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THIRTY-NINTH definition

THIRTY-NINTH. If the Landlord has instituted, or shall institute, a security guard program at the building under contract with a recognized security guard or patrol agency which shall supply guards for lobby, hall, loading bank and other patrol services at the building on a contract basis, the Tenant will, within ten days following receipt of a statement from the Landlord of the Landlord's expenditures for the security guard services, pay to the Landlord the Tenant's proportionate share of 121% of the Landlord's expenditures for the security guard services for the building. The amount payable hereunder shall constitute additional rent. Statements of the Landlord's expenditures in successive periods of 90 days following the institution of the service shall be submitted not more frequently than once in each period of three months during the term. The Tenant's proportionate share of the Landlord's expenditures for the security guard services shall be that fraction of such expenditures for a three-month period of which the numerator is the number of square feet of the rentable area of the premises and the denominator is the number of square feet of the rentable area of the building which at the expiration of each three-month period in question was under lease and PLEASE INITIAL
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THIRTY-NINTH. In the event that any mechanic's lien is filed against the premises as a result of alterations, additions or improvements made by the tenant, or in the events any other lien against the premises is created by any act or omission of tenant, the tenant shall promptly remove the same; the landlord, at its option, after thirty (30) days notice to the tenant if the tenant fails to remove the same within said period of 30 days notice, may pay the said lien, without inquiring into the validity thereof, and the tenant shall forthwith reimburse the landlord the total expense incurred by the landlord in discharging the said lien, as additional rent hereunder. Nothing herein contained shall be construed as a consent on the part of the landlord to subject the landlord's property to liability under the mechanic's lien law of the State of New Jersey, or to any lien law or any lien or charge whatsoever. FORTIETH: The rights and remedies contained in this lease are not intended to be exclusive, but as additional to all rights and remedies the landlord would otherwise have by law.
Sample 1
THIRTY-NINTH. In reference to the payment of rent referred to on the first page of this Lease to which this is a Rider, the first monthly rental shall commence as of March 15, 1987, at which time fifty (50%) per cent of rental due for the month of March shall be paid; full monthly payments shall commence April 1, 1987 in accordance with the terms and provisions of this Lease and the final monthly rental due in January of 2007 shall be also prorated to be fifty (50%) per cent of the rental as shall be due for the month of January, 2007.
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Examples of THIRTY-NINTH in a sentence

  • THIRTY-NINTH: The General Meetings of Members shall be presided over by the General Manager or the President of the Board of Managers, whichever may be the case, and in his absence, by the person who is designated by the meeting itself; the person who designates who shall preside over the meeting shall act as Secretary of the meeting.

  • REPORT OF THE THIRTY-NINTH ANNUAL MEETING OF THE MARYLAND STATE BAR ASSOCIATION HELD AT HOTEL AMBASSADOR, ATLANTIC CITY, N.J. JUNE 28, 29, 30, 1934 51 (1934).

  • THIRTY-NINTH: This agreement shall be in full force and effect and shall be and remain operative and binding upon the parties hereto and their successors and assigns from the 1st day of October 1, 1961, up to and including the 30th day of September, 1963, and shall survive any change in name, reorganization or incorporation.

  • THIS THIRTY-NINTH SUPPLEMENTAL INDENTURE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.

  • SUN, April 9, 1934, at 16; and MARYLAND STATE BAR ASS’N, REPORT OF THE THIRTY-NINTH ANNUAL MEETING OF THE MARYLAND STATE BAR ASSOCIATION HELD AT HOTEL AMBASSADOR, ATLANTIC CITY, N.J. JUNE 28, 29 AND 30, 1934 50 (1934).He mainly drafted documents, associated with finances and the organization of corporations, and handled estates than found himself arguing in court.

  • TO DEBTORS’ THIRTY-NINTH OMNIBUS OBJECTION TO CLAIMS West Covina Motors, Inc.

  • THIRTY-NINTH PARLIAMENT FIRST SESSION—SIXTH PERIOD BY AUTHORITY OF THE SENATE CONTENTS PetitionsTHURSDAY, 29 JUNEGlobal Whale Sanctuary 15941Goods and Services Tax: Complementary Medicines and Services 15941Multilateral Agreement on Investment 15941Uranium: World Heritage Areas 15941Forest Protection.

