By the Owner. The Owner represents and warrants to Apple that all the following representations and warranties in this Article III are as of the date of this Agreement, and will be, as amended or supplemented pursuant to Section 6.08, on the date of the Closing and the IPO Closing Date, true and correct:
By the Owner. The Owner may terminate this contract, by issuing a written notice not less than thirty
By the Owner. The Owner, at its own expense, shall defend, indemnify and hold the Manager harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) (each, a “Claim”) incurred by or asserted against the Manager to the extent resulting or arising from the Manager’s performance of its obligations under this Agreement or from the Owner’s failure to comply with or perform its obligations under this Agreement, except for Claims which arise out of the Manager’s willful misconduct, or gross negligence, or failure to comply with or perform its obligations under this Agreement. Manager subordinates its claims under this Section 14.1 to all claims which have priority in payment pursuant to the provisions of Section 302 and Section 806 of the Indenture.
By the Owner. The Owner by this Agreement does not agree to indemnify, hold harmless, exonerate or assume the defense of the XXXX contractor or any other person or entity whatsoever, for any purpose whatsoever.
By the Owner. The Owner may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (g) of this clause.
By the Owner. The Owner shall indemnify, defend, save and hold harmless the Management Firm, its shareholders, officers, directors, employees, or agents from and against all demands, claims, actions, losses, damages, deficiencies, liabilities, costs and expenses (including, without limitation, attorney's fees, interest, penalties and all amounts paid in investigation, defense or settlement of any of the foregoing) asserted against or incurred by the Management Firm, its officers, directors, employees, or agents, in connection with, or arising out of, or resulting from (i) a breach by Owner of any of its material covenants, agreements, representations or warranties in this Agreement, or (ii) the negligent or willful acts or omissions of Owner, its employees or agents during the term of this Agreement. The provisions of this Section shall survive the expiration or sooner termination of this Agreement.
By the Owner. Subject to Section 11.1(3), the Owner may not assign this Agreement without the prior written consent of the Administrator, which consent may not be unreasonably withheld or delayed.
By the Owner. Owner and its agents, employees and invitees shall have full and free access to the Wind Plant and Wind Plant Site to perform any investigations, studies, operations and maintenance work or other activities deemed appropriate by Owner in its sole discretion. During any such access to the Wind Plant Site, any such agents, employees and invitees shall comply with all reasonable safety and security procedures.
By the Owner. Each Owner shall have the obligation to maintain and keep in good repair all portions of the Unit and all Limited Common Elements assigned to the Unit, except any portion of the Unit or any Limited Common Element which is expressly made the maintenance obligation of the Association as set forth in Section 16.2 below. This maintenance responsibility shall include, but not be limited to, the following: all glass surfaces (excluding exterior cleaning); windows, window frames, casings, and locks (including caulking of windows); all doors, doorways, door frames, and hardware that are part of the entry system of the Unit (except for periodic painting or staining of the exterior surface of exterior doors, and entry doors and door frames facing a hallway of the Condominium); all portions of the heating and air conditioning system, including the air conditioning compressor serving the Unit and the fan coil; and all pipes, lines, ducts, conduits, or other apparatus which serve only the Unit, whether located within or without a Unit’s boundaries (including all gas, electricity, water, sewer, or air conditioning pipes, lines, ducts, conduits, or other apparatus serving only the Unit).
By the Owner. The Owner warrants, covenants, and agrees as follows:
