landlord fails to respond to any such submission within such 8 business day period, which failure continues for more than 2 business days after Tenant gives Landlord a written notice (the “Deemed Approved Notice”) advising Landlord that such plan submission shall be deemed approved within 2 business days of Landlord’s receipt of the Deemed Approved Notice, then such plan submission shall be deemed approved hereunder. The Deemed Approved Notice shall, in order to be effective, contain on the first page thereof, in a font at least twice as large as the font of any other text contained in such notice, a legend substantially as follows: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE LANDLORD’S APPROVAL OF SUBMITTED PLANS.” In the event Landlord’s architect’s or engineers’ approval of Tenant’s plans is withheld or conditioned, Landlord shall send prompt written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall promptly have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord. Landlord’s architects and engineers shall respond (with approval or disapproval) to any plan re-submission by Tenant within 8 business days after Landlord’s receipt thereof. Such process shall be followed until the plans shall have been approved by Landlord’s architect and engineers without unreasonable objection or condition. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Tenant agrees it shall be solely responsible for the timely preparation and submission of all such plans and for all elements of the design of such plans and for all costs related thereto. (The word “architect” as used in this Section 3.2 shall include an interior designer or space planner.) Tenant shall reimburse Landlord Landlord’s reasonable out-of-pocket expense incurred in connection with the review of Tenant’s plans.

  • ARTISTES AND SPORTSMEN 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsman in his capacity as such accrues not to the entertainer or sportsman himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsman are exercised.

  • Tenant Improvements Landlord shall cause the Core and Shell Contractor or another Contractor designated by Landlord and approved by Tenant, such consent not to be unreasonably withheld or delayed (“TI Contractor”, and together with Core and Shell Contractor, “Contractor”) to commence and thereafter diligently prosecute the construction of the tenant improvements in the Premises pursuant to the Work Letter (the “Tenant Improvements”); provided, however, that before performing the Tenant Improvements, Landlord shall prepare in good faith an estimated budget for the construction of the Tenant Improvements and deliver such budget to Tenant for Tenant’s written approval prior the start of construction (the “Budget”). Landlord and Tenant shall work together cooperatively and in good faith to achieve a mutually acceptable Budget. Landlord shall update the Budget for Tenant’s review and approval at reasonable intervals and shall notify Tenant in writing if the Budget is likely to be exceeded. If there is an indication that the Budget is likely to be exceeded, Landlord and Tenant shall work together cooperatively, if required by Tenant, to modify the scope of the Tenant Improvements to bring the same in line with a budget reasonably acceptable to Tenant. The Tenant Improvements shall be performed in a workmanlike manner and shall substantially conform with Applicable Laws and the Approved TI Plans (as defined in the Work Letter). Tenant shall pay all TI Costs, except that Landlord shall pay for TI Costs that do not exceed the TI Allowance. The “TI Allowance” shall mean (a) One Hundred Twenty Five Dollars ($125.00) per rentable square foot of the Premises (the “Initial TI Allowance”), together with (b) the Additional Allowance. The “TI Costs” shall mean all Tenant Core and Shell Costs (as defined in the Work Letter) and all costs and expenses of performing the TI Work, including without limitation the hard and soft costs of (i) construction, (ii) the Construction Management Fee (as such term is defined in the Work Letter) and any Project or construction management fees paid by Tenant to an unaffiliated third party (such fees not to exceed three percent (3%) of the TI Allowance), (iii) space planning, design, architect, engineering, data and phone cabling and other related services, (iv) costs and expenses for labor, material, equipment, data and phone cabling and fixtures (including, without limitation, any of the Attached Property (as defined in Section 18.5), (v) building permits and other taxes, fees, charges and