Introductory Matters. (a) The parties have formed the Company pursuant to the provisions of the Act by filing the Articles of Organization with the Secretary of State.
(b) The purpose of the Company shall be to own and operate the Property and Improvements as investments and for income-producing purposes, as the successor-in-interest by merger to the Partnership. The Company shall have no other intended purpose nor engage in any other business, except as set forth above, and shall be operated independently of the Phase I Partnership, except to the extent that coordination between the Phase I Project and the Project is determined by the mutual determination of the respective Management Committees of the Company and the Phase I Partnership to be mutually beneficial in connection with their operation.
(c) The term of the Company commenced upon the filing of the Articles of Organization for the Company and shall end on December 31, 2035 unless the Company is terminated or dissolved sooner, in accordance with the provisions of this Agreement.
(d) The Company shall maintain its principal place of business at 300 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx 00000, or any other location mutually agreed upon by the Members.
(e) The name and address of the Company's agent for service of process is Mxxxxxx Partners, 300 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxx, XX 00000.
Introductory Matters. Section 2.02 Members and Their Interests . . . . . 9 Section 2.03
Introductory Matters. 2.1 FORMATION OF LLC.
2.2 NAME; PRINCIPAL OFFICE; AGENT.
2.3 PERIOD OF DURATION.
2.4 BUSINESS AND PURPOSE OF THE LLC. 2.5 TITLE TO ALL PROPERTIES.
Introductory Matters. A. The above recitals are true and correct and are incorporated herein; and
B. The Parties have had the opportunity to obtain legal counsel of their choice; and
C. The Parties acknowledge and agree that this settlement is a compromise of
D. Except as otherwise provided herein, the 2014 Agreement shall take effect on the effective date and expire on September 30, ten calendar years after the effective date; and
E. The 2014 Agreement supersedes and replaces all prior settlement agreements between the Parties and all amendments thereto; and
F. Upon the approval of the 2014 Agreement by both the JPFPF and the City (inclusive of City Council and the Mayor), the provisions of the 2014 Agreement shall be incorporated into a consent judgment in the case of Xxxxxxx Xxxx, et al vs. City of Jacksonville, et al., Case No.: 3:13-cv-121-J-34MCR. The Federal court shall retain jurisdiction for the enforcement of the Agreement and the resolution of any disputes arising thereafter. The Parties acknowledge the Court’s power to enforce the 2014 Agreement, and move for the Court to provide an annual review of the Parties’ compliance with the Agreement’s terms. To the extent that the Court declines the annual review obligation, the parties agree to meet and choose a mutually acceptable judge, attorney or special master to serve in this monitoring role; and
G. The City of Jacksonville shall withdraw the impasse notices before the Florida Public Employees Relations Commission (PERC) related to past pension negotiations with the Fraternal Order of Police, Lodge 5-30 (Case SM-2012-078) and the Jacksonville Association of Fire Fighters, Local 122 (Case SM-2012-092).
Introductory Matters. Occasionally, the earning of a commission in a new home sale is questioned. The question that arises is who “procured” the buyer. To assist in answering this question, the following guidelines have been developed: BAGI and MIBOR have developed these guidelines, including the use of a “Prospective Buyer Registration Form,” to clarify the responsibilities of Builders and REALTORS® with respect to the earning and paying of commissions on new home sales (the Guidelines). These Guidelines have been developed in conformity with evolving legal requirements necessary to determine entitlement to compensation in new home sales. BAGI and MIBOR also have developed a Code of Conduct to xxxxxx cooperation between builders and REALTORS® in their mutual goal to sell homes. Further, BAGI and MIBOR have developed a dispute resolution program to resolve disputes between Builders and REALTORS® that may arise concerning the payment of commissions (the “ADR Program”). Under this program, if the two parties cannot work out their dispute, then the dispute shall first be submitted to nonbinding mediation for resolution. If mediation is unsuccessful, the dispute will then be resolved through binding arbitration. Details of the ADR Program are set forth in this document. Builders and REALTORS® who wish to commit to using the Guidelines, Code of Conduct, and ADR Process (constituting the “Builder/REALTOR® Pact”), shall sign a Participation Agreement as contained in Exhibit B (for Builders) or Exhibit C (for REALTORS®). By signing the Participation Agreement, participants are agreeing to resolve commission disputes without the necessity or ability to go to trial. Commissions are not fixed, controlled, recommended, suggested or maintained by BAGI or MIBOR. The amount a Builder agrees to pay a Broker is not prescribed by law and is negotiable between the Builder and the Broker. These Guidelines shall not be interpreted to require a Builder to pay more than one commission. They are intended to be flexible enough to accommodate the myriad variations that will be presented, yet maintain some continuity to the process. Special circumstances, which justify exceptions to these Guidelines, may be agreed to by the REALTOR® and Builder. Neither BAGI nor MIBOR shall have any liability to participant in the registration process under these voluntary Guidelines.
