Buyer’s Undertaking a) The Parties acknowledge that Gas is a hazardous commodity and that the installation and operation of Gas facilities requires specialist skills. Accordingly, the Buyer unequivocally undertakes and agrees that it shall not commit any unauthorized use of Sales Gas and shall at all times throughout the Contract Period use the Sales Gas purchased under this Contract solely for the purpose as confirmed by the Buyer in the Bid Document.
Buyer’s Undertaking. Buyer hereby covenants and agrees that it shall cause all studies, investigations and inspections performed at the Property pursuant to this Section 3 to be performed in a manner that does not materially or unreasonably disturb or disrupt the development of the Property or the tenancies or business operations of any of the tenants of the Property. In the event that, as a result of Buyer's exercise of its rights under Section 4(a) or Section 4(b), physical damage occurs to the Property, then Buyer shall promptly repair such damage, at Buyer's sole cost and expense, so as to return the Property to substantially the same condition as existed prior to such damage. Buyer hereby indemnifies, protects, defends and holds Seller harmless from and against any and all losses, damages, claims, causes of action, judgments, damages, costs and expenses that Seller actually suffers or incurs as a direct result of any physical damage caused to, in, or at the Property during the course of, or as a result of, any or all of the studies, investigations and inspections that Buyer elects to perform (or causes to be performed) pursuant to this Section 4.
Buyer’s Undertaking. Buyer's Undertaking" means the undertaking of the Buyer granted to the Seller pursuant to Paragraph 10 of this DFT Terms confirmation.
Buyer’s Undertaking. The Buyer unilaterally hereby irrevocably and unconditionally undertakes to the Seller, in respect of each Payment Date, that if:
Buyer’s Undertaking. The Buyer unilaterally hereby irrevocably and unconditionally undertakes to the Seller, in respect of each Payment Date, that if the Seller delivers to the Buyer an Exercise Notice on or prior to, and with respect to, the Exercise Date with respect to such Payment Date, the Buyer will
Buyer’s Undertaking. During the Restricted Period, as long as Seller is not in material breach of any obligation under the Transaction Documents, Buyer shall not, and shall not permit any of its Affiliates to, directly or indirectly, (i) engage in or assist others in engaging in the Buyer’s Restricted Business in the Territory; (ii) have an interest in any Person that engages directly or indirectly in the Buyer’s Restricted Business in the Territory in any capacity, including as a partner, shareholder, member, employee, principal, agent, trustee or consultant; or (iii) cause, induce or encourage any material actual or prospective client, customer, supplier or licensor of the Buyer’s Restricted Business (including any existing or former client or customer of Buyer and any Person that becomes a client or customer of the Buyer’s Restricted Business after the Closing), or any other Person who has a material business relationship with the Buyer’s Restricted Business, to terminate or modify any such actual or prospective relationship. Notwithstanding the foregoing, Buyer may own, directly or indirectly, solely as an investment, securities of any Person traded on any national securities exchange if Buyer is not a controlling Person of, or a member of a group which controls, such Person and does not, directly or indirectly, own 5% or more of any class of securities of such Person.
Buyer’s Undertaking. In the event that, as a result of Buyer’s exercise of its rights under Sections 3.1, 3.2, 3.4 or 3.5, any damage occurs to the Property, then Buyer will promptly repair such damage, at Buyer’s sole cost and expense. Buyer will bear the risk of loss to Xxxxx’s personal property, if any, located on the Property and hereby releases Seller from any and all damage or claim related to such loss. Buyer hereby holds harmless and indemnifies Seller from and against any and all losses, damages, claims, causes of action, judgments, costs and expenses that Seller may suffer or incur as a result of any damage caused to the Property during the course of, and as a result of: (i) any or all of the studies, investigations and inspections that Xxxxx performs or has performed at Xxxxx’s request pursuant to this Section 3; or (ii) any act or omission of Buyer, or its employees, agents and contractors. Any and all liens on any portion of the Property resulting from the actions or requests or otherwise at the instance of Buyer will be removed by Xxxxx, at Buyer’s expense, within fifteen (15) days after notice thereof is given to Buyer. Buyer’s obligations under this Section 3.7 will survive the termination of this Contract.
Buyer’s Undertaking. Buyer hereby covenants and agrees that it shall cause all studies, investigations and inspections performed at the Property pursuant to this Section 4.2 to be performed in a manner that does not materially or unreasonably disturb or disrupt the tenancies at or business operations of the Property. In the event that, as a result of Buyer's exercise of its rights under Sections 4.2(a) and 4.2(b), physical damage occurs to the Property, then Buyer shall promptly repair such damage, at Buyer's sole cost and expense, so as to return the Property to substantially the same condition as exists on the Contract Date. Buyer hereby indemnifies, protects, defends and holds CILP, COLP and the Partnership harmless from and against any and all losses, damages, claims, causes of action, judgments, damages, costs and expenses that CILP, COLP or the Partnership actually suffers or incurs as a direct result of any physical damage caused to, in, or at the Property during the course of, or as a result of, any or all of the studies, investigations and inspections that Buyer elects to perform (or causes to be performed) pursuant to this Section 4.2.
Buyer’s Undertaking. Buyer hereby covenants and agrees that it shall cause the Environmental Studies to be performed in a manner that does not unreasonably disturb or disrupt the business operations of Seller. If Buyer performs a Phase II Study (which may include physically intrusive investigations of the Land and Improvements, such as sampling of soils and other media), Buyer shall provide a written scope of work to Seller describing in reasonable detail the procedures Buyer desires to perform and request Seller's express written consent to the Phase II Study, which consent shall not be unreasonably withheld, delayed, or conditioned. Buyer and Buyer's Representatives shall, in performing the Environmental Studies, comply with the agreed on procedures and with any and all Laws (as defined below) applicable to such procedures or to the Land and Improvements, or both. Neither Buyer nor Buyer's Representatives shall report the results of the Environmental Studies to any Governmental Authority (as defined below) under any circumstances without first obtaining Seller's express
Buyer’s Undertaking. 14.1 The Buyer hereby undertakes to the Seller that as soon as is reasonably practicable following Completion, it shall establish or cause the Company to establish a bonus scheme (the "Employee Scheme") the purpose of which is to provide a means of incentivising and retaining the Company's employees (including, without limitation, those of the Company's employees who are employed by the Company at the date of Completion). The Employee Scheme shall be structured having regard to the tax and other benefits and costs to the Buyer, the Company and the participating employees and shall, in all material respects, provide the benefits to the Company's employees set out in the Employee Scheme Summary. For the avoidance of doubt, the performance targets set out in the Employee Scheme Summary are based upon the Company carrying on business in the ordinary course as carried on at the date of Completion and it is therefore acknowledged that appropriate changes to such targets and/or the scheme may be required in the event of any material change to the Company's business after the date of Completion.