levies by governmental and quasi-governmental agencies for permits or for inspections of the Tenant Improvements, and (vi) the Warm Shell Costs. In no event shall the TI Allowance be used for: (w) the purchase of any furniture, personal property or other non-building system equipment, (x) costs resulting from a Tenant Delay, (y) costs resulting from any default by Tenant of its obligations under this Lease, or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). In the event the estimated total TI Costs (as set forth in the Budget) exceed the TI Allowance, Tenant shall deposit with Landlord such overage (the “TI Allowance Excess”), within five (5) business days of receiving the Budget (the “TI Deposit”). In the event Landlord determines the estimate of the TI Costs set forth in the Budget underestimates the amount of TI Costs so that the TI Deposit will not be sufficient to cover the TI Allowance Excess, then Landlord shall communicate the same to Tenant and, if required by Tenant, the parties shall discuss revisions to the Budget and Tenant may make a TI Tenant Change Order Request to reduce TI Costs, and unless the TI Costs are reduced to be within the Budget and previously paid TI Deposit, Tenant shall promptly pay the additional amount to Landlord, and such additional amount shall be added to the TI Deposit. If the sum of the TI Allowance plus the TI Deposit is not sufficient to cover the TI Costs, Tenant shall reimburse Landlord the difference between (a) the TI Costs and (b) the sum of the TI Allowance and the TI Deposit. However, Landlord shall be solely responsible for any costs related to the Tenant Improvements to the extent the same result from Landlord’s gross negligence, intentional misconduct or breach of Lease. Landlord and Tenant shall work together cooperatively at no cost or risk to Landlord to maximize Tenant’s ability, to the extent reasonably possible, to obtain the benefit of any applicable research and development tax credits with respect to the Tenant Improvements.

  • Construction Work The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

  • Operating Lease (i) Each Borrower shall (a) promptly perform and observe all of the covenants required to be performed and observed by it under the Operating Leases and do all things necessary to preserve and to keep unimpaired its material rights thereunder; (b) promptly notify Lender of any material default under any Operating Lease of which it is aware; (c) promptly deliver to Lender a copy of any notice of default or other material notice under any Operating Lease delivered to any Operating Lessee by Borrower; (d) promptly give notice to Lender of any notice or information that Borrower receives which indicates that an Operating Lessee is terminating its Operating Lease or that any Operating Lessee is otherwise discontinuing its operation of the applicable Individual Property; and (e) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by the Operating Lessee under the applicable Operating Lease. (ii) If at any time, (A) an Operating Lessee shall become insolvent or a debtor in a bankruptcy proceeding or (B) Lender or its designee has taken title to an Individual Property by foreclosure or deed in lieu of foreclosure, has become a mortgagee-in-possession, has appointed a receiver with respect to the applicable Individual Property or has otherwise taken title to such Individual Property, Lender shall have the absolute right to (and Borrower and Operating Lessee shall reasonably cooperate and not in any way hinder, delay or otherwise interfere with Lender’s right to), immediately terminate the applicable Operating Lease under and in accordance with the terms of the applicable Subordination, Attornment and Security Agreement. (iii) Borrower shall not, without the prior written consent of Lender, which consent shall not be unreasonably withheld: (a) surrender, terminate or cancel any Operating Lease or otherwise replace any Operating Lessee or enter into any other operating lease with respect to any Individual Property, provided, however, at the end of the term of each Operating Lease, the applicable Borrower may renew such Operating Lease or enter into a replacement Operating Lease with Operating Lessee on substantially the same terms as the expiring Operating Lease except that Lender shall have the right to approve any material change thereto; (b) reduce or consent to the reduction of the term of any Operating Lease; or (c) enter into, renew, amend, modify, waive any provisions of, reduce Rents under, or shorten the term of any Operating Lease.