Introductory Matters. 1.1 This Contract contains the terms and conditions agreed between the Provider and the Client (and Sponsor as appropriate). These terms cannot be altered unless agreed by all of the parties, in writing.
1.2 The Provider has included in this Contract the appropriate information for the benefit of the Client insofar as that information is not contained, or more particularly referred to, in the Service Information Pack.
(a) The Client and/or the Sponsor acknowledges that this Contract is a private contract for the long term provision of the Services and that the Client’s financial circumstances (while subject to change for unforeseen reasons) have been considered by the Client/Sponsor and are presently sufficient to pay the Fee for the Services for at least two years from the date of this Contract and has produced evidence with that effect to the Provider. If the Client becomes eligible for state funding (local authority social services or continuing healthcare) for or toward their placement at the Home, the nature of the placement will change, and the Provider will discuss the placement with the Client/Sponsor. If applicable then it is the duty of the Client / Sponsor to make any subsequent application for funding from the Local Authority or the NHS and to notify the Provider so that the Provider may conclude a suitable contract with the Authority concerned.
(b) In accordance with Clause 1.3(a) and prior to the Date of Admission the Client and/or the Sponsor has/have drawn to the attention of the Provider any material facts or issues relating to the Client or the Client’s circumstances, whether personal or financial, of which the Provider ought to be made aware when welcoming the Client into the Home (which shall include without limitation anything that would affect the Client's ability to pay the Fee as mentioned at Clause 1.3(a)).
(c) In addition to Clause 1.3(b) the Client and/or the Sponsor will notify the Provider as soon as possible of any material facts or issues relating to the Client or the Client’s circumstances whether personal or financial which arise whilst the Client is living in the Home of which the Provider should be advised and of which the Provider is not aware. In particular the Client / Sponsor will review the Client’s financial circumstances on a regular basis and in any event after 18 months from the Date of Admission. In the event that the Client’s financial circumstances warrant an application for Local Authority social services or ...
Introductory Matters. 1.1 Defined Terms 2 1.2 Interpretation; Construction 8
Introductory Matters. This contract contains the terms and conditions agreed between the care provider and the client (and sponsor as appropriate). In specific circumstances, these terms may be varied if the variation is agreed by all of the parties, in writing.
Introductory Matters. A. The above recitals are true and correct and are incorporated herein; and
B. The Parties have had the opportunity to obtain legal counsel of their choice; and
C. The Parties acknowledge and agree that this settlement is a compromise of disputed allegations, claims and demands, and that the 2014 Agreement shall not be construed as, or deemed to be evidence of, an admission or concession of any fault, liability or damage whatsoever by the Parties; and
D. Except as otherwise provided herein, the 2014 Agreement shall take effect on the Prospective Effective Date and expire on September 30, ten calendar years after the Effective Date; and
E. The 2014 Agreement supersedes and replaces incorporates all prior settlement agreements between the Parties and all amendments thereto; and
F. Upon the Effective Date, the provisions of the 2014 Agreement shall be incorporated into a consent judgment in the case of Xxxxxxx Xxxx, et al vs. City of Jacksonville, et al., Case No.: 3:13-cv-121-J-34MCR. The Federal court shall retain jurisdiction for the enforcement of the Agreement and the resolution of any disputes arising thereafter. The Parties acknowledge the Court’s power to enforce the 2014 Agreement, and move for the Court to provide an annual review of the Parties’ compliance with the Agreement’s terms. To the extent that the Court declines the annual review obligation, the parties agree to meet and choose a mutually acceptable judge, attorney or special master to serve in this monitoring role; and
G. Upon the Effective Date, the City of Jacksonville shall withdraw the impasse
Introductory Matters. FORMATION OF COMPANY
