Xxxxxx agrees. (a) Upon the performance in full by the Vendee, to execute and have acknowledged a Xxxxx Xxxx, in recordable form, of the real property described in this agreement, vesting the fee title in Vendee, or the Vendee's successors or assigns, subject only to the liens to be paid by the Vendee and such other encumbrances accepted, made by or suffered by the Vendee, and to deliver such deed as directed by the Vendee, or his or her successors or assigns.
(b) To pay Vendee any transfer tax required by law.
(c) During the existence of this contract, and upon the written demand of the Vendee or his or her authorized agent made at any time before or within two months after the recording of a notice of default under this contract, or thirty days prior to the entry of a judgment for the enforcement of this contract, and upon the payment not to exceed sixty dollars ($60.00) therefor, to cause to have prepared and delivered to the person demanding it within twenty-one (21) days of the receipt of the demand, a written statement materially setting forth the information required to be supplied by a mortgage or beneficiary by California Civil Code section 2943.
(d) To keep current all payments due the underlying Deed(s) of Trust.
Xxxxxx agrees. Tenant must be able to comply with the Lease provisions and Tenant’s obligations under this Lease. If during the term of this Lease, Tenant, by reason of physical or mental disability is no longer able to comply with the provisions of this Lease and cannot make arrangements for someone to aid him/her in complying with the Lease, and MHA cannot make reasonable accommodation that would enable Tenant to comply with the Lease, then this Lease will terminate.
Xxxxxx agrees. To notify DMMHA in writing of any income change within 14 calendar days of the change.
Xxxxxx agrees not to engage in any other projects or business activities that would conflict or compete with Company’s business;
Xxxxxx agrees a. To perform or cause to perform the engineering, survey, construction contract, construction inspection and construction engineering, materials testing, construction survey, contract administration, signing, and striping for the POMONA PROJECT.
b. To pay for the COST OF IMPROVEMENTS pursuant for the POMONA PROJECT, subject to paragraph 3(a) below.
c. To cooperate with CLAREMONT in conducting negotiations with and, where appropriate, issue notices to public utility organizations and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction of the POMONA PROJECT. Where utilities have been installed in POMONA streets or on POMONA property, POMONA will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of IMPROVEMENTS.
d. To cooperate with CLAREMONT in providing all information that may be in the possession of POMONA necessary for completion of the POMONA PROJECT.
e. To require the construction contractor performing work on the POMONA PROJECT and to provide endorsements to add CLAREMONT, its officials, officers, employees and agents as additional insured on any insurance policies obtained for the POMONA PROJECT. POMONA shall also, to the extent practical require the construction contractor to defend, indemnify and hold CLAREMONT, its officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of the contractor or sub-contractors arising out of or in connection with the POMONA PROJECT.
Xxxxxx agrees. To upon any termination of his employment immediately relinquish all COMPANY credit cards and keys and any other COMPANY property and otherwise comply with COMPANY’s practices and procedures for terminated employees; provided, however, that XXXXXX shall be permitted to retain copies of any COMPANY documents or files contained on his personal computers as long as XXXXXX does not violate the provisions of the Proprietary Information Agreement.
Xxxxxx agrees. Section 506.510.1 indicates that where long-arm service is had on an agent of a foreign corporation, such service shall have the force and effect as though process had been served within this state. Xxxxxx recognizes the argument that the tolling provision is framed in terms of a defendant’s presence in and subsequent departure or absence from the state; such language can be read to imply that it is the physical location of a defendant that drives the tolling analysis and that “force and effect” simply is not sufficient. See Appellant’s Substitute Brief, p. 16. that out-of-state defendant. See Section B, below. Moreover, reading §506.510 together with §537.100 permits the Court to give effect to both statutes, and as Xxxxxx points out, the legislature is not intended to have done a useless act. Appellant’s Substitute Brief, p. 20 (citing Xxxxxx x. Mo. Hwy. & Transp. Comm’n, 37 S.W.3d 228 (Mo. banc 2001)). Reading the provisions together may also require the Court to reexamine Xxxxxx x. Xxxxxx ,717 S.W.2d 520 (Mo. banc 1986), a case suggesting that tolling provisions should not be read in conjunction with the long arm statute. Xxxxxx is discussed below.
1. The tolling provision should not be construed in such a way as to violate the Commerce Clause. The United States District Court, Eastern District of Missouri, has recently held a very similar Missouri statute, §516.200, RSMo 1994,4 a statute that contains tolling language 4 Section 516.200 states in relevant part: If at anytime when any cause of action herein specified accrues against any person who is a resident of this State, and he is absent therefrom, such action may be commenced within the times herein respectively limited, after the return of such person into the state; and if, after such cause of action shall have accrued, such person depart from and reside out of this state, the time of his absence shall not be deemed or similar to that of §537.100 – unconstitutional on its face. Rademeyer x. Xxxxxx, 145 X. Xxxx. 2d 1096 (E.D. Mo. 2001).5 That case is now being briefed in the United States Court of Appeals for the Eighth Circuit, case nos. 01-2377 and 01-2456 (consolidated). Much as the Eighth Circuit had held in Bottineau Farmers Elevator x. Xxxxxxxx-Xxxxx Consultants, 963 F.2d 1064 (8th Cir. 1992), when it examined and rejected a Nebraska tolling statute on Commerce Clause grounds, so the district court held in Rademeyer that the tolling provision of §516.200 violates the Commerce Clause. Specif...
Xxxxxx agrees. 2.1 To deliver to Bailee the Products described herein. Delivery will be F.O.B. Bailots plants. Page 30 (for all attachments to the Development Agreement between S-A and WG)
2.2 To install the Products at the location provided by Bailee set forth above.
Xxxxxx agrees. 15.2.1 that this Agreement and any other recorded information held by Xxxxxx on UHBristol’s behalf for the purposes of this Agreement are subject to the obligations and commitments of UHBristol under FOIA;
15.2.2 that the decision on whether any exemption to the general obligations of public access to information under FOIA request is a decision solely for the public organisation to whom the request is addressed;
15.2.3 that where Xxxxxx receives a request for information under FOIA and the Provider itself is subject to FOIA, it will liaise with UHBristol as to the contents of any response before a response to a request is issued and will within 2 Operational Days provide a copy of the request and any response to UHBristol;
15.2.4 that where Xxxxxx receives a request for information under FOIA and the Provider is not itself subject to FOIA, it will not respond to that request (unless directed to do so by UHBristol) and will within 2 Operational Days transfer the request to UHBristol;
