Contingencies Sample Clauses

Contingencies. (Choose and initial all the contingencies the Parties agree to.)

Contingencies. No Statements of Probable Construction Cost submitted by Design Professional shall include a construction contingency amount, but shall include such design contingencies as are necessary to account for work for which the design has not been completed.

Contingencies. Contributions to a contingency reserve or any similar provision made for events, the occurrence of which cannot be foretold with certainty as to time or intensity or with an assurance of their happening, are unallowable.

Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.

Contingencies. This faculty appointment is contingent upon an acceptable background check, verification of credentials, and upon approval by the Chancellor of the UNMC or designated delegatee. The appointment of Faculty Member is subject to all terms and conditions contained in this Agreement, Bylaws and Policies and the procedures derived therefrom. (University of Nebraska Board of Regents Bylaws and Policies can be found on the University of Nebraska Board of Regents website.)

Contingencies. 3.1 SELLER shall (at SELLER’s sole cost and expense) take all necessary steps to satisfy, terminate, discharge and defease all mortgages, deeds of trust, assignments of leases and rents, security agreements, UCC financing statements and all other financing liens encumbering the Site and Personal Property (collectively “Financing Liens”) of record, on or before the Closing, such that the Financing Liens shall no longer encumber the Property, the Site, or any portion thereof, and any and all enforcement proceedings respecting the Financing Liens (such as foreclosure actions) shall be discontinued with prejudice, and all notices of pendency shall be cancelled (and same not being raised as an exception to title shall be deemed Lessor’s compliance). The provisions of this Section 3.1 shall survive Closing. 3.2 PURCHASER’s obligations hereunder are expressly subject to, conditioned upon and contingent upon (a) SELLER’s ability to deliver to PURCHASER and the delivery to PURCHASER of (i) good, marketable and insurable fee simple title to the Property, free and clear of Financing Liens, (ii) good and lien free title to the Personal Property; (b) SELLER furnishing PURCHASER with all necessary approvals, consents and resolutions of the trustees of the trusts comprising SELLER authorizing the transactions contemplated hereby; and (c) the provisions of Section 5.3 hereof having been fulfilled. The aforementioned contingencies are for the exclusive benefit of PURCHASER, and may be waived by PURCHASER only, in whole or in part, in writing. In the event that all such contingencies are not satisfied or waived by PURCHASER in writing in accordance with the terms of this Agreement, PURCHASER may, as its sole right and remedy, terminate the Sovran Lease and this Agreement by providing written notice to SELLER no later than three (3) business days following the date established for Closing hereunder, whereupon neither SELLER nor PURCHASER shall have any further claim against the other, except for claims which by their terms survive the termination thereof.

Contingencies. Except as disclosed in the SEC Documents, there are no actions, suits, claims or proceedings pending, or to the knowledge of the Company threatened against, by or affecting, the Company in any court or before any arbitrator or governmental agency that may have a material adverse effect on the Company or which could materially and adversely affect the right or ability of the Company to consummate the transactions contemplated hereby. To the knowledge of the Company, there is no valid basis upon which any such action, suit, claim, or proceeding may be commenced or asserted against it. There are no unsatisfied judgments against the Company and no consent decrees or similar agreements to which the Company is subject and which could have a material adverse effect on the Company.

Contingencies. All orders are subject to acceptance by Transfer Agent and become effective only upon confirmation by Transfer Agent. Upon confirmation, the Transfer Agent will verify total purchases and redemptions and the closing share position for each fund/account. In the case of delayed settlement, Transfer Agent and Insurance Company shall make arrangements for the settlement of redemptions by wire no later than the time permitted for settlement of redemption orders by the Investment Company Act of 1940. Such wires for Insurance Company should be sent to: Such wires for Transfer Agent should be sent to:

Contingencies. If this Security is enforced at a time when no amount is due under the Loan Documents but at a time when amounts may or will become due, the Collateral Agent (or the Receiver) may pay the proceeds of any recoveries effected by it into such number of suspense accounts as it considers appropriate.

Contingencies. It is hereby acknowledged that the Suites 150 and 170 Expansion Space is currently subject to a lease (the “Suites 150 and 170 Existing Lease”) by and between Landlord or Landlord’s predecessor-in-interest and the existing tenant under the Suites 150 and 170 Existing Lease (the “Suites 150 and 170 Existing Tenant”). The parties hereto understand and agree that effectiveness of this Agreement is subject to and conditioned upon (a) the termination of the Suites 150 and 170 Existing Lease on terms acceptable to Landlord in its sole discretion, as evidenced by the full execution of a termination agreement by and between Landlord and the Suites 150 and 170 Existing Tenant (“Suites 150 and 170 Termination Agreement”), and (b) the surrender by the Suites 150 and 170 Existing Tenant of possession of the Suites 150 and 170 Expansion Space as and when required pursuant to the Suites 150 and 170 Termination Agreement. It is hereby acknowledged that the Must-Take Space is currently subject to a lease (the “Must-Take Space Existing Lease”) by and between Landlord or Landlord’s predecessor-in-interest and the existing tenant under the Must-Take Space Existing Lease (the “Must-Take Space Existing Tenant”). The parties hereto understand and agree that effectiveness of this Agreement is subject to and conditioned upon the extension of the term of the Must-Take Space Existing Lease with respect to Suite 202 in the Building on terms acceptable to Landlord in its sole discretion, as evidenced by the full execution of a lease amendment agreement by and between Landlord and the Must-Take Space Existing Tenant (“Must-Take Space Extension Agreement”). If any of the Suites 150 and 170 Expansion Space Existing Tenant, Suite 203 Expansion Space Existing Tenant and Must-Take Space Existing Tenant do not deliver the Suites 150 and 170 Expansion Space, Suite 203 Expansion Space and Must-Take Space (collectively, the “Expansion Spaces”) respectively by February 1, 2019, Tenant has the right to terminate this Agreement with respect to the undelivered Expansion Spaces upon written notice to Landlord thereof. For the avoidance of doubt, if Tenant terminates this Agreement with respect to less than all of the Expansion Spaces, this Agreement shall continue to be in full force and effect as to the other Expansion Spaces.