CURE OF UNACCEPTABLE CONDITIONS Sample Clauses

CURE OF UNACCEPTABLE CONDITIONS. Any of the Tests and Studies of Purchaser and/or its agents or representatives conducted during the Site Analysis Period that discloses that there are (i) any defects or deficiencies of the Project in respect to its compliance with any and all codes, ordinances, statutes, Permits, approvals or licenses issued in respect to the Project or promulgated by any federal, state, county or municipal governmental or quasi-governmental authority which are required by such governmental or quasi-governmental authority to correct; (ii) defects in the materials or workmanship of the Project from that which is required to be in substantial compliance with the Plans, except that portion thereof, if any, that relates to materials for, or workmanship of improvements constructed or to be constructed on behalf of Tenants or New Tenants that form a part of Post Closing Work (as hereinafter defined); or (iii) a violation of Environmental Laws (as hereinafter defined) not disclosed on the Environmental Reports that, in respect to clauses (i), (ii) and (iii), can be corrected and cured for an estimated aggregate cost (in respect to the Project) not to exceed One Hundred Thousand Dollars ($100,000.00), shall be collectively hereinafter referred to as "Unacceptable Conditions." It is understood that regardless of the cost, the Warranty Work obligations set forth in Paragraph 24.17 hereof shall not be included as an Unacceptable Condition in respect to the $100,000.00 limitation and the cost of performing Warranty Work shall be in addition to any cost for curing or correcting Unacceptable Conditions. In the event Purchaser discovers what it deems to be Unacceptable Conditions as a result of the Tests and Studies, Purchaser shall notify ("Condition Notice") Seller and Contractor, in writing, of the same promptly following Purchaser's discovery thereof, but in no instance later than three (3) business days following the expiration of the Site Analysis Period. Such Condition Notice shall include a copy of those portions of the Tests and Studies disclosing such Unacceptable Condition(s). Within ten (10) days following Seller's receipt of the Condition Notice, if any, Seller and Contractor shall advise ("Condition Response") Purchaser, in writing, of Seller's and Contractor's good faith determination and estimate of (1) those matters contained in the Condition Notice that do not qualify as Unacceptable Conditions; (2) the time within which the remaining matters contained in the Condition...
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Related to CURE OF UNACCEPTABLE CONDITIONS

  • ORIGINAL CONDITIONS All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations, and to the same modifications and alterations as the respective Policies of the Company. However, in no event shall this be construed in any way to provide coverage outside the terms and conditions set forth in this Contract.

  • Failure to Satisfy Conditions Precedent If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

  • Additional Conditions Precedent No Lender has any obligation to make any Loan (including its first), and LC Issuer has no obligation to issue any Letter of Credit (including its first), unless the following conditions precedent have been satisfied:

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • Additional Conditions For each mediation or arbitration:

  • Failure of Conditions If the Conditions Precedent shall not have been satisfied or waived by February 27, 2015, either party may terminate this Lease and the Transfer Agreement by written notice of termination (the “Termination Notice”) delivered to the other party by February 27, 2015 (the “Failure of Conditions Termination Date”). Upon termination of this Lease under the terms of this Section 2, neither party hereto shall have any further claims or obligations under this Lease or the Transfer Agreement, except those obligations that expressly survive termination. Notwithstanding any provision of this Section 2.3 to the contrary, if the parties are unable to agree upon the initial Deferred Maintenance Items (as that term is defined in Section 9.2(c)(ii) below for the River Valley Facility to be included on Exhibit “E”, the sole remedy of the parties shall be to exclude the River Valley Facility from the Portfolio.

  • General conditions precedent The agreement of the Finance Parties referred to in clause 2 (Agreement of the Finance Parties) shall be further subject to:

  • Additional Conditions to Closing (a) All necessary approvals under federal and state securities laws and other authorizations relating to the issuance of the Acquisition Shares and the transfer of the Shares shall have been received.

  • Special Conditions a. To the extent that this Amendment conflicts with the Agreement, this Amendment shall control. No right or license of any kind is granted to Licensee except as expressly provided in the Agreement and this Amendment.

  • Conditions Precedent/Effectiveness Conditions This Amendment shall be effective upon (the “Effective Date”) the satisfaction of each of the following conditions (all documents to be in form and substance reasonably satisfactory to Administrative Agent and Administrative Agent’s counsel):

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