Waiver of Rights Under Section 93 Sample Clauses

Waiver of Rights Under Section 93. 012 of the Texas Property Code 35 27.14 Force Majeure 35 27.15 No Punitive or Consequential Damages 35 27.16 Jury Trial Waiver 35 27.17 Authority 36 27.18 OFAC 36 27.19 Limitation on Landlord Liability 36 27.20 Recording 37 27.21 Landlord Lien Subordination 37 27.22 Guaranty 37 INDEX TO LEASE PROVISIONS DEFINITIONS Additional Rent 4 Affiliate 9 Agreement 1 Alteration 10 Alterations 10 Xxxxxx Party 17 Base Rent 4 Buildings 1 Business Days 34 Condemnation 20 Condemnation Costs 21 Condemnation Termination Date 21 control 9 County 1 Critical Directly Related Lease 1 Early Termination Fee 22 Effective Date 1 Environmental Laws 30 Escrow Charges 27 Event of Default 22 Executive Order 36 Existing Encumbrances 6 Fee Mortgage 9 Fee Mortgagee 9 Force Majeure 35 Foreclosure Purchaser 5 Guarantor 38 Guaranty 38 Impositions 26 Improvements 1 Initial Term 2 Insurance Proceeds 15 Insurance Requirements 10 Insurance Trustee 17 Land 1 Landlord 1 Landlord Parties 32 Late Fee 5 Laws 14 Lease 1 Lease Year 3 Mandatory Cure Matters 4 Monetary Obligations 6 Net Award 21 Net Present Value 24 Note 23 Notice of Intention 21 OFAC 36 Other Lease Default 23 Other Leases 3 Past Due Rate 5 Permitted New Title Exceptions 3 Permitted Transfer 8 Permitted Use 6 Permitted Violations 14 Premises 1 Premises Closing 1 Premises Closing Date 1 Premises Permitted Exceptions 3 Premises Purchase Price 1 Present Value 22 Prohibited Use 6 Purchase Option 1 Purchase Option Exercise Notice 1 Regulated Substance(s) 31 Remainder Term 22 Removable Property and Equipment 11 Renewal Option 2 Renewal Term 2 Rent 5 Shortfall 16 Significant Condemnation 22 Significant Event of Default 2 SNDA 29 Sole Discretion Alterations 10 Tenant 1 Tenant Environmental Event 31 Tenant’s Renewal Notice 2 Term 3 Title Company 1 Title Policy 2 Work 15 LEASE WITH PURCHASE OPTION THIS LEASE WITH PURCHASE OPTION (hereinafter sometimes referred to as this “Lease” or this “Agreement”), as of the _____ day of _______, 2020 (the “Effective Date”), by and between ______________________, a Texas [limited partnership][limited liability company], having its principal place of business at 0000 XxXxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, Attention: President (hereinafter referred to as “Landlord”), and ____________________, a Delaware limited liability company, whose address is c/o Asbury Automotive Group, Inc., ‎0000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxxx, Xxxxxxx 00000, Attention: Senior Vice President and General Counsel (hereinafter referred t...
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Waiver of Rights Under Section 93. 012 of the Texas Property Code. Landlord and Tenant are knowledgeable and experienced in commercial transactions and hereby agree that the provisions of this Lease for determining charges, amounts, Additional Rent payable by Tenant (including, without limitation, payments under Section 2.3 and 2.4 of this Lease) are commercially reasonable and valid even though such methods may not state a precise mathematical formula for determining such charges. ACCORDINGLY, TENANT VOLUNTARILY AND KNOWINGLY WAIVES ALL RIGHTS AND BENEFITS OF TENANT UNDER SECTION 93.012 OF THE TEXAS PROPERTY CODE AS SUCH SECTION NOW EXISTS OR AS MAY BE HEREAFTER AMENDED OR SUCCEEDED. [End of page] The parties hereto have executed this Lease as of the 24 th day of August, 2007. This Lease may be executed in multiple counterparts, all of which when taken together shall constitute one and the same instrument. LANDLORD: RFP Lincoln Greenspoint, LLC, a Massachusetts limited liability company, Lincoln — Greenspoint LLC, a Delaware limited liability company By: Lincoln Non-Member Manager, Inc., a Texas corporation, its Manager By: /s/ W. Fxxxx Xxxxx Name: W. Fxxxx Xxxxx Title: Vice President TENANT: EXTERRAN ENERGY SOLUTIONS, L.P., a Delaware limited partnership By: Hanover Compression General Holdings LLC, a Delaware limited liability company, its General Partner By: /s/ Sxxxxxx X. Xxxxxx Sxxxxxx X. Xxxxxx President EXHIBIT A LAND TRACT I — FEE SIMPLE BEING a 3.125 acre tract of land in the Pxxxxx Xxxxxxxx Survey, Abstract No. 749, City of Houston, Hxxxxx County, Texas, being all of a 3.125 acre tract of land described in a deed filed for record under Hxxxxx County Clerk’s File Number S840337, same being all of that same 3.1248 acre tract described in a deed recorded under Hxxxxx County Clerk’s File No. M149382, which is out of a 9.7257 acre tract described in a deed recorded under the Hxxxxx County Clerk’s File No. F908820, which is part of Restricted Reserve “H” as shown on the plat of Greenspoint Subdivision, Section One recorded in Volume 258, Page 83 of the Hxxxxx County Map Records, said 3.125 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found in the northerly right-of-way line of Sxx Houston Parkway, also know as Beltway 8 and as North Belt, for the most easterly cut-back corner on the northeast corner of the intersection of Sxx Houston Parkway with Northchase Drive;
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Waiver of Rights Under Section 93. 012 OF THE TEXAS PROPERTY CODE. Landlord and Tenant are knowledgeable and experienced in commercial transactions and hereby agree that the provisions of this Lease for determining any charges and/or amounts, including, without limitation, Expenses. Electrical Charge, Insurance and Taxes payable by Tenant (including, without limitation, payments under Article 3 and Article 4 of this Lease) are commercially reasonable and valid even though such methods may not slate a precise mathematical formula for determining such charges. ACCORDINGLY, TENANT VOLUNTARILY AND KNOWINGLY WAIVES ALL, RIGHTS AND I3ENEFITS OF TENANT UNDER SECTION 93.012 OF THE TEXAS PROPERTY CODE AS SUCH SECTION NOW EXISTS OR AS MAY BE HEREAFTER AMENDED OR SUCCEEDED.
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Related to Waiver of Rights Under Section 93