  • EACH OF THE ISSUER, THE PARENT GUARANTOR AND THE TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS THIRTY-NINTH SUPPLEMENTAL INDENTURE, THE GUARANTEE, THE NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  • By placing the nodes involved in the communication in different points of the grid, and possibly using other nodes or signal generators as sources of inter- ference, one can study the effect of varying channel characteristics on the communication.VINI [5] is a testbed platform aimed to test lower layer software, such as routing protocols.

  • B-1 THIS THIRTY-NINTH SUPPLEMENTAL INDENTURE OF TRUST dated as of 1, 2021 (this “Thirty-Ninth Supplemental Indenture”), governs the terms of the City of Beaumont Community Facilities District No. 93-1 Special Tax Refunding Bonds, 2021 Series A (Improvement Area No. 19C), which are being issued as Parity Bonds in accordance with the Original Indenture (as defined below).


More Definitions of THIRTY-NINTH

THIRTY-NINTH. Prior to the date of occupancy of the premises hereunder by the Tenant, the Tenant shall furnish to the Landlord a public liability policy or certificates thereof, naming the Landlord thereon as an insured party with limits of not less than One Million ($1,000,000.00) Dollars per person; Two Million ($2,000,000.00) Dollars per occurrence and $500,000 for property damage with full coverage for plate glass and extended coverage for vandalism, and malicious mischief in an amount adequate to cover the cost of replacement of all decorations and improvements in the demised premises as well as the cost of replacement of all fixtures, inventory and contents therein. Premiums for such insurance shall be payable by the Tenant. Upon failure of the Tenant to obtain and deliver said liability insurance or a certificate thereof during the entire term hereof, the Landlord may thereupon obtain the same on behalf of the Tenant and the premiums for the same will be due upon the next day the rent is due hereunder as additional rent, and shall be collectible as additional rent by summary proceeding or otherwise plus ten (10%) percent of the yearly premium as Landlord's service charge. Tenant shall also procure at its own cost and expense business interruption insurance and broad form boiler insurance in the minimum amount of $100,000 and fire and extended coverage insurance covering the rental value of the demised premises in an amount equal to at least 150% of the annual minimum rent provided for in this lease. The policies stated herein shall not be cancelled except upon thirty day prior written notice to the Landlord. Upon the effective date of this lease, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies theretofore furnished pursuant to this paragraph, originals or certificates thereof of the policies together with a copy of the paid receipt shall be delivered by the Tenant to the Landlord.
Sample 1
THIRTY-NINTH. The Tenant's sign for the outside of the building shall be at the Landlord's discretion with regards to size and color and must be approved by Landlord prior to installation.
Sample 1
THIRTY-NINTH. With respect to any work to be performed by the Tenant on the demised premises, in addition to any other limitations set forth in this lease, (a) Tenant does hereby agree not to employ any persons on the demised premises in connection with any such alteration or construction work, the employment of which would cause a strike, stoppage or slowdown by any employees of any Union employed directly or indirectly by the Landlord in which the demised premises are a Part, (b) Landlord does not consent to the reservation of any title by any conditional vendor to any property which may be affixed to the realty so as to become part thereof, wholly or in any portion without material injury to the freehold. Landlord, upon tenant's occupancy and periodically thereafter, shall at tenants request, provide tenant with a list of Unions employed directly or indirectly, by the building or which the demised premises are a part.
Sample 1
THIRTY-NINTH. If in any calendar year commencing with the calendar year 1995 the "operating expenses" as herein after defined, shall exceed the "operating expenses" for the calendar year 1994 then Tenant shall pay Landlord as additional rent "Tenant's proportionate share" (as such term is defined in Paragraph 30 hereof) of the amount of the operating expenses in excess thereof in the manner therein after provided. If the first and/or last years of the term of this lease shall not be full calendar years, then the Tenant's obligation for operating expenses attributable to such years shall be prorated on the basis of the ratio between the number of days of such calendar years falling within the Lease term and 365.
Sample 1
THIRTY-NINTH. MISCELLANEOUS: Lessee, its employees, or agents shall not xxxx, paint, drill or in any way deface any walls, ceilings, partitions, floors, or ironwork without Lessor's written consent. Lessee will be responsible for the immediate replacement of its plate glass windows should said windows become damaged or cracked due to the negligence of Lessee or its invitees. Lessee will not install any equipment which exceeds the capacity of the utility lines leading into the leased premises or the building of which the leased premises constitutes a portion. Lessee shall give Lessor prompt written notice of any accident, fire or damage occurring on or to the Leased Premises. Lessee shall not erect signs of any type on any of the exterior windows of the building. If any provision of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. FORTIETH: ACCELERATION CLAUSE: In addition to all other rights granted to Lessor in this Lease and not as a limitation of said rights, in the event of a termination of this Lease as a result of a default by Lessee, Lessor shall have the right and option to accelerate all rental and/or additional rent due hereunder. In the event of a default, all rights and remedies available to Lessor shall be cumulative and non-exclusive.
Sample 1

Related to THIRTY-NINTH

  • EIGHTH The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Amended and Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation.