  • COURSE TITLE GE COURSE TITLE CHEM 115H Intro Gen Chem: Allied H (Hon) transfers as GE CHEM 101 Chemistry and Society CHEM 116 Intro Org & Bio Chem: AH Maj transfers as GE GE Natural Sciences CHEM 150 Gen Chem I: Science Majors transfers as GE CHEM 151 General Chemistry I CHEM 150H Gen Chem I: Science Maj (Hon) transfers as GE CHEM 151 General Chemistry I CHEM 151 Gen Chem II: Science Majors transfers as CHEM 152 General Chemistry II CHEM 151H Gen Chem II: Science Maj (Hon) transfers as CHEM 152 General Chemistry II CHEM 210 Organic Chem I transfers as CHEM 251 CHEM 261 Organic Chemistry: Theory I Organic Chemistry - Lab CHEM 211 Organic Chem II transfers as CHEM 252 CHEM 262 Organic Chemistry: Theory II Organic Chemistry - Lab CHLD 113 Child & Adol Growth & Dev transfers as GE PSYC 345 Psyc of Child & Adolescent Dev CHLD 121 Human Development transfers as GE PSYC 290 Human Growth and Development CHNS 101 Elementary Chinese (First Sem) transfers as XX XXXX 101 Elementary Chinese I CHNS 102 Elementary Chinese (Second Sem transfers as XX XXXX 102 Elementary Chinese II CIS 100 Computer Applications transfers as BUSI 240 Intro to Info Sys & Busi App CIS 101 Fund Comp Info Systems transfers as BUSI 240 Intro to Info Sys & Busi App COMM 101 Public Speaking transfers as GE COMM 111 Public Communication COMM 220 Intro to Mass Communication transfers as COMM 200 Intro to Mass Communication COUN 110 Coll Success Skills transfers as GE GE 100 First-Year Seminar CS 112 Intro to Comp Science II: Java transfers as CS 125 ENGR 125 Intro to Computer Science II Intro to Computer Science II CSIT 120 Fundamentals of Computer Infor transfers as BUSI 240 Intro to Info Sys & Busi App DRAM 105 Intro to Theatre transfers as GE THTR 115 Introduction to Theater DRAM 130 Acting I transfers as THTR 113 Acting Fundamentals ECON 101 Princ of Economics: Macro transfers as GE ECON 250 Principles of Macroeconomics ECON 102 Princ of Economics: Micro transfers as ECON 251 Principles of Microeconomics ENGL 100 Composition and Reading transfers as GE WRIT 110 Writing 1 ENGL 201 Crit Think/Comp/Lit transfers as GE ENGL 111 Studies in Literature FILM 110 Film History transfers as GE CINE 285 History of Film FREN 101 Elementary French (First Sem) transfers as GE FREN 101 Elementary French I FREN 102 Elementary French (Second Sem) transfers as GE FREN 102 Elementary French II FREN 201 Intermediate French (Third Sem transfers as FREN 201 Intermediate French I FREN 202 Intermediate French (Fourth Se transfers as FREN 202 Intermediate French II GEOG 101 GEOG 101L Physical Geography Physical Geography Lab transfers as GE GE GE Natural Sciences GE Natural Sciences Laboratory GEOG 104 World Geography transfers as HIST 210 World Geography GEOL 101 GEOL 101L General Geology General Geology Lab transfers as GE PHYC 130 Earth Science XXXX 101 Intro to Aging transfers as PSYC 355 Psych of Adult Development GRMN 101 Elementary German (First Sem) transfers as GE GERM 101 Elementary German I GRMN 102 Elementary German (Second Sem) transfers as GE GERM 102 Elementary German II GRMN 201 Intermediate German (Third Sem transfers as GERM 201 Intermediate German I GRMN 202 Intermediate German transfers as GERM 202 Intermediate German II HEAL 100 Nutrition Today transfers as UNRS 120 Fund. of Human Nutrition HEAL 101 Principles of Health transfers as GE PE 240 Health Education HEAL 101L Physical Fitness transfers as GE GE Fitness for Life HIST 100 World Hist to 1500 transfers as GE HIST 120 World Civilizations to 1648 HIST 101 World History since 1500 transfers as GE HIST 121 World Civilizations Since 1648 HIST 102 World History transfers as GE HIST 121 World Civilizations Since 1648 HIST 103 Western Civilization transfers as GE HIST 120 World Civilizations to 1648 HIST 104 Western Civilization transfers as GE HIST 121 World Civilizations Since 1648 HIST 108 History of Africa transfers as GE GE Humanities: History HIST 110 United States