  • Waiver of Rights No delay or omission by the Company in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.

  • Non-Waiver of Rights The failure to enforce at any time the provisions of this Agreement or to require at any time performance by the other party hereto of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party hereto to enforce each and every provision in accordance with its terms. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at that time or at any prior or subsequent time.

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

  • Disclaimer of Rights No provision in this Option Agreement shall be construed to confer upon the Optionee the right to be employed by the Corporation or any subsidiary, or to interfere in any way with the right and authority of the Corporation or any subsidiary either to increase or decrease the compensation of the Optionee at any time, or to terminate any employment or other relationship between the Optionee and the Corporation or any subsidiary.

  • Limitation of Rights Nothing in this Agreement or the Plan shall be construed to:

  • Limitation of Rights of Holders Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

  • Acknowledgement of Waiver of Claims Under ADEA Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that:

  • Exculpatory Provisions; Limitation of Liability Neither the Agent nor any of its directors, officers, employees, agents, attorneys or Affiliates shall (a) be liable to any Bank for any action taken or omitted to be taken by it or them hereunder, or in connection herewith including pursuant to any Loan Document, unless caused by its or their own gross negligence or willful misconduct, (b) be responsible in any manner to any of the Banks for the effectiveness, enforceability, genuineness, validity or the due execution of this Agreement or any other Loan Documents or for any recital, representation, warranty, document, certificate, report or statement herein or made or furnished under or in connection with this Agreement or any other Loan Documents, or (c) be under any obligation to any of the Banks to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions hereof or thereof on the part of the Loan Parties, or the financial condition of the Loan Parties, or the existence or possible existence of any Event of Default or Potential Default. No claim may be made by any of the Loan Parties, any Bank, the Agent or any of their respective Subsidiaries against the Agent, any Bank or any of their respective directors, officers, employees, agents, attorneys or Affiliates, or any of them, for any special, indirect or consequential damages or, to the fullest extent permitted by Law, for any punitive damages in respect of any claim or cause of action (whether based on contract, tort, statutory liability, or any other ground) based on, arising out of or related to any Loan Document or the transactions contemplated hereby or any act, omission or event occurring in connection therewith, including the negotiation, documentation, administration or collection of the Loans, and each of the Loan Parties, (for itself and on behalf of each of its Subsidiaries), the Agent and each Bank hereby waive, releases and agree never to xxx upon any claim for any such damages, whether such claim now exists or hereafter arises and whether or not it is now known or suspected to exist in its favor. Each Bank agrees that, except for notices, reports and other documents expressly required to be furnished to the Banks by the Agent hereunder or given to the Agent for the account of or with copies for the Banks, the Agent and each of its directors, officers, employees, agents, attorneys or Affiliates shall not have any duty or responsibility to provide any Bank with an credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the Loan Parties which may come into the possession of the Agent or any of its directors, officers, employees, agents, attorneys or Affiliates.

  • WAIVER OF AGREEMENT No term or provision of this Agreement may be waived or modified unless done so in writing and signed by the party against whom such waiver or modification is sought to be enforced. Either party’s failure to insist at any time on strict compliance with this Agreement or with any of the terms under this Agreement or any continued course of such conduct on its part will in no event constitute or be considered a waiver by such party of any of its rights or privileges. ENFORCEABILITY If any portion of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby.

  • Release of Claims and Waiver of Rights Executive, on Executive’s own behalf and that of Executive’s heirs, executors, attorneys, administrators, successors, and assigns, fully releases and discharges the Company, its predecessors, successors, parents, subsidiaries, affiliates, and assigns, and its and their directors, officers, trustees, employees, and agents, both in their individual and official capacities, and the current and former trustees and administrators of each retirement and other benefit plan applicable to the employees and former employees of the Company, both in their official and individual capacities (the “Releasees”) from all liability, claims, demands, and actions Executive now has, may have had, or may ever have, whether currently known or unknown, as of or prior to Executive’s execution of this Agreement (the “Release”), including liability claims, demands, and actions:

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