and Exhibit D. This Article 5.2 shall not apply to acts or omissions of a Member in implementing the GSP adopted by the Agency within such Member’s boundaries or a Management Area managed in whole or in part by such Member.
and Exhibit D. (a) Lessee shall procure at its own expense and maintain in full force and effect at all times throughout the Term (including, if applicable, any Extended Period of Operatorship) insurance policies with insurance companies rated A–, 8 or higher by A.M. Best or acceptable to Lessor if not so rated, and authorized to do business in the State of Texas.
and Exhibit D. Upon such termination, Empire shall assign and deliver, and Abbott shall be entitled to retain for its own use, all materials (Compound, bulk, raw venom and processed clinical material), studies and information relating to the Compound and shall be granted a license to all Improvements as set forth in Section 4.7 hereof.
and Exhibit D. Notwithstanding the foregoing, Lubrizol agrees to discuss with Braeburn any suggested Significant Change if such change is required by a Regulatory Authority. Lubrizol is not permitted to make any Significant Change that affects the GMP Product without notifying Braeburn, except as may be authorized in a separate Quality Agreement among the Parties. Braeburn shall be solely responsible for making the final determination as to whether such changes require Regulatory Approval for IDDS Products prior to implementation and for filing and obtaining any required Regulatory Approvals for IDDS Products, as necessary.
and Exhibit D. 18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises in a tenantable condition, and the under said sections or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense.
and Exhibit D. If Concessionaire desires to install any equipment which shall exceed the capacity of any utility facilities or which shall require additional utility facilities, Concessionaire shall not have the right to do so without the Director’s prior written approval of Concessionaire’s plans and specifications therefor. If such installation is approved by the Director, and if such additional facilities are provided to accommodate Concessionaire’s installation, Concessionaire agrees to pay the City, on demand, the cost of providing such additional utility facilities or utility facilities of greater capacity. Concessionaire shall in no event use any of the utility facilities in any way which would overload or overburden the utility systems at the Terminal and the Airport. The City shall have the right to impose reasonable restrictions and require Concessionaire to comply with any state or local regulations or measure adopted from time to time with respect to conservation of any utilities including water usage.
and Exhibit D. (e) In the event Lessee fails to take out or maintain the full insurance coverage required by this Section 6.2 and Exhibit D, Lessor, upon thirty (30) days’ prior notice (unless the aforementioned insurance would lapse within such period, in which event notice should be given as soon as reasonably possible) to Lessee of any such failure, may (but shall not be obligated to) take out the required policies of insurance and pay the premiums on the same. All amounts so advanced by Lessor shall become an additional obligation of Lessee to Lessor, and Lessee shall forthwith pay such amounts to Lessor.
and Exhibit D. Upon request, Lessee will promptly furnish Lessor with copies of all insurance certificates, binders, and cover notes or other evidence of such insurance relating to the Permian Assets.
and Exhibit D. If Summit does not timely elect, or is not entitled, to terminate this Agreement with respect to a Project as set forth above, the Purchase Price shall not be reduced except as hereinafter set forth, but Summit shall be entitled to an assignment of, and the right to make a claim for and to retain, all of the proceeds payable to Investor of fire or other casualty insurance (other than those proceeds expended by or on behalf of Investor prior to the Closing to restore such Project), all business interruption insurance proceeds (if any) payable with respect to the period from and after the Closing, and all condemnation awards payable to Investor (other than any portion of the award in respect of income lost prior to the Closing or expended by or on behalf of Investor prior to the Closing to restore the Project or in connection with the collection of the award), as the case may be, and Investor shall have no obligation to repair or restore the applicable Project; provided, however, that in the case of any insured casualty, (A) Investor shall promptly file appropriate claims under all applicable insurance policies and use commercially reasonable efforts both before and after the Closing to collect the maximum amount of insurance proceeds available under such policies on behalf of Summit, (B) Summit shall receive a credit against the cash due at the Closing for the amounts of any uninsured damage, any self-insured retention and the deductible on such casualty insurance policy, less any amounts reasonably and actually expended by Investor to remedy any unsafe conditions at the applicable Project or to repair or restore any damages, in no event to exceed the amount of the proceeds, (C) all right, title and interest of Investor in and to any insurance proceeds resulting from such casualties shall be the property of Summit (other than on account of business or rental interruption relating to the period prior to the Closing), less any amounts reasonably and actually expended by Investor to remedy any unsafe conditions at the applicable Project or to repair or restore any damages, in no event to exceed the amount of the proceeds, and (D) Investor will provide to Summit at the Closing, or as soon thereafter as practicable, written assignments of the applicable insurance policies with respect to the casualty, or if the policies themselves are not assignable, the proceeds collectible thereunder, to the extent permitted by the terms of such policies and by the insurers.
and Exhibit D. Landlord's only obligation to provide services to Tenant's Storage Space shall be to provide lighting. Tenant hereby acknowledges that no heating, air conditioning or any service other than lighting shall be provided to Tenant's Storage Space.
