Development Account. (i) The Borrower shall establish an account (the “Development Account”) with a depository, which is insured by the Federal Deposit Insurance Corporation (“FDIC”) or by a successor in interest to FDIC into which all Gross Income of the Development shall be deposited when received. The Borrower or any person receiving funds and tenant security deposits of the Development other than as permitted by this Agreement shall immediately deposit such funds in the Development Account and failing to do so shall hold such funds in trust for the Development. Subject to the rights of the First Lien Lender, the Borrower or any person receiving any property of the Development in violation of this Agreement shall immediately deliver such property to the Agency, and failing to do so shall hold such property in trust for the Development. Reserves, deposits, rents, charges, fees and any other deposits and/or income of the Development as used herein shall also include, without limitation, such income derived from commercial facilities of the Development, if any.
Development Account. The Developer will:
Development Account. Provided that Developer at all times complies with the terms and conditions of this Agreement and subject to the restrictions set forth in Section 2.3, NetSuite grants to Developer a worldwide, non-exclusive, nontransferable, non-sublicenseable, limited license to access and use one (1) development account for up to five (5) Authorized Employees for such account to access and use the Service solely to develop or modify the Developer Application or Developer Connector to interoperate with the Service. Developer will have no right to use the Service under this Agreement for any other purpose. Notwithstanding anything to the contrary set forth herein, the development account provisioned in accordance with this Section 2.1 shall automatically expire after ninety (90) consecutive days of non-use, and this Agreement shall accordingly terminate at such time.
Development Account. Subject to the terms and conditions of this Agreement and any additional terms of service which will be mutually agreed to by NetSuite and NetFlex Partner following execution of this Agreement, NetSuite grants NetFlex Partner during the term of this Agreement a worldwide, non-exclusive, non-transferable and terminable license (terminable solely in accordance with the express terms of this Agreement) to use and display content for one (1) demonstration account of the NetSuite Application solely for demonstration purposes in order to promote and sell the Certified Partner Application to prospective Customers, provided such use is for internal business use only and shall not include service bureau use, outsourcing, renting or time-sharing the NetSuite Application. The rights granted to NetFlex Partner in this Section 2.2 are provided on the condition that NetFlex Partner does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile any NetSuite software or any part of the NetSuite Application, or otherwise attempt to discover any source code, modify the NetSuite Application or use unauthorized modified versions of the NetSuite Application, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the NetSuite Application. Except as provided in this Agreement, the license granted in this Section 2.2 to NetFlex Partner does not convey any rights in the NetSuite Application, express or implied, or ownership in the NetSuite Application or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by NetSuite.
Development Account. 1.1 The Tenant is to operate and maintain the Development Account until the later of Valuation Date and the date on which the final account is produced under the Building Contract.
Development Account. The Developer is to operate and maintain the Development Account until the date of the final payment due to be made by the Council under paragraph 1.5 of this schedule. The Developer is to pay and debit directly to the Development Account all SW2 Enterprise Centre Development Costs paid or incurred by the Developer under this Schedule. The Developer is to credit to the Development Account: on receipt, a sum or sums equal to any income from or in respect of the SW2 Enterprise Centre; or insurance proceeds, capital receipts, licence fees, damages, compensation and mesne profits in relation to the SW2 Enterprise Centre which are received in respect of a period or on a date prior to the date of issue of the Certificate of Making Good Defects; [ on receipt, any VAT recovered from HM Revenue and Customs where the corresponding amount of VAT has already been debited to the Development Account as a Development Cost. The Developer is to submit to the Council a statement of the Development Account at monthly intervals. The Developer shall: adopt an open book approach to all matters of accounting in relation to the SW2 Enterprise Centre Development Costs and keep full and detailed financial and other records information and particulars concerning the SW2 Enterprise Centre Development Costs; and make the information referred to in paragraph 7.5.1 available for inspection by the Council within a reasonable time of receiving a written request from the Council provided that the Council shall not be entitled to make more than one such request within any quarterly period.
Development Account. No later than 1:00 p.m. on the date specified in each Notice of Borrowing, if the applicable conditions precedent listed in Article 3
Development Account. A one-time allowance for each full-time teacher on staff with the Board in 2004-2005 has been provided by the Ministry of Education. The Board agrees to provide these funds, in the amount of $307,200.00 funds within seven (7) days of ratification by both parties to the union for distribution to eligible teachers for expenses incurred for computers, software, peripherals, professional materials and courses related to their employment. An amount shall be paid by the union to a teacher who makes a claim and was on the board’s payroll or on a statutory pregnancy/adoption/parental leave of absence for all or part of the 2004-2005 school year. Teachers with less than 1.0 FTE for the 2004-2005 school year shall receive a prorated portion of this amount. It is understood that the total amount payable shall not exceed the total amount received for this purpose by the Ministry of Education. Teachers shall submit a claim form developed by the union along with original receipts as proof of expenditures for reimbursement to the union by December 31, 2005 and shall be reimbursed by the union in a timely manner. Receipts dated for purchases between September 1, 2004 and December 31, 2005 will be accepted. Any unclaimed amounts which could otherwise have been paid to teachers shall be retained by the union to be used for teacher professional development. The Union shall submit a written report including a general accounting of funds to the board by April 30, 2006 and shall retain copies of all receipts submitted for a period of seven (7) years which shall be provided to the board if required for audit purposes. Neither the board or the union is liable for any personal tax implications that may arise as a result of these payments. If any aspect of this letter of understanding is in conflict with the guideline or direction from the Ministry of Education concerning the teacher development account the parties shall meet to discuss and resolve the matter. Dated at Sudbury this day of May 2005. For Rainbow District School Board: For ETFO, Rainbow Local: LETTER OF AGREEMENT Between: Rainbow District School Board and
Development Account. Provided that Developer at all times complies with the terms and conditions of this Agreement and subject to the restrictions set forth in Section 2.3, Oracle grants to Developer a worldwide, non-exclusive, nontransferable, non-sublicenseable, limited license to access and use one (1) development account for up to five (5) Authorized Employees for such account to access and use the Service solely to develop or modify the Developer Application or Developer Connector to interoperate with the Service. Developer will have no right to use the Service under this Agreement for any other purpose. Notwithstanding anything to the contrary set forth herein, the development account provisioned in accordance with this Section 2.1 shall automatically expire after ninety (90) consecutive days of non-use, and this Agreement shall accordingly terminate at such time.
Development Account. Funds in the Development Account shall be disbursed at the written direction of the Administrative Lender as follows in the following order provided that no Credit Agreement Default or Credit Agreement Event of Default (other than a Specified Default, as such term is defined in the Credit Agreement (a “Specified Default”)) shall exist and no Forbearance Termination Event (as defined in the Amendment, Consent and Forbearance Agreement, dated as of July 9, 2010, by and among the Company, Xxxxx, the Administrative Lender and the Financing Parties (a “Forbearance Termination Event”)) shall have occurred:
