FIRST Clause Samples
The "FIRST" clause typically establishes the order of precedence or priority among multiple provisions or documents within a contract. In practice, this clause may specify that if there is any conflict between the main agreement and its attachments, the main agreement will take precedence. For example, if a schedule or appendix contains terms that differ from the body of the contract, the terms in the main contract would control. The core function of the "FIRST" clause is to prevent ambiguity and disputes by clearly defining which terms govern in the event of inconsistencies.
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FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furnitu...
FIRST. The Company on behalf of each of its series and any new series to be created hereby appoints the Distributor as its exclusive underwriter to promote and arrange for the sale of shares of beneficial interest of each series of the Company in jurisdictions wherein shares may legally be offered for sale. The Company shall notify the Distributor in writing of all states in which its shares are qualified for offer and sale, including any limitations with respect to offers or sales in such states. In addition, the Distributor shall receive payment for certain distribution expenses if and to the extent provided for pursuant to Rule 12b-1 distribution plans ("12b-1 Plans") adopted by the Company.
FIRST. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the rent shall not commence until possession is given or is available, but the term herein shall not be extended. THE TENANT FURTHER COVENANTS:
FIRST. The Trust on behalf of the Funds hereby appoints the Distributor and such affiliates of the Distributor as enter into similar agreements as its exclusive agents for the sale of shares of the Funds to the public directly and/or through investment dealers and financial institutions in the United States and throughout the world.
FIRST. The name of the corporation (the “Corporation”) is Mascoma Corporation.
FIRST. The name of this corporation is ▇▇▇▇▇▇▇▇ Acquisition Corporation (the “Corporation”).
FIRST. To the payment of costs and expenses of sale and of any judicial proceedings wherein the same may be made, including reasonable compensation to Trustee and Beneficiary, their agents and counsel, and to the payment of all expenses, liabilities and advances made or incurred by Trustee under this Deed of Trust, together with interest on all advances made by Trustee at the lower of the interest rate set forth in the Note or the maximum rate permitted by law to be charged by Trustee.
FIRST. To pay all the liabilities of the Partnership that are then due and payable, except for both Capital Contributions of Partners and liabilities to the Partners, in the order of priority required by Florida law; then
FIRST. The charter of the Corporation (the “Charter”) is hereby amended by deleting the definitions of “Roll-Up Entity” and “Roll-Up Transaction” in Article IV of the Charter in their entirety. SECOND: The Charter is hereby further amended by deleting the existing Article XIII of the Charter in its entirety and substituting in lieu thereof a new Article XIII as follows: The Corporation reserves the right from time to time to make any amendment to the Charter, now or hereafter authorized by law, including any amendment altering the terms or contract rights, as expressly set forth in the Charter, of any Shares. All rights and powers conferred by the Charter on Stockholders, Directors and officers are granted subject to this reservation. Except for those amendments permitted to be made without Stockholder approval under Maryland law or by specific provision in the Charter, any amendment to the Charter shall be valid only if approved by the affirmative vote of a majority of all votes entitled to be cast on the matter, including without limitation, (a) any amendment which would adversely affect the rights, preferences and privileges of the Stockholders and (b) any amendment to Sections 7.2, 7.5 and 7.11 of Article VII, Article IX, Article X and Article XII hereof and this Article XIII (or any other amendment of the Charter that would have the effect of amending such sections). THIRD: The Charter is hereby further amended by deleting the existing Article XIV of the Charter in its entirety.
FIRST. It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval before installation of same.