History to 1877 transfers as GE HIST 151 US History to 1877 HIST 111 United States Hist Since 1877 transfers as GE HIST 152 US History Since 1877 HIST 116 History of the Americas transfers as GE GE Humanities: History HIST 117 History of the Americas transfers as GE GE Humanities: History HIST 145 African-American transfers as GE GE Humanities: History HIST 146 African-American transfers as GE GE Humanities: History HUMN 101 Intro to the Arts transfers as GE GE Humanities: Fine Arts HUMN 201 Humanities of the West: Pre-Hi transfers as GE GE Humanities: History HUMN 202 Humanities of the West: Renais transfers as GE GE Humanities: History HUMN 205 Women in West Art and Lit transfers as GE GE Intercultural Competence HUMN 250 American Studies transfers as GE GE Humanities: History HUMN 251 American Studies transfers as GE GE Humanities: History ITAL 101 Elementary Italian (First Sem) transfers as GE GE Foreign Language 1st Qtr ITAL 102 Elementary Italian (Second Sem transfers as GE GE Foreign Language 2nd Qtr JAPN 101 Elem Japanese (First Sem) transfers as GE JAPA 101 Elementary Japanese I JAPN 102 Elem Japanese (Second Sem) transfers as GE JAPA 102 Elementary Japanese II JAPN 201 Intermediate Japanese (Third S transfers as GE GE Foreign Language 3rd Qtr JAPN 202 Intermediate Japanese (Fourth transfers as GE GE Foreign Language 4th Qtr KINE 101L Physical Fitness transfers as GE GE Fitness for Life KINE 111 Cardio Conditioning transfers as GE GE Fitness for Life KINE 112 Cardiorespiratory Stabilizatio transfers as GE GE Fitness for Life KINE 114 Cardiorespiratory Power Traini transfers as GE GE Fitness for Life KINE 117 Basketball Competition transfers as GE GE Fitness for Life KINE 118 Basketball Techniques transfers as GE GE Fitness for Life KINE 120 Golf, Beginning transfers as PE 102 Leisure Time Prep: Golf KINE 121 Golf, Intermediate transfers as PE 102 Leisure Time Prep: Golf KINE 136 Tennis, Beginning transfers as PE 104 Leisure Time Prep: Tennis KINE 137 Tennis, Intermediate transfers as PE 104 Leisure Time Prep: Tennis KINE 142 Weight Training transfers as GE FFL 116 Fit for Life: Weight Training KINE 150 Beginning Yoga transfers as GE GE Fitness for Life KINE 154 Intermediate Yoga transfers as GE GE Fitness for Life KINE 155 Advanced Yoga transfers as GE GE Fitness for Life KINE 171 Intercollegiate Basketball M/W transfers as GE GE Fitness for Life KINE 188 Intercollegiate Soccer M/W transfers as GE GE Fitness for Life KINE 236 Tennis, Advanced transfers as GE GE Fitness for Life LIT 120 Intro to Literature transfers as GE ENGL 111 Studies in Literature LIT 250 American Lit: First Contact Th transfers as GE GE Humanities: Literature LIT 251 American Lit: Mid-1800s to transfers as GE GE Humanities: Literature LIT 260 English Lit transfers as GE ENGL 222 English Literature to 1789 LIT 261 English Lit transfers as GE ENGL 232 English Literature Since 1789 LIT 270 World Literature to 1600 transfers as GE GE Humanities: Literature LIT 271 World Literature Since 1600 transfers as GE GE Humanities: Literature MATH 103 Statistics transfers as GE MATH 130 Introduction to Statistics MATH 105 Concepts & Structures of Elem transfers as MATH 201 Math Concepts for Elem Teacher MATH 115 Calculus W/Applications transfers as MATH 151 Applied Calculus I MATH 125 College Algebra transfers as GE MATH 110 College Algebra MATH 130 Trigonometry transfers as GE GE Quantitative Literacy MATH 135 Pre-Calculus Math transfers as MATH 150 Precalculus MATH 150 Calculus & Analytic Geo I transfers as MATH 165 Calculus I MATH 155 Calculus & Analytic Xxx XX transfers as MATH 166 MATH 167 Calculus II Sequences and Series MATH 226 Discrete Math transfers as MATH 280 Discrete Mathematics and Proof MATH 260 Calculus & Analytic Geo III transfers as MATH 268 MATH 269 Multivariable Calculus Vector Calculus MATH 265 Differential Equations transfers as GE GE Quantitative Literacy MATH 270 Linear Algebra transfers as GE GE