By Owners Sample Clauses

By Owners. Except as otherwise specifically provided herein, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members holding at least sixty-seven percent (67%) of the total votes in the Association, and the consent of the Declarant, so long as the Declarant has an option to subject additional property to this Declaration pursuant to Section 9.1. In addition, the approval requirements set forth in Article XIV hereof shall be met if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.

By Owners. The Owners shall execute and deliver, or cause to be executed and delivered, to Westgroup, the following documents (collectively, and together with this Agreement, the "Owners' Closing Deliveries"): (a) An Assignment of Lease in the form attached hereto as Exhibit "C" (the "Assignment of Lease"). (b) Two counterparts of each of an Amended and Restated Lease Agreement in the form of Exhibit "D" attached hereto (the "Lease Modification") and a Memorandum of Lease in the form of Exhibit "E" hereto (the "Lease Memorandum"). (c) Two counterparts of an Assignment and Assumption of Occupancy Leases in the form of Exhibit "F" attached hereto (the "Assignment of Occupancy Leases"). (d) A Xxxx of Sale in the form of Exhibit "G". attached hereto (the "Xxxx of Sale"). (e) An Assignment of Contracts, Permits and Other Rights in the form of Exhibit "H" attached hereto (the "Assignment of Contracts"). (f) All instruments required to transfer to Westgroup the Beverage License in the name of GICI, issued by the State of Florida, Department of Business and Professional Regulation, Bureau of Alcoholic Beverages and Tobacco. (g) For each Owner and if a partnership, its corporate general partners: (i) a Certificate of Good Standing, issued by the appropriate governmental authority; (ii) for each limited partnership, its Certificate of Limited Partnership, certified by the appropriate governmental authority; (iii) for each corporation, a copy of its articles of incorporation, certified by the appropriate governmental authority; (iv) for each corporation, a certificate of its corporate secretary, certifying as to the status of its articles of incorporation, bylaws, incumbent officers and the adoption of resolutions authorizing the execution and delivery by such corporation of the Owners, Closing Deliveries, on its own behalf and if such corporation is a general partner of any limited partnership Owner, on behalf of such partnership; and (v) for each partnership, a certificate of its general partner certifying as to the status of its partnership agreement. (h) Such affidavits, certificates and additional items as are sufficient to enable deletion, on the Closing Date, of the exceptions set forth on the Title Commitment as items B-1 (3) through (8), (11), (12), (13) and B-2 (1), (2) a., d., and e. (i) A letter from City National Bank of Florida ("CNB") in the form of Exhibit "I" hereto. (j) Two counterparts of a Subordination, Non-Disturbance and Attornment Agreement in the form o...

By Owners. Except as otherwise specifically provided herein these By-Laws may be amended only upon a resolution duly adopted by the Board and approved by the affirmative vote or written consent, or any combination thereof, of Members holding seventy-five percent (67%) of the total votes in the Association, including seventy-five percent (67%) of the votes held by Members other than the Declarant, and the consent of the Class “B” Member, so long as such membership exists. In addition, the approval requirements set forth in Article XIV of the Declaration shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any amendment to be effective must be recorded in the RMC Office of Greenville County, South Carolina. If an Owner consents to any amendment to the Declaration or these By-Laws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant or the assignee of such right or privilege. DOCS47 Upon record ing, please return to: Law Offices of Xxxxxxx X. Xxxx 0000Xxxxxxx 0x Xxxxxxx, SC 29356 (000) 000-0000 ... STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE - ·:- ,-. 1qqq oc 3o P = 1 2 . · . ' .. ·,. . ·.· ... ) REFERENCES: ) DEED BOOK 1564 AT PAGE 360 ) DEED BOOK 1612 AT PAGE 1094 AMENDMENT TO AND SUPPLEMENT OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE CLIFFS AT GLASSY THIS AMENDMENT TO AND SUPPLEMENT OF THE DECLARATION is made this 30th day of December, 1999, by The Cliffs at Glassy, Inc., a South Carolina corporation (hereinafter referred to as "Declarant").

By Owners. Each Owner, severally and not jointly and severally, agrees to indemnify, defend and hold harmless GP Assignee and Assignee from and against any and all losses, damages, claims, liabilities, actions, suits, proceedings and costs and expenses of defense thereof, including reasonable attorneys' fees, suffered or incurred by reason of or arising out of the breach of such Owner's obligations, representations, warranties and covenants contained in this Agreement. The liability of each Owner pursuant to the provisions of this Section 13.A shall be limited, as to each demand, loss, damage, claim or liability, to the portion thereof which is derived by multiplying the amount of such item times the percentage interest of such Owner designated on Exhibit A hereto under the column "Total Partnership Interest". This indemnity shall survive the Closing and delivery of the Initial Interest Assignments and shall not be merged therein; PROVIDED, HOWEVER, that each Owner's liability shall not extend to those liabilities typically assumed by an assignee in connection with the direct acquisition of a property (as opposed to the acquisition of partnership interests in a partnership that retains ownership of a property) nor to liabilities resulting from the physical condition of the Property (by reason of the fact that Assignee is concluding this transaction with the Property being in its "as is" "where as" condition as of the Closing Date and in the context of the disclaimers set forth in Section 14.D below); and PROVIDED FURTHER that Owners shall have no liability except to the extent the loss suffered by GP Assignee and Assignee as a result of such claims exceeds $10,000 in any one instance or $25,000 in the aggregate.