  • TWELFTH The Corporation may transact business in any part of the world.

  • SIXTH above; and (iii) to the extent that any amounts available for distribution pursuant to clause "FIFTH" above are attributable to the issued but undrawn amount of outstanding Letters of Credit, such amounts shall be held by the Agent in a cash collateral account and applied (A) first, to reimburse the Issuing Lender from time to time for any drawings under such Letters of Credit and (B) then, following the expiration of all Letters of Credit, to all other obligations of the types described in clauses "FIFTH" and "SIXTH" above in the manner provided in this Section 3.15(b).

  • ELEVENTH This Plan and Agreement shall become effective as of the date hereof, shall continue in force and effect until May 30th, 2001, and shall continue in force and effect from year to year thereafter, provided that such continuance is specifically approved at least annually by the board of directors of the Company and the Company's directors who are not "interested persons" (as defined in Section 2(a)(19) of the 1940 Act) of the Compaxx xxx xave no direct or indirect financial interest in the operation of this Plan and Agreement or in any agreements related to this Plan and Agreement (the "Independent Board Members") cast in person at a meeting called for such purpose, as contemplated by paragraphs (d) and (e) of Rule 12b-1 under the 1940 Act. Any amendment to this Plan and Agreement that requires the approval of the shareholders of Class K Shares pursuant to Rule 12b-1 under the 1940 Act shall become effective as to such Class K Shares upon the approval of such amendment by a "majority of the outstanding voting securities" (as defined in the 1940 Act) of such Clasx X Xxxxes, provided that the Board of Directors of the Company has approved such amendment.

  • NINTH The Company, on behalf of the Funds, and the Distributor shall each comply with all applicable provisions of the Act, the Securities Act of 1933, rules and regulations of the National Association of Securities Dealers, Inc. and its affiliates, and of all other federal and state laws, rules and regulations governing the issuance and sale of Class A Shares.

  • SEVENTH of Section 3.2 to "Distribution Date" shall be deemed to refer to such Scheduled Payment Date.

  • FIFTH The Corporation is to have perpetual existence.

  • THIRTEENTH The Board of Directors of the Corporation is expressly authorized to make, alter or repeal the By-Laws of the Corporation by a vote of the majority of the entire Board. The stockholders may make, alter or repeal any By-Law whether or not adopted by them, provided however, that any such additional By-Laws, alterations or repeal may be adopted only by the affirmative vote of the holders of two-thirds or more of the outstanding shares of capital stock of the Corporation entitled to vote generally in the election of directors (considered for this purpose as one class).

  • FOURTH The balance, if any, to the Person or Persons entitled thereto.

  • Railway Operation Date means the date of the first carriage of iron ore, freight goods or other products over the relevant Railway (other than for construction or commissioning purposes);

  • Plinth means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.

  • Total Fund Operating Expenses with respect to a Fund is defined to include all expenses necessary or appropriate for the operation of the Fund including the Adviser’s investment advisory or management fee under the Advisory Agreement and other expenses described in the Advisory Agreement that the Fund is responsible for and have not been assumed by the Adviser, but excludes front-end or contingent deferred loads, taxes, leverage expenses, interest, brokerage commissions, expenses incurred in connection with any merger or reorganization, unusual or infrequently occurring expenses (such as litigation), acquired fund fees and expenses, and dividend expenses, if any.

  • Commercial Operation Date (COD) means the date certified by the DISCOM’s committee upon successful commissioning (as per provisions of the PPA) of the project when all equipments as per rated capacity have been installed and energy has flown into the grid.

  • Reconciliation Date means the last calendar day of each Reconciliation Period.

  • The calculation date means the first date on which the purchasers of ordinary shares of the Company shall not be granted the rights to receive the dividend payment (the first date that the SET posts XD sign).

  • One means that some safety or health procedures/policies are present although major improvements are needed. (Little Activity).

  • Commercial Operation Date means the date on which a Material Project is substantially complete and commercially operable.