Quantitative Literacy MUS 101 Music Theory I transfers as GE MUS 121 Music Theory I MUS 102 Theory II transfers as MUS 122 Music Theory II MUS 103 Musicianship transfers as MUS 133 Practical Musicianship I MUS 104 Inter. Musicianship transfers as MUS 134 Practical Musicianship II MUS 105 Music Fundamentals transfers as GE MUS 120 Music Fundamentals MUS 115 Intro to Music History transfers as GE GE Humanities: Fine Arts MUS 116 A Survey of World Music transfers as GE MUS 201 Introduction to World Music MUS 117 Music Appreciation transfers as GE GE Humanities: Fine Arts MUS 118 Music Appreciation transfers as GE GE Humanities: Fine Arts MUS 120 Beg Keyboard/Piano transfers as MUS 103 Beginning Piano Class MUS 121 Beg Keyboard/Piano II transfers as MUS 104 Elementary Piano Class MUS 130 Beginning Guitar transfers as MUS 110 Elementary Guitar Methods MUS 201 Adv Theory transfers as MUS 221 Music Theory III MUS 203 Adv Musicianship transfers as MUS 217 Practical Musicianship III MUS 220 Intermediate Keyboard/Piano I transfers as MUS 105 Intermediate Piano Class MUS 221 Interm Keyboard/Piano II transfers as MUS 106 Advanced - Intermediate Piano NUTR 100 Nutrition Today transfers as UNRS 120 Fund. of Human Nutrition OCEA 101 OCEA 101L Intro Oceanography Intro to Oceanography Lab transfers as GE GE GE Natural Sciences GE Natural Sciences Laboratory XXXX 101 Intro to Philosophy: Knowledge transfers as GE PHIL 100 Introduction to Philosophy PHSE 101L Physical Fitness transfers as GE GE Fitness for Life PHSE 111 Aerobics/Conditioning transfers as GE FFL 117 FFL: Cardio Strength Fusion PHSE 118 Basketball Techniques transfers as GE FFL 110 Fitness for Life:Basketball PHSE 120 Golf, Beg transfers as PE 102 Leisure Time Prep: Golf PHSE 121 Golf, Intermediate transfers as PE 102 Leisure Time Prep: Golf PHSE 136 Tennis, Beg transfers as PE 104 Leisure Time Prep: Tennis PHSE 137 Tennis, Intermediate transfers as PE 104 Leisure Time Prep: Tennis PHSE 140 Volleyball transfers as PE 103 Leisure Time Prep: Volleyball PHSE 141 Volleyball, Intermediate transfers as PE 103 Leisure Time Prep: Volleyball PHSE 142 Weight Training transfers as GE FFL 116 Fit for Life: Weight Training PHSE 150 Life Fitness transfers as GE GE Fitness for Life PHSE 171 Intercoll Basketball transfers as GE GE Fitness for Life PHSE 188 Intercollegiate Soccer, Women transfers as GE GE Fitness for Life PHYS 111 Intro Physics I transfers as GE PHYC 151 Physics for Life Sciences I PHYS 112 Intro Physics II transfers as PHYC 152 Physics for Life Sciences II PHYS 151 Prin of Physics I transfers as GE PHYC 161 Physics for Sci & Engineer I PHYS 152 Principles of Physics II transfers as PHYC 162 Physics for Sci & Engineer II PLSC 101 Introduction to Political Scie transfers as POLI 160 Introduction to Politics PLSC 102 American Institutions and Hist transfers as XX XXXX 150 American Government PLSC 103 Comparative Government transfers as GE GE Civic Know. & Engagement PLSC 150 Intro to International Relatio transfers as GE GE Civic Know. & Engagement PSYC 101 General Psychology transfers as GE PSYC 110 General Psychology PSYC 101H General Psychology Honors transfers as GE PSYC 110 General Psychology PSYC 103 Social Psychology transfers as PSYC 320 Social Psychology PSYC 104 Stats for Behavioral Science transfers as GE MATH 130 Introduction to Statistics PSYC 114 Abnormal Psych transfers as PSYC 360 Abnormal Psychology PSYC 121 Human Development transfers as GE PSYC 290 Human Growth and Development PSYC 145 Psych/Sociology of the Family transfers as PSYC 445 Psychology of the Family PSYC 205 Research Methods in Psychology transfers as GE PSYC 362 Research Methods in Psychology PSYC 211 Learning & Behavior Modificati transfers as PSYC 405 Psychology of Learning PSYC 260 Physiological Psych transfers as PSYC 292 Intro to Brain and Behavior SOC 101 Intro to Sociology transfers as GE SOC 120 Introduction to Sociology SOC 102 Social Problems transfers