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 14 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"):
By Owners. Except where a greater percentage is required by express provision in this Declaration, the provisions of this Declaration, other than this Article XIII, any amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Association, and such amendment shall be effective upon its recordation with the Canyon County Recorder. Any amendment to this Article XIII shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association.
By Owners. Subject to the limitations set forth in this Section and Sections 7.1 and 7.3 and the other limitations set forth in this Agreement, from and after the Effective Time, Purchaser and its Affiliates and their respective stockholders, directors, officers, employees, agents, successors in interest and assigns (each of the foregoing being referred to individually as an “Indemnified Person” and collectively as “Indemnified Persons”) will be entitled to be indemnified by the Owner for Losses actually incurred by such Indemnified Person as a result of (i) any inaccuracy or breach of any representation or warranty of the Company or Owner set forth in Section 3 (other than Sections 3.7(c) (Company Debt), 3.21 (Taxes) and 3.22(g) (Compensatory Stock Rights)), (ii) the breach of any covenant of the Company or an Owner in this Agreement.
By Owners. Except for the maintenance, repair and replacement obligations of the Master Association as expressly provided in Section 3.2, each Owner shall be responsible for the construction, maintenance, repair and replacement, at its own expense, of the Site Improvements and Common Improvements located on its Lot.
By Owners. Except as provided in sections 12.02A and 12.02B above, this Supplemental Declaration may be amended by the recording in the Jefferson County, Colorado, real property records of an instrument executed and acknowledged by the owners of at least seventy-five percent (75%) of the Lots subject to this Supplemental Declaration at the time of the amendment.
By Owners. Except where a greater percentage is required by an express provision in this Declaration, the provisions of this Declaration, may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Association, certifying that such amendment has been approved by a vote or written consent of 67% of the Class A Members and 100% of the Class B Members (for so long as Class B Memberships shall exist) and such amendment shall be effective upon its recordation with the Salt Lake County Recorder.
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 Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Owners, including all subsequent owners of the Property. In the event that the Owners lease some or all of the Unleased Premises to any person other than R.H. Phillips, txx Xxxxxx xxxll require that lessee to execute a written agreement to be bound by the terms of this Agreement.
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.