Xxxxx Property. All the printers and other equipment described on Schedule 16 attached to the First Amendment to Supply Agreement dated as of January 20, 2005 (collectively, the “X. Xxxxx Property”) shall be clearly marked and remain the personal property of X. Xxxxx and shall be kept free of liens and encumbrances. Company shall (i) be responsible for the maintenance of the X. Xxxxx Property; (ii) hold the X. Xxxxx Property at Company’s own risk; and (iii) not modify the X. Xxxxx Property without the permission of X. Xxxxx. In addition, Company shall only use the X. Xxxxx Property for the following purposes (i) for the manufacture, labeling and/or packaging of the Products for X. Xxxxx; and (ii) for the manufacture, labeling and/or packaging of non-X. Xxxxx products (the “Non-X. Xxxxx Products”) only to the extent (aa) such Non-X. Xxxxx Products are not syringes or components of syringes; (bb) Company’s supply of such Non-X. Xxxxx Products do not and will not conflict with or affect Company’s fulfillment of X. Xxxxx’x orders for Products; and (cc) such Non-X. Xxxxx Products are not competitive with the Products or any other product manufactured or sold by X. Xxxxx. Company shall redeliver the X. Xxxxx Property to X. Xxxxx in the same condition as originally received by Company plus improvements paid for by X. Xxxxx upon the earlier of (i) termination of this Agreement; (ii) Company’s breach of or default under this Agreement and/or the Xxxx of Sale from Company dated 18 January 2005 (transferring certain printers from Company to X. Xxxxx); or (iii) if X. Xxxxx, in its sole discretion, provides Company with an option to match an offer from a third party to supply X. Xxxxx with at least a majority of the Products on more favorable terms to X. Xxxxx than the terms on which such Products are supplied hereunder and Company fails to match such third party offer. X. Xxxxx makes no representations or warranties regarding the suitability of the X. Xxxxx Property for the manufacture of any Non-X. Xxxxx Products and Company hereby agrees to indemnify and hold X. Xxxxx harmless from and against any and all damages, liabilities, losses or expenses, including legal expenses, arising from Company’s use of the X. Xxxxx Property for the manufacture, labeling, packaging and/or sale of any Non-X. Xxxxx Products.”
Xxxxx Property. All equipment, materials, software or data of every description Xxxxx provides to operate the Programs will remain the property of Xxxxx, and Xxxxx will have access to the sites to remove such property upon termination or expiration of this MOU, whichever is earlier.
Xxxxx Property. 12.1 The County and State of California Department of Conservation ("DOC") have appealed a decision by the BIA to take the Xxxxx Property into trust for the Tribe, based in part upon California Government Code Section 51256, et seq., and the contention that the Tribe's proposed uses would conflict with the Xxxxxxxxxx Act contract on the land, which requires agricultural related use of the property. The BIA and Tribe contend that the contract is invalid when the land goes into trust.
Xxxxx Property. 24 The south property does not appear to have retained any of its former agricultural 25 drainage ditches (Figure 4-4), as presumably they have been buried by xxxxxxx 26 materials. The property receives water from three sources: rainfall, groundwater 27 seepage, and Miner Slough (via gaps in the large rocks of the levee breach 28 repair on the side channel to Miner Slough, (Figure 4-2). Much of the property is 29 submerged. The south property experiences limited tidal exchange, but no water 30 level measurements have been made to establish the magnitude. 31 32 Tidal Datums Surrounding Project Site 33 Relevance of tidal datums. Tidal datums describe the elevations of the tides 34 relative to a geodetic (earth surface) datum and are among the most fundamental 35 drivers of estuarine ecology. Tidal datums are calculated by averaging conditions
Xxxxx Property. A true and complete copy of the Unimproved Property Contract between Alleyton and Xxxxxxx Xxxxx (the “Xxxxx Purchase Agreement”) pursuant to which Alleyton will purchase a parcel of real property from Xxxxxxx Xxxxx (such parcel, the “Xxxxx Property”) has been delivered to Acquiror. A true and complete copy of (i) the title insurance commitment and (ii) the survey for the Xxxxx Property has been delivered to Acquiror.
Xxxxx Property. All property should be treated as if it was your own. Guests are discouraged from rearranging furniture and if done, please return to its proper place. Groups are responsible for the loss, defacing, breakage etc. of buildings and property. Groups will be assessed for any damages. • Program areas must not be used without the supervision of a qualified Xxxxx staff member, or without prior arrangement with Xxxxx. • Waterfront Usage - Use of the waterfront is allowed only when a certified lifeguard is on duty, and it is at the risk of the group using the facilities. All waterfront rules such as no running, no swimming at night, no swimming alone, etc. must be enforced.
Xxxxx Property. All that tract or parcel of land described or depicted on Exhibit B-2 attached hereto and incorporated herein, containing approximately 2.362 acres. Governmental Requirements. Laws, rules and regulations of federal, state and local governmental authorities having jurisdiction over the Property including, but not limited to, environmental laws, rules and regulations and zoning laws, rules and regulations. Hazardous Materials. As defined in Section 6.3.
Xxxxx Property. All working papers, notes, memoranda, reports, data in machine-readable format or otherwise, and documentation which have been made or prepared by XXXXX in connection with the Contract shall remain the property of XXXXX. XXXXX shall be allowed to use the knowledge and know-how it acquires in connection with the Contract, as well as any report, documentation, plans, drawings, software and other information that it develops with any other parties. However, any report or other material provided to the Customer by XXXXX in connection with the Contract is for the Customer’s internal use only and the Customer cannot show or provide that report or material to a third party, or refer to it in communications with a third party, without the prior written consent of XXXXX.
Xxxxx Property. Risk of loss or damage from fire, other casualty, or both, to the Xxxxx Property is assumed by XXXXX until the Deed is delivered by XXXXX to CITY. In the event any portion of the Xxxxx Property is destroyed by fire or other casualty then the CITY may elect to proceed to close the transaction contemplated herein. In the event the damage results in increased costs to CITY relating to Hazardous Material abatement costs, as determined during the Inspection Period for Xxxxx Property, or prior to the Closing Date for Xxxxx Property the insurance proceeds equal to the amount of said increase in costs shall be paid to the CITY and CITY shall be entitled to a credit against the Purchase Price for any such costs not paid to CITY.
Xxxxx Property. The Borrower holds good and marketable title to the Xxxxx Property, free from any Lien other than Permitted Liens. The Xxxxx Property is not material to the Borrower or its operations and is not included in the Base Case Financial Model. The Borrower has no plans to take any steps to put any part of the Xxxxx Property into production within the next five years. No assets of the Borrower are located on the Xxxxx Property and roads used to access the Timmins/Thunder Creek Mine Complex do not cross the Xxxxx Property.