  • FOURTEENTH Meetings of the Directors may be held outside of the State of Delaware at such places as may be from time to time designated by the Board, and the Directors may keep the books of the Company outside of the State of Delaware at such places as may be from time to time designated by them.

  • Square feet or "square foot" as used in this Lease includes the area contained within the leased premises together with a common area percentage factor of the leased premises proportionate to the total building area.

  • Annual Operating Expenses for the Class means and will consist only of the following operating expenses of the Series for the Class that are, under generally accepted accounting principles, accruable and deductible from the Series’ assets with respect to the Class for the period involved: (i) investment advisory fees, if any; (ii) Rule 12b-1 distribution fees, if any; and (iii) custodian fees, shareholder servicing fees, administrative and office facilities expenses, professional fees, trustees’ fees and any other operating expenses of the Series with respect to the Class that are recorded or includable in the Series’ statement of operations in accordance with generally accepted accounting principles. Notwithstanding the provisions of the immediately preceding sentence, the Series’ “Annual Operating Expenses” for the Class do not include “acquired fund expenses”, interest and dividends on securities sold short, amortization of organization expenses, taxes, brokerage commissions, litigation and indemnification expenses or any costs or expenses of or for the Series with respect to the Class that are “extraordinary” as determined under generally accepted accounting principles (see Accounting Principles Board Opinion No. 30). Very truly yours, ROYCE & ASSOCIATES, LLC By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx Chief Operating Officer ACCEPTED: THE ROYCE FUND By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx Vice President The Royce Fund 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Re: Fee Waiver and Expense Reimbursement - Royce 100 Fund (Institutional Class) Gentlemen: Reference is made to the Investment Advisory Agreement dated June 30, 2003 (the “Agreement”) by and between The Royce Fund (the “Fund”) on behalf of Royce Heritage Fund (the “Series”) and Royce & Associates, LLC (the “Adviser”). Notwithstanding the provisions of Section 4 (Compensation of the Adviser) of the Agreement, the Adviser hereby waives compensation for services provided by it under the Agreement for the period beginning May 1, 2010 and ending April 30, 2011 (the “Period”), and/or agrees to reimburse expenses relating to the Period to the Series with respect to the Class in an amount, if any, necessary so that the Series’ “Annual Operating Expenses” for its Institutional Class of shares (the “Class”) are not more than 1.04% of the Class’ average net assets for the Period. The Adviser’s obligations to reimburse the Series with respect to the Class hereunder will not apply for any period when the Adviser is not rendering services to such Series under the Agreement.

  • Rentable Square Feet as used in the Lease will be deemed to include: (a) with respect to the Premises, the usable area of the Premises determined in accordance with the Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 (the "BOMA Standard"), plus a pro rata portion of the main lobby area on the ground floor and all elevator machine rooms, electrical and telephone equipment rooms and mail delivery facilities and other areas used by all tenants of the Building, if any, plus (i) for single tenancy floors, all the area covered by the elevator lobbies, corridors, special stairways, restrooms, mechanical rooms, electrical rooms and telephone closets on such floors, or (ii) for multiple tenancy floors, a pro-rata portion of all of the area covered by the elevator lobbies, corridors, special stairways, restrooms, mechanical rooms, electrical rooms and telephone closets on such floor; and (b) with respect to the Building, the total rentable area for all floors in the Building computed in accordance with the provisions of Subparagraph 1(a) above. In calculating the "Rentable Square Feet" of the Premises or the Building, the area contained within the exterior walls of the Building stairs, fire towers, vertical ducts, elevator shafts, flues, vents, stacks and major pipe shafts will be excluded.

  • First Amendment Date means October 29, 2021.

  • Floor Area Ratio (FAR) means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of plot.

  • Loan Year means each period of twelve (12) consecutive months commencing on the Closing Date and on each anniversary thereof.

  • Annual Renewal Date means the date in any calendar year, subsequent to the year in which the Policy comes into effect, corresponding numerically with the Policy Commencement date in that subsequent year.

  • TENTH The Board of Directors, by resolution passed by a majority of the whole Board, may designate any of their number to constitute an Executive Committee, which Committee, to the extent provided in said resolution, or in the By-Laws of the Company, shall have and may exercise all of the powers of the Board of Directors in the management of the business and affairs of the Corporation, and shall have power to authorize the seal of the Corporation to be affixed to all papers which may require it.

Most Referenced Clauses

Most Referenced Definitions