Xxxx Conditions Sample Clauses

Xxxx Conditions. 3.2.1. The Client shall furnish or make available to the Company such documents and information that relates to the identity, location, nature, or characteristics of any potential hazards or hazardous materials at, on, or under the Site. 3.2.2. The Company assumes no responsibility or liability for the accuracy or completeness of such documents and information, and all such documents and information shall remain the property of the Client.
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Xxxx Conditions. The obligation of Xxxx to convey the Xxxx Water Rights under this Agreement is subject to the satisfaction of the following conditions precedent or conditions concurrent (the satisfaction of which may be waived only in writing by Xxxx):‌ A. Delivery and execution by Greeley of all monies, items, and other instruments required to be delivered by Greeley to the Closing. B. All of the actions by Greeley required by this Agreement shall have been completed. C. There shall be no uncured default by Greeley of any of its obligations under this Agreement. D. The representations and warranties made by Greeley as specifically set forth herein shall be true and correct as of the Closing Date.
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Xxxx Conditions. The obligation of Xxxx to make the Mandatory Xxxx Capital Contribution under Section 5.1 and to otherwise consummate the transactions contemplated herein is subject to fulfillment of all of the following conditions on or prior to the date of closing of the Acquisition: (a) Bluerock shall deposit into the Company’s bank account or Title Company’s designated escrow account the amount of its Mandatory Bluerock Capital Contribution; (b) The Company shall have received the loan proceeds contemplated by the Loan Documents; provided however, if such failure to receive loan proceeds is solely attributable to the failure of Xxxx to fund its Mandatory Xxxx Capital Contribution, Xxxx may not use this condition to excuse its performance; (c) The Management Agreement shall have been executed between the Company and Property Manager; (d) All of the representations and warranties of Bluerock contained in this Agreement and the Collateral Agreements shall be true and correct as of the date hereof; (e) Execution by Xxxxx X. Xxxx III and R. Xxxxx Xxxxxx of the Non-Recourse Carveout Guaranties and execution of the Backstop Agreement by and among Xxxxx X. Xxxx III and R. Xxxxx Xxxxxx, Xxxx Partners Inc. and Xxxx Fund III, LLC; and (f) Execution and delivery by Bluerock to Xxxx Lender of the Bluerock Bridge Loan Documents.
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Xxxx Conditions. The obligation of Xxxx to complete the transactions contemplated herein is subject to the fulfillment of the following additional conditions at or before the Effective Time or such other time as is specified below: (a) the representations and warranties made by Eco Endeavors in this Agreement that are qualified by the expression “Material Adverse Change” or “Material Adverse Effect” shall be true and correct as of the Effective Date as if made on and as of such date (except to the extent that such representations and warranties speak as of an earlier date, in which event such representations and warranties shall be true and correct as of such earlier date), and all other representations and warranties made by Eco Endeavors in this Agreement that are not so qualified shall be true and correct in all material respects as of the Effective Date as if made on and as of such date (except to the extent that such representations and warranties speak as of an earlier date, in which event such representations and warranties shall be true and correct as of such earlier date), in either case, except where any failures or breaches of representations and warranties would not either, individually or in the aggregate, in the reasonable judgment of Xxxx, have a Material Adverse Effect on Eco Endeavors, and Eco Endeavors shall have provided to Xxxx a certificate of two officers thereof certifying such accuracy or lack of Material Adverse Effect on the Effective Date. No representation or warranty made by Eco Endeavors hereunder shall be deemed not to be true and correct if the facts or circumstances that make such representation or warranty untrue or incorrect are disclosed or referred to, or provided for, or stated to be exceptions under this Agreement; (b) from the date of this Agreement to the Effective Date, there shall not have occurred a Material Adverse Change in respect of Eco Endeavors; (c) Eco Endeavors shall have provided the Eco Endeavors Financial Statements; (d) Eco Endeavors shall have complied in all material respects with its covenants herein and Eco Endeavors shall have provided to Xxxx a certificate of two officers thereof certifying that, as of the Effective Date, Eco Endeavors has so complied with its covenants herein; (e) the Eco Endeavors Board shall have adopted all necessary resolutions and all other necessary corporate action shall have been taken by Eco Endeavors to permit the consummation of the Amalgamation and the transactions to be completed b...
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Xxxx Conditions. The facility shall be designed in accordance with the Site Conditions specified in Appendix N3.
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Xxxx Conditions. The Contractor must advise the Authority as soon as reasonably practicable after any road on the Approved Route, or any road on which the School Bus ordinarily travels before and after travelling over the Approved Route, is unsealed and becomes sealed, or vice versa.
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Xxxx Conditions. The facility shall be designed in accordance with the Site Conditions specified in Appendix N3. 0.0. Xxxx Elevation and Barometric Pressure The facility shall be designed based on the site elevation listed in Appendix N3.
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Related to Xxxx Conditions

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • Specific Conditions If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • Test conditions 6.1.1. The test shall be performed on a flat, dry concrete or asphalt surface affording good adhesion. 6.1.2. The ambient temperature shall be between 0°C and 45°C. 6.1.3. The horizontal visibility range shall allow the target to be observed throughout the test.

  • Delivery Conditions (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XII, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant to Section 2.3.

  • Prior Conditions Satisfied All conditions set forth in §10 shall continue to be satisfied as of the date upon which any Loan is to be made or any Letter of Credit is to be issued.

  • Failure to Satisfy Conditions Precedent If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

  • Failure to Satisfy Conditions If the Secured Party or its Custodian fails to satisfy any conditions for holding Posted Collateral, then upon a demand made by the Pledgor, the Secured Party will, not later than five Local Business Days after the demand, Transfer or cause its Custodian to Transfer all Posted Collateral held by it to a Custodian that satisfies those conditions or to the Secured Party if it satisfies those conditions.

  • Payment Conditions The price of the whole accommodation service booked is always payable by the Guest in advance, at the latest upon arrival in the hotel. Set-off by the Guest is excluded unless the set- off relates to an undisputed or legally confirmed claim. Valid means of payment are cash in Euros, EC card, Master Card, Visa Card, Diners Card and American Express. For payment settlement we use the 3D Secure 2.0 system for secure and additional customer authorisation. For further information on data processing for payment transactions see xxxxx://xxx.xxxxx-xxx.xxx/en/data-privacy/.

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