Subway Agreement definition
Examples of Subway Agreement in a sentence
In the event of any conflict between the terms of this Lease and the terms of the Site 8 South Subway Agreement in respect of the performance of Tenant’s Subway Improvements, the terms of the Site 8 South Subway Agreement shall prevail.
Landlord and Tenant acknowledge and agree that any amendment or modification to the Subway Agreement which may expose Landlord to liability in excess of $25,000 shall not, in and of itself, be a reasonable basis for Landlord to withhold, condition or delay consent.
The construction of Tenant’s Subway Improvements shall be governed by the Site 8 South Subway Agreement and all applicable Legal Requirements; provided, however, that Landlord shall have the continuing right to review any modification to the Site 8 South Subway Agreement and to approve same solely to the extent that any such modification impacts the DUO.
It is understood that the Tenant’s Subway Agreement will require that the Company or its Members provide letters of credit to secure certain obligations of the Company under the Tenant’s Subway Agreement.
Borrower shall have delivered to Agent evidence satisfactory to Agent that (i) all zoning approvals required for the construction of the Project have been obtained and (ii) Borrower has complied with all requirements of the Subway Agreement to the extent required as of such date.
If either Member shall obtain a temporary or permanent certificate of occupancy in violation of Tenant’s Subway Agreement, the liquidated damages payable thereunder shall be allocated to the Members in accordance with their respective Percentage Interests.
As of the date of this lease, Tenant has assigned to Landlord, and Landlord has assumed from Tenant, the Subway Agreement.
Landlord hereby approves the design for Tenant’s Subway Improvements, as such design is depicted in the Site 8 South Subway Agreement as in effect on the date hereof.
Each Member shall be obligated to post a letter of credit in an amount corresponding to its Percentage Interest of the total amount of the letters of credit required under the Tenant’s Subway Agreement and to pay the fees and costs related thereto and for replacing its letter of credit if the same terminates prior to the date the letters of credit are released under the Tenant’s Subway Agreement.
The Subway Agreement is in full force and effect, neither Borrower is in default thereunder and, to the best of Borrower's knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder.