Xxxxx Ltd and anor. ;
Xxxxx Ltd. [1927] 2 KB 1; and Xxxxxx x Xxxx – [1953] 2 ALL ER 118. [94] During the trial, the claimant never sought to, nor did respond to the allegation made by the defendant, in his witness statement that he (the claimant) had caused damage to the office and workshop. Furthermore, the claimant’s counsel never cross-examined the defendant as to the alleged damage that had been caused by the claimant to the office and workshop, other than to the very limited extent of cross-examining him as to the claimant having, when he left the property, left the walls and roof of the property intact. The defendant agreed with that, when he was cross-examined about same. [95] This court finds it proven on a balance of probabilities, that the claimant breached the implied covenant to maintain the demised premises in a tenantable state of repair and also, that he breached the express covenant to keep the office in, ‘a clean and organized state at all times.’ [96] What the defendant has been wholly unable to prove though, is the loss in the sum of $1,624,902.46, allegedly incurred by him, to repair the extended office. The defendant should have produced to this court, documentary proof of such expense of repair, having been incurred by him. He did not do so. In the circumstances, this court finds the claimant liable for breach of contract in that respect, but will only award to the defendant, nominal damages in the sum of $30,000.00 for same. [97] This court’s judgment orders are therefore as follows:
Xxxxx Ltd hereby acts as the primary obligor and joint debtor of the Sellers, and hereby guarantees, in the capacity of guarantor, the performance of all obligations undertaken, and as well as the representations and warranties granted by the Sellers in this Agreement, and shall be held liable for any payments, indemnifications and other obligations undertaken by the Sellers hereunder. Xxxxx Ltd. hereby expressly waives any privileges and/or benefits conferred upon by the Brazilian Civil code to the guarantors by means of Articles 827, 834, 835, 837 and 839. This guarantee shall be valid for the validity period of the Agreement, as amended. Xxxxx Ltd. hereby declares the consent thereof with respect to any and all amendments hereto, as well as any novation, extension or renewal of payment dates and modifications of the terms and conditions of the Agreement.
Xxxxx Ltd and BBH, on irrevocable and irreversible basis, as a condition to a bilateral transaction, hereby nominate and appoint BFE as their attorney-in-fact, with full powers to represent Xxxxx Ltd. and BBH in connection with any matters and claims This agreement is filed as a translation from the original Portuguese language version and is supplied solely for informational purposes. The original version in the Portuguese language is the definitive agreement and is the version that has legal force and effect. regarding this Agreement and the other Transaction Documents, and may including be given notifications, service of process and subpoenas on behalf of Xxxxx Ltd. and BBH, for all purposes. If BFE is liquidated, wound up and/or dissolved for any reason, declared bankrupt or insolvent, Xxxxx Ltd. and BBH shall, within a period of 2 (two) Business Days counted from the respective action, appoint an attorney-in-fact to substitute BFE and promptly inform the Buyer about such substitution. During the validity period hereof, Xxxxx Ltd. undertakes to keep, at all times, an attorney-in-fact with head office, resident and/or domiciled in Brazil for the purposes stated above.
Xxxxx Ltd. A company organized and existing under the laws of the State of Israel (hereinafter: “Media”) on the first part and
Xxxxx Ltd. The student also agrees that any product of human intellect that is made known by the Student during the provision of SSMI training to the student, or any physical or virtual meeting between SSMI and the Student that occurs after acceptance of this agreement, regardless of the type or form that intellectual product takes, becomes the intellectual property of Xx. Xxxxx X. Xxxxx, Ltd. unless otherwise agreed to by the Parties.
Xxxxx Ltd. The Student agrees that any type or form of SSMIP used by the student will only occur in accordance to the terms and conditions of this agreement. The Student agrees that all instructional materials issued to the Student for training and/or educational purposes will not be transferred or sold to another party for any reason or at any time whatsoever. In the event the Student breaches the terms and conditions of this agreement, the student agrees that SSMI has the irrevocable right to recall any or all of the instructional and/or supporting materials, as well as any other SSMIP issued to the Student by SSMI prior to, during or after the educational, training and/or certification program of study in which the Student was duly enrolled, regardless of whether or not the Student completed the program of study.
Xxxxx Ltd an Arizona corporation, who being authorized to do so, executed the foregoing instrument on behalf of said entity for the purposes therein stated. Notary Public My Commission Expires: RYG 120, L.L.C., an Arizona limited liability company By: Printed Name: Title: Date: STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) The foregoing Amended and Restated Development Agreement for Copper Mountain Ranch was acknowledged before me this day of , 2007 by , a of RYG 120, L.L.C., an Arizona limited liability company, who being authorized to do so, executed the foregoing instrument on behalf of said entity for the purposes therein stated. Notary Public My Commission Expires: RBD 40, L.L.C., an Arizona limited liability company By: Printed Name: Title: Date: STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) The foregoing Amended and Restated Development Agreement for Copper Mountain Ranch was acknowledged before me this day of , 2007 by , a of RBD 40, L.L.C., an Arizona limited liability company, who being authorized to do so, executed the foregoing instrument on behalf of said entity for the purposes therein stated. Notary Public My Commission Expires: RRY REAL ESTATE, L.L.C., an Arizona limited liability company By: Printed Name: Title: Date: STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) The foregoing Amended and Restated Development Agreement for Copper Mountain Ranch was acknowledged before me this day of , 2007 by , a of RRY REAL ESTATE, L.L.C., an Arizona limited liability company, who being authorized to do so, executed the foregoing instrument on behalf of said entity for the purposes therein stated. Notary Public My Commission Expires: VAL VISTA/W XXXXXX LIMITED PARTNERSHIP, an Arizona limited partnership By: Printed Name Title: Date: STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) The foregoing Amended and Restated Development Agreement for Copper Mountain Ranch was acknowledged before me this day of , 2007 by , a of VAL VISTA/W XXXXXX LIMITED PARTNERSHIP, an Arizona limited partnership, who being authorized to do so, executed the foregoing instrument on behalf of said entity for the purposes therein stated. Notary Public My Commission Expires: E X HI BI T “ A” LE GAL DE SC R I PT I ON E X HI BI T “ B” E X HI BI T “ C” DE V E L OPM E NT PL AN E X HI BI T “ D” C xxxxx M ountain R anch C FD District Development, F inancing Participation, and W aiver and I ntergovernmental Agreement AM E NDE D DI ST R I CT DE V E L OPM E NT , FI XXXX X XX PAR T I C I XXX I ON, W AI V E R...
