Division of Property. In the event of a property settlement or separation agreement between a Member and his or her spouse, such Member agrees that he or she shall use his or her best efforts to retain all of his or her Interest in the Company and shall reimburse his or her spouse for any Interest he or she may have in the Company out of funds, assets or proceeds separate and distinct from his or her Interest in the Company. To the extent that such Member is unable, despite his or her exercise of best efforts, to retain all of his or her Interest in the Company, such Member shall use its best efforts to assign to his or her spouse only the right to share in profits and losses, to receive distribution or distributions, and to receive allocation of income, gain, loss, deduction or credit or similar item to which the assigning Member was entitled, to the extent assigned, with the assigning Member remaining entitled to exercise all rights and powers of a Member hereunder; provided that any purported assignment shall be a Transfer subject to the provisions of Article VII of this Agreement. Notwithstanding the foregoing, if a spouse or former spouse of a Member acquires an Interest in the Company as a Member as a result of any such proposed settlement or separation agreement, such spouse or former spouse hereby grants an irrevocable power of attorney (which shall be coupled with an interest) to the assigning Member to vote or to give or withhold such approval as such assigning Member shall himself or herself vote or approve with respect to such matter and without the necessity of the taking of any action by any such spouse or former spouse, and such spouse or former spouse shall be subject to the removal and withdrawal provisions set forth in Article VIII. Such power of attorney shall not be affected by the subsequent disability or incapacity of the spouse or former spouse granting such power of attorney.
Division of Property. The Buyer, its successors, liens, or assigns, shall not divide, subdivide, or partition, either legally or physically, the Protected Property for any reason without the prior written approval of the Seller except for the purpose of correcting or adjusting a boundary line to resolve a marketable title or ownership dispute. If written approval is granted, any conveyance of the Protected Property is subject to the following terms. The enforceability or validity of this Conservation Easement shall not be impaired or limited by any failure of the Buyer, its successors, liens or assigns, to comply with this section (V.D).
Division of Property to First
Division of Property. For the purposes of this EVA, each of the four shipwreck sites referred to in Paragraph (1) shall be the subject of separate accounting. The net proceeds of any property (as defined in the following sections) recovered from each of the sites, pursuant to the Project, will be split among the Parties, according to the following formulas.
Division of Property. Twenty-one (21) freehold estates are hereby created and designated, and hereinafter referred to as "condominium units" (also referred to herein as "unit" or "units"). Specifically, the twenty-one (21) estates so created and designated are referred to hereinafter as Units 1 through 21. Said units consist of the undivided interest in the common elements of the project, the limited common element(s) appurtenant to the unit, as shown on the Condominium Map for the project and the apartment, if any, constructed or to be constructed on the limited common element. The apartments are designated on plans incorporated herein by reference and being filed separately with the Bureau of Conveyances of the State of Hawaii simultaneously herewith as part of the Condominium Map referenced on the first page hereof. The units are as described in Schedule 1 attached hereto. There are no basements in this Project. The condominium limited common elements and apartments are located in the manner shown on the said Condominium Map. The boundaries of each apartment shall be the outer surface of each building on the specific limited common element areas set aside in the Project. Each unit has direct access to a common access element or easement or to public right(s)-of-way. Unless specifically provided to the contrary herein, the respective units shall not be deemed to include any present or future pipes, wires or conduits or other utility lines running over, under or through any limited common element or apartment which are utilized for or serve all units, the same being deemed common elements as hereinafter provided. LIMITS OF APARTMENTS Each apartment shall be deemed to include the building comprising the apartment, including specifically, but not limited to:
Division of Property. The court in every case shall ascertain the nature and extent of all assets and obligations subject to disposition by the court in the proceeding and shall divide these assets and obligations as provided in the Family Code, except upon the written agreement of the parties or an oral stipulation of the parties made in open court. The court may require that any agreement be submitted to verify that there is no property subject to disposition by the court. Rule 1242 amended effective January 1, 1994; adopted effective January 1, 1970; previously amended effective January 1, 1972. Drafter’s Notes 1994—The Judicial Council Family and Juvenile Law Standing Advisory Committee proposed these changes in family law rules and forms to comply with recent legislation, including changes enacted by the adoption of the Family Code.