Contractors and Suppliers. The licenses granted to you hereunder shall include your on-site and off-site suppliers and independent contractors, while such suppliers and independent contractors are performing work for or providing services to you, provided that such suppliers and independent contractors have executed work-for-hire agreements with you containing applicable terms and conditions consistent with the terms and conditions set forth in this Agreement and provided further that you shall be liable to TI for any breach by your suppliers or independent contractors of this Agreement to the same extent as you would be if you had breached the Agreement yourself.
Contractors and Suppliers. As of Closing, all contractors, subcontractors, suppliers, architects, engineers, and others who have performed services or labor or have supplied materials in connection with Seller’s acquisition, development, ownership, or management of the Property have been paid in full and all liens arising therefrom (or claims which with the passage of time or the giving of notice, or both, could mature into liens) have been satisfied and released.
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers, and others who have performed services or labor for or supplied material to Seller with respect to the Property have been paid in full, and all liens arising from any such services, labor or materials (or claims with which the passage of time or notice or both could mature into liens) have been satisfied and released.
Contractors and Suppliers. Amounts payable to contractors, subcontractors, designers, suppliers, architects, engineers and others who have performed services or labor or supplied material in connection with the Property. 36
Contractors and Suppliers. Except as disclosed in writing to the Partnership and Inland, to LMLP’s knowledge, all contractors, subcontractors, suppliers, architects, engineers and others who have performed services or labor or supplied material in connection with the acquisition, development, ownership or management of the Property, other than those incurred in the ordinary course of business for the accounts payable period immediately prior to Closing and those engaged directly by tenants, have been paid in full.
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers and others who have performed services, labor, or supplied material in connection with Seller’s acquisition, development, ownership, operation or management of the Property, and with whom Seller has a direct contractual relationship, have been paid in full, or will be paid in full by Closing, and all liens arising therefrom (or claims which with the passage of time or notice or both, could mature into liens) have been (or will be at Closing) satisfied and released (except for liens or claims which Seller has bonded or insured over to the reasonable satisfaction of Buyer).
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers and others that have performed services or labor or supplied material in connection with Transferor's acquisition, development, ownership or management of the Property have been, or will be in the ordinary course of business, paid in full prior to Closing and all liens arising therefrom (or claims which with the passage of time or notice or both, could mature into liens) have been, or will be in the ordinary course of business, satisfied and released prior to Closing. On the Closing Date, Transferor shall provide the REIT a list of all contracts that are not terminable upon 30 days written notice without penalty. The Transferor shall not be required to pay any termination fees or penalties in connection with contracts the REIT wishes to terminate, as such amounts shall be the sole responsibility of the REIT. Notwithstanding the foregoing statements, Gentry Place agrees to nxxxxxxte on the REIT's behalf for the termination/cancellation of an existing security monitoring agreement between Gentry Place and Network Xxxxx-Family Security Corporation, with such termination to be effective on August 1, 1998. The REIT agrees and Gentry Place acknowledgex xxxx the REIT will bear the cost of $160,000, as a fee to affect the termination of said contract (the "Buyout Amount"). The REIT agrees and Gentry Place acknowledgex xxxx Gentry Place will (a) be xxxxxled to any savings obtained if the Buyout Amount is less than $160,000, and (b) bear the responsibility for any amount in excess of the Buyout Amount for Merit Place Apartments. Such amount in excess of the Buyout Amount for Merit Place Apartments shall be credited to the REIT with regard to Transferor at Closing and such amount less than the Buyout Amount shall be credited to Transferor at Closing.
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers, and others who have performed services or labor for or supplied material to JTL or the Company with respect to the Property have been paid in full, and all liens arising from any such services, labor or materials (or claims with which the passage of time or notice or both could mature into liens) have been satisfied and released.
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers, and others who have performed services or labor, or supplied material in connection with Seller’s acquisition, development, ownership, and management of the Property have been or will be at or prior to Closing paid in full, and all liens arising therefrom (or claims which with the passage of time or notice or both, could mature into liens) have been or will be at or prior to Closing satisfied and released. The representations and warranties made in this Agreement by Seller shall be continuing and shall be deemed remade by Seller as of the Closing Date, with the same force and effect as if made on, and as of, such date, subject to Seller’s right to update such representations and warranties by written notice to Purchaser and in Seller’s certificate to be delivered pursuant to Section 5.1(i) hereof. All representations and warranties made in this Agreement by Seller shall survive the Closing for a period of one (1) year, and upon expiration thereof shall be of no further force or effect except to the extent that with respect to any particular alleged breach, Purchaser gives Seller written notice prior to the expiration of said one (1) year period of such alleged breach with reasonable detail as to the nature of such breach and files an action against Seller with respect thereto within ninety (90) days after the giving of such notice. Notwithstanding anything to the contrary contained in this Section 4.1, Seller shall have no liability to Purchaser for the breach of any representation or warranty made in this Agreement unless the loss resulting from Seller’s breach of its representations and warranties exceeds, in the aggregate, Fifty Thousand and No/100 Dollars ($50,000.00 US), in which event Seller shall be liable for each dollar of damages resulting from the breach or breaches of its representations and warranties, but in no event shall Seller’s total liability for any such breach or breaches exceed, in the aggregate, Three Hundred Seventy-Five Thousand and No/100 Dollars ($375,000.00 US). In no event shall Seller be liable for, nor shall Purchaser seek, any consequential, indirect or punitive damages; and in no event shall any claim for a breach of any representation or warranty of Seller be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was actually known to Purchaser prior to the Closing. Except as otherwise e...
Contractors and Suppliers. All contractors, subcontractors, suppliers, architects, engineers, and others who have performed services, labor, or supplied material at the instance of Post in connection with Post's acquisition, development, ownership operation, maintenance, repair or management of the Property will have been paid in full as of the Closing Date (or to the extent not so paid as of the Closing Date, Post will have made adequate provision for payment for such services, labor or materials).
