ITEMS NOT INCLUDED Sample Clauses

ITEMS NOT INCLUDED. The Walk-Through Survey (a) is limited to the major systems of the building and improvements, (b) renders only the opinion of the field observer and (c) is based upon items readily accessible and observable. The Walk-Through Survey is essentially visual and does not imply that every defect will be discovered. The parties agree that the ASTM E-2018 standards, most current edition, shall define the standard of duty and the conditions, limitations, and exclusions of the Walk-Through and are incorporated by reference herein. Latent and concealed defects and deficiencies, including but not limited to, basement flooding, basement seepage and roof leakage, are excluded from this inspection. The Walk-Through Survey and PCR exclude and do not cover those items indicated as “untested” or “not observed” and the Walk-Through Survey is not intended to detect, identify, alert, or disclose any health or environmental concerns regarding the building(s) and/or adjacent property, including, but not limited to, the presence of asbestos, radon, lead, urea formaldehyde, fungi, mold, conditions related to mold, bio-organic growth, conditions related to animals, rodents, insects, wood-destroying insects or organisms, pathogenic organisms, PCB's, or any other toxic materials or substances contained in the water, air, soils, or building materials or products. The Walk-Through Survey specifically excludes flammable materials; water testing; telephone systems; intercom systems; security systems; antennas; swimming pools and pool equipment; spas; energy efficiency measurements; underground storage tanks; underground drainage; irrigation; outdoor grills; low voltage exterior lighting; remote overhead door transmitters and receivers; concealed or underground electric and plumbing; systems which are shut down or otherwise secured; private sewer systems; water xxxxx; chimney draft; zoning or other ordinances; and building code conformity. All items indicated as being excluded in the ASTM E-2018 standards are also excluded herein. The CLIENT understands that these systems and conditions and information about them are excluded from this Inspection and Report. Any general comments which may appear about these systems and conditions are provided as a courtesy only and DO NOT represent or form a part of the Walk-Through Survey.
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ITEMS NOT INCLUDED. 1. Earth, rocks, concrete, loose construction and demolition materials, trees or parts thereof. See section C (4) for bulk items collection.
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ITEMS NOT INCLUDED. Specifically not included are any services for equipment not included on Exhibit A, identified by LXE serial number, for the Covered Site. Any equipment or Software not purchased from LXE are excluded unless LXE expressly agrees to add any such equipment or Software to the Agreement.
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ITEMS NOT INCLUDED. For purposes of § 10.873(b) of this subpart, the words “direct costs of processing operations” do not include items that are not directly attributable to the good or are not costs of growth, production, or manufacture of the good. These include, but are not limited to:
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ITEMS NOT INCLUDED. Notwithstanding anything herein to the contrary, it is understood that Seller is not transferring, and Buyer is not acquiring pursuant to this Agreement, any of the following properties and assets, all of which shall be retained by Seller after each Closing Date (“Excluded Assets”):
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ITEMS NOT INCLUDED. Our work does not include any provisions for: Fire Extinguishers Additional Emergency/Exit lights resulting from tenant fixturing (racks/office partitions) Energy Management System Utility bills after permanent meters are installed Thickened floor slab for heavy machinery Security System Telephone, Data, Computer and Intercom Equipment Wiring Appliances and Vending Xxxxxx Duct Lockers Process Wiring Office equipment, furniture, or partitions Machine pits Payment or performance bonds Site lighting above code Hose bibs Lighting contactors Building modifications for egress per tenant racks, conveyors or storage racks. Painting of the interior precast, bar joists, ceiling or columns EXHIBIT B to EXHIBIT C EXHIBIT D LIST OF ENVIRONMENTAL MATERIALS ON TENANT PREMISES Category Details Requirements Organic Solvents Acetonitrile, 2-propanol, methanol Flammable material storage cabinet required Acids (Liquids) 70% isopropanol, Acetone, Reagent Alcohol Glacial Acetic Acid, Hydrochloric, Sulfuric Acid Acid safety cabinet required Bases (Liquids) Trifluoracetic Acid, Phosphoric Acid, Nitric Acid and Citric Acid (solid), Sodium Hydroxide, Ammonia Base Safety Cabinet preferred EXHIBIT E RULES AND REGULATIONS ******************************************************
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ITEMS NOT INCLUDED. 6.1 Muzak or telephone communications.
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Related to ITEMS NOT INCLUDED

  • Other Arrangements Not Excluded The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article X:

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Number; Inclusion references to the plural include the singular, the plural, the part and the whole; “or” has the inclusive meaning represented by the phrase “and/or,” and “including” has the meaning represented by the phrase “including without limitation”;

  • Claims Excluded The following are excluded from Company’s agreement to indemnify an Indemnitee under this Section 4.02:

  • Shares Includable Each Participating Investor may include in the Proposed Key Holder Transfer all or any part of such Participating Investor’s Capital Stock equal to the product obtained by multiplying (i) the aggregate number of shares of Transfer Stock subject to the Proposed Key Holder Transfer (excluding shares purchased by the Company or the Participating Investors pursuant to the Right of First Refusal or the Secondary Refusal Right) by (ii) a fraction, the numerator of which is the number of shares of Capital Stock owned by such Participating Investor immediately before consummation of the Proposed Key Holder Transfer (including any shares that such Participating Investor has agreed to purchase pursuant to the Secondary Refusal Right) and the denominator of which is the total number of shares of Capital Stock owned, in the aggregate, by all Participating Investors immediately prior to the consummation of the Proposed Key Holder Transfer (including any shares that all Participating Investors have collectively agreed to purchase pursuant to the Secondary Refusal Right), plus the number of shares of Transfer Stock held by the selling Key Holder. To the extent one (1) or more of the Participating Investors exercise such right of participation in accordance with the terms and conditions set forth herein, the number of shares of Transfer Stock that the selling Key Holder may sell in the Proposed Key Holder Transfer shall be correspondingly reduced.

  • Dispositions Not Authorized No Grantor is authorized to sell or otherwise dispose of the Collateral except as set forth in Section 4.1(d) and notwithstanding any course of dealing between any Grantor and the Administrative Agent or other conduct of the Administrative Agent, no authorization to sell or otherwise dispose of the Collateral (except as set forth in Section 4.1(d)) shall be binding upon the Administrative Agent or the other Secured Parties unless such authorization is in writing signed by the Administrative Agent with the consent or at the direction of the Required Lenders.

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