as SOC 225 Contemporary Social Problems SOC 103 Social Psychology transfers as PSYC 320 Social Psychology SOC 104 Statistics for Behavioral Scie transfers as GE MATH 130 Introduction to Statistics SOC 104H Stats for Behavioral Sciences transfers as GE MATH 130 Introduction to Statistics SOC 145 Sociology of the Family transfers as PSYC 445 Psychology of the Family SPAN 101 Elem Spanish First Semester transfers as GE SPAN 101 Elementary Spanish I SPAN 102 Elem Spanish Second Semester transfers as GE SPAN 102 Elementary Spanish II SPAN 201 Inter Spanish Third Semester transfers as SPAN 201 Intermediate Spanish I SPAN 202 Interm Spanish 4th Semester transfers as SPAN 202 Intermediate Spanish II

  • Approval of Plans and Specifications The Plans and Specifications will conform to the requirements and conditions set out by applicable law or any effective restrictive covenant, and to all governmental authorities which exercise jurisdiction over the Leased Premises or the construction thereon.

  • Operating Leases Incur any obligation to pay rent under an operating lease in any Fiscal Year if to do so would result in the aggregate obligation of Borrower and its Subsidiaries to pay rent under all operating leases in that Fiscal Year to exceed $4,000,000.

  • Construction of Tenant Improvements Promptly following approval of the Final TI Working Drawings, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Tenant’s expense (subject to the application of the Tenant Improvement Allowance provided in this Workletter, and subject to any other applicable provisions of the Lease or of this Workletter expressly making any specific item of expense or cost the responsibility of Landlord), diligently construct and complete Landlord’s TI Work substantially in accordance with the Approved TI Plans, subject to Unavoidable Delays and Tenant Delays (if any). Such construction shall be performed in a good and workmanlike manner and shall conform to all applicable governmental codes, laws and regulations in force at the time such work is completed. Without limiting the generality of the foregoing, Landlord shall be responsible for compliance of Landlord’s TI Work with the requirements of the Americans with Disabilities Act and all similar or related requirements pertaining to access by persons with disabilities, but nothing in this sentence shall be construed to make Landlord responsible for bearing the cost of any such compliance, to the extent the compliance work is reasonably attributable to or related to the particular nature or design of the Tenant Improvements or is for any other reason expressly made Tenant’s cost or responsibility under any applicable provision of the Lease or of this Workletter. Landlord shall have the right, in its sole discretion, to decide whether and to what extent to use union labor on or in connection with Landlord’s Work, and shall use the TI General Contractor to construct all of Landlord’s TI Work. Landlord and Tenant shall each have a right to approve all subcontractors engaged in connection with the construction of the Tenant Improvements and to review and approve all competitive bids for any elements of the Tenant Improvements, such approval in each instance not to be unreasonably withheld, conditioned or delayed by either party.

  • Construction Contract If federal funds are included as part of the financing of the non-OPWC portion of the Project, federal law may prevail, including, but not limited to, application of Xxxxx Xxxxx prevailing wage rates, the Xxxxxxxx “Anti-Kickback” Act, the Contract Work Hours and Safety Standards Act, and any federal environmental regulations. Recipient is solely responsible for ensuring compliance with federal requirements applicable to its Local Subdivision Contribution. Notwithstanding the above, the following provisions apply to construction contracts under this Agreement:

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