Xxxxxx. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
Xxxxxx. Xxxxxxx X. Xxxxxx
Xxxxxx. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
Xxxxxx. The tax matters partner is authorized, but not required:
(1) to enter into any settlement with the IRS with respect to any administrative or judicial proceedings for the adjustment of Partnership items required to be taken into account by a Partner for income tax purposes (such administrative proceedings being referred to as a “tax audit” and such judicial proceedings being referred to as “judicial review”), and in the settlement agreement the tax matters partner may expressly state that such agreement shall bind all Partners, except that such settlement agreement shall not bind any Partner (i) who (within the time prescribed pursuant to the Code and Regulations) files a statement with the IRS providing that the tax matters partner shall not have the authority to enter into a settlement agreement on behalf of such Partner or (ii) who is a “notice partner” (as defined in Section 6231(a)(8) of the Code) or a member of a “notice group” (as defined in Section 6223(b)(2) of the Code);
(2) if a notice of a final administrative adjustment at the Partnership level of any item required to be taken into account by a Partner for tax purposes (a “final adjustment”) is mailed to the tax matters partner, to seek judicial review of such final adjustment, including the filing of a petition for readjustment with the Tax Court or the filing of a complaint for refund with the United States Claims Court or the District Court of the United States for the district in which the Partnership’s principal place of business is located;
(3) to intervene in any action brought by any other Partner for judicial review of a final adjustment;
(4) to file a request for an administrative adjustment with the IRS at any time and, if any part of such request is not allowed by the IRS, to file an appropriate pleading (petition or complaint) for judicial review with respect to such request;
(5) to enter into an agreement with the IRS to extend the period for assessing any tax which is attributable to any item required to be taken into account by a Partner for tax purposes, or an item affected by such item;
(6) to take any other action on behalf of the Partners of the Partnership in connection with any tax audit or judicial review proceeding, to the extent permitted by applicable law or regulations; and
(7) to take any other action required by the Code and Regulations in connection with its role as tax matters partner. The taking of any action and the incurring of any expense by the tax matters pa...
Xxxxxx. 23 Mortgage.....................................................................23
Xxxxxx. Vendor's Principal Place of Business (State)
Xxxxxx. A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.
Xxxxxx. The redelivery or destruction of the Property Information shall not in any way relieve you of your obligation of confidentiality or the waivers contained herein.
Xxxxxx. Title: Director $16,500,000 THE INDUSTRIAL BANK OF JAPAN, LIMITED By /s/ Minami Miura -------------------------------- Title: Vice President $15,000,000 BANCO BILBAO VIZCAYA ARGENTARIA, S.A. By /s/ Manxxx Xxxxxxx -------------------------------- Title: Senior Vice President By /s/ Alexxxxxx Xxxxx -------------------------------- Title: Vice President $15,000,000 ING BANK N.V. By /s/ Alax Xxxxx -------------------------------- Title: Vice President By /s/ Tarx Xxxxxxx -------------------------------- Title: Assistant Manager, Corporate Lending $15,000,000 WACHOVIA BANK, N.A. By /s/ Fitxxxxx Xxxxxxx -------------------------------- Title: Vice President $15,000,000 BANCA COMMERCIALE ITALIANA - NEW YORK BRANCH By /s/ E. Xxxxxxx -------------------------------- Title: First Vice President/ Deputy Manager By /s/ J. Xxxxxxxxx -------------------------------- Title: Vice President $10,333,334 THE SUMITOMO BANK, LIMITED By /s/ Edwxxx X. Xxxxxxxxx, Xx. -------------------------------- Title: Senior Vice President $12,333,334 BANCO SANTANDER CENTRAL HISPANO, S.A., NEW YORK BRANCH By /s/ R.E. Schxxxxx -------------------------------- Title: Vice President By /s/ Claxx Xxxxxx -------------------------------- Title: Vice President $8,333,333 DRESDNER BANK, AG (NEW YORK BRANCH) By /s/ Brixx X. Xxxxxxxx -------------------------------- Title: Assistant Vice President By /s/ Lauxx X. Xxxxx -------------------------------- Title: First Vice President Total Commitments $500,000,000 ABN AMRO BANK N.V., as Co-Syndication Agent By /s/ Davxx Xxxxxxxxxx -------------------------------- Title: Group Vice President By /s/ Ann Xxxxxxxxxxxxx -------------------------------- Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By /s/ Jacxxxxxxx X. Xx -------------------------------- Title: Vice President CITIBANK N.A., as Co-Syndication Agent By /s/ Henxx X. Xxxxxxxx -------------------------------- Title: Vice President MORXXX XXARANTY TRUST COMPANY OF NEW YORK, as Administrative Agent By /s/ Denxxx Xxxxxxx -------------------------------- Title: Associate Address: 60 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Facsimile: (210) 000-0000 PRICING SCHEDULE
Xxxxxx. 17 Mortgage ......................................................................................17
