06A Clause Samples

06A. The Special Servicer shall withdraw from each REO Account and remit to the Master Servicer for deposit into the Collection Account or for a Serviced Whole Loan, the related Whole Loan Custodial Account, on a monthly basis prior to the related Master Servicer Remittance Date the Net REO Proceeds received or collected from each REO Property, except that in determining the amount of such Net REO Proceeds, the Special Servicer may retain in each REO Account reasonable reserves for repairs, replacements and necessary capital improvements and other related expenses. Notwithstanding the foregoing, the Special Servicer shall not:

06A. Temporary vacancies shall include those arising from illness, injury, leave, emergency, or vacation, or new position of a finite nature, not to exceed one hundred eighty (180) days. Should a nurse fill a temporary vacant shift, the nurse shall have a right to return to their previous position, shift, and status when the temporary shift is completed.

06A. 2, the Borrower at its option, upon at least one (1) Business Day's notice to the Bank, prepay the New Line of Credit Note in whole or in part with accrued interest to the date of such prepayment on the amount prepaid.

06A. 2, as amended by this Fifth Amendment, shall apply to LIBOR-Based Rate Advances under the New Line and the New Term Loan."

06A. 1 in subsection 2.06A.2(a)(i) thereof, and (ii) by adding the phrase "or the New Line or the New Term Loan" after the words "Term Loan" wherever used therein.

06A. For the purpose of convenience, in the instance where the vendor does not print on each invoice the acknowledgment as described in the prior sentence, an "Invoice Rider" (a copy of which is attached hereto as Exhibit C-3) can be utilized for record keeping purposes. The Company shall retain copies of all such contracts, agreements, invoices, bills and purchase orders for a period of not less than six (6) years from the date thereof. For each Subagent the Form ST-123 shall be completed as follows: (i) the "Project information" section of Form ST-123, attached hereto as Exhibit C-2, should be completed using the name and address of the Facility as indicated on the Form ST-60 used to appoint the Subagent; (ii) the date that the Subagent was appointed as indicated on the Form ST-60. All contracts entered into by the Company and all Subagents thereof as agent for the Agency shall include the language contained within Schedule C attached hereto. Failure by the Company and/or any Subagent thereof to include such language may disqualify the agent status and Sales Tax Exemption derived by virtue of this Project Agreement. The Company, for itself and on behalf of all duly appointed Subagents, hereby agrees that all contracts entered into by the Company and any Subagents thereof shall be available to the Agency for inspection and confirmation of the foregoing mandatory language.

06A. 06A is amended by deleting the word "and" at the end of clause (e), inserting "; and" in place of the period after clause (f), and adding a new clause (g) to read as follows:

06A. Whenever the leave is necessitated by the serious health condition of the employee or his/her family member and is foreseeable based upon planned medical treatment, the employee shall provide the Superintendent with no less than thirty (30) days prior written certification issued by a health care provider to support his/her request for leave. If an employee requires intermittent leave as set forth below or a reduced work schedule the employee shall provide the Superintendent with no less than thirty

06A. Question 1: Can the Company “break” an overtime assignment, out of concern for an employee’s safety and/or productivity and offer the rest of the overtime to another employee in the work unit by using the overtime list?