By Owners. This Declaration may be amended only by the affirmative vote or written proxy, or any combination thereof, of Voting Members representing at least two-thirds (2/3) of the votes cast at a duly called meeting to consider such amendment. A copy of each adopted amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which certificate shall identify the Book and Page of the Public Records where the Declaration is recorded and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida.

By Owners. Purpose. Owners can freely transfer their interest in the Property; however, they can only transfer under and subject to the Agreement, whether or not specifically mentioned in the deed of transfer. This provision also sets forth the understanding of Owners and the Holder that the Agreement is not just the agreement of the undersigned Persons but binds and benefits all Persons who succeed to their respective interests.

By Owners. This Agreement is a servitude running with the land binding upon the undersigned Owners and, upon recordation in the Public Records, all subsequent Owners of the Trail Area or any portion of the Trail Area are bound by its terms whether or not the Owners had actual notice of this Agreement and whether or not the deed of transfer specifically referred to the transfer being under and subject to this Agreement. This Agreement binds and benefits Owners and Holder and their respective personal representatives, successors and assigns.

By Owners. (i) In the case of an amendment that cannot be made unilaterally by Declarant because it does not meet the requirements of Section 11.2(a), this Declaration may be amended upon the approval of all Owners whose rights or obligations will be affected by such amendment. Each such amendment of this Declaration will be evidenced by an instrument in writing, signed and acknowledged by all required Owners, setting forth the full text of such amendment, the appropriate recording data of this Declaration, and certifying that such amendment has been approved by the affirmative vote of all required Owners. The amendment will become effective on the recording of the amendment in the Public Records. (ii) After the occurrence of a Declarant Resignation Event, this Declaration may be amended at any regular or special Association meeting, called and convened in accordance with the provisions of the then-current bylaws or other governing documents of the Association, upon the affirmative vote of a majority of the total voting interests in the Property, unless a different vote is required by the specific provisions of this Declaration. Each such amendment of this Declaration will be evidenced by an instrument in writing, signed and acknowledged by any two (2) officers of the Association, setting forth the full text of such amendment, the appropriate recording data of this Declaration, and certifying that such amendment has been approved by the affirmative vote of the necessary amount of votes. The amendment will become effective on the recording of the amendment in the Public Records.

By Owners. Subject to Section 7.1, Owners shall indemnify, defend, save and hold harmless Manager and its Affiliates, and the officers, directors, employees, agents and representatives of Manager and its Affiliates, from and against any and all Losses in respect of any claims made by third parties (including, without limitation, claims made by any governmental authority, any customer, contractor, vendor, representative or agent of an Owner) arising out of (i) this Agreement (including, without limitation, arising from (x) a failure by Owners to make available to Manager at any time sufficient funds to perform the Asset Management Services or (y) the non-performance of any Asset Management Services pursuant to Section 2.4(c)), or (ii) the performance by Manager (or its Affiliates or their respective officers, directors, employees, representatives or contractors) of its obligations under this Agreement or otherwise arising in connection with, or as a result of, Manager’s management of Owners or the Projects from and after June 18, 2020; provided, however, that in no event shall any Owner be liable for any Lo ss for which Manager is obligated to indemnify the Owners or other Indemnitees pursuant to Section 6.1.

By Owners. Except as specifically provided in this Declaration, each Owner shall furnish and be responsible for the maintenance of all portions of his Lot. All fixtures and equipment installed within or as part of the Dwelling Unit, commencing at the points where the utility lines, pipes, wires, conduits or systems enter the Lot upon which said Dwelling Unit is located, shall be maintained and kept in repair by the Owner thereof. Each Owner shall promptly perform all maintenance and repair of his/her Lot and Dwelling Unit which, if neglected, might adversely affect any other Lot or Dwelling Unit or any part of the Common Area owned by the Association. Such maintenance and repairs include, but are not limited to, all exterior surface, siding, roof, gutters, internal water lines, plumbing, electric lines, gas lines, appliances, and all other fixtures, equipment and accessories belonging to the Owner and a part of or appurtenant to his Dwelling Unit or Lot.