FORTIETH. Once the dissolution of the Company shall be declared, the same shall be put into liquidation, which will be entrusted to one or more liquidators who must act jointly, as decided by the General Shareholders Meeting.
FORTIETH. Lessee acknowledges having been advised that Lessee is not to dispose of any toxic/hazardous waste products on leased property, and that Lessee must make satisfactory disposal arrangements for any such waste, in accordance with appropriate Federal, State, and local laws. Lessee further warrants to hold the owner of the property harmless from any liability, as well as taking full responsibility for any liability that may be caused as a result of Lessee's action/non-action as a result of Lessee's activity on said premises. Lessee agrees that failure to dispose of toxic/hazardous waste in accordance with the aforesaid laws/regulations, the receipt of a Notice of Violation (N.O.V.) from a state, federal or local environmental agency, any loss of environmental operating permits, or Lessor's notification to lessee advising discovery of poor or hazardous housekeeping practices or business operations likely to cause imminent contamination problems constitute a breach of this Lease, and Lessee will be subject to criminal and civil penalties. Lessee agrees to provide to Lessor within 5 business days, a copy of any Notice of Violation or similar environmental notification. All parties agree, at the inception of this lease, that there are no existing discernible environmental problems or hazardous wastes at the leased premises. If Lessee receives a Notice of Violation, or similar notification, Lessee agrees to immediately correct the problem in accordance with all laws and regulations, and agrees to perform, at Lessee's sole cost and expense, a subsequent environmental audit at the expiration of the lease term to insure to all parties that the site has been properly remediated.
FORTIETH. Double Compensation: Contractor certifies that it does not receive any kind of salary, compensation or payment for services rendered under a regular job relationship or that it occupies a position in the Commonwealth of Puerto Rico, in any of its departments, municipalities or agencies. Contractor understands that the action of accepting a regular job by any of its agents in any departments, agencies or municipalities under the jurisdiction of the Commonwealth of Puerto Rico will constitute a violation of this contract and will cause the immediate termination of the contract relationship. Contractor certifies that it does not have another contract relationship for its services with any other department, agency, municipality, or instrumentality of the Commonwealth of Puerto Rico. If it has another contract, Contractor certifies that it does not constitute a conflict of interest with this contract.
FORTIETH. Except as otherwise in this lease provided, a xxxx, statement, notice or communication which Landlord or Landlord's agent may desire or be required to give to Tenant, shall be deemed sufficiently given or rendered if, in writing, delivered to Tenant personally or sent by registered or certified mail addressed to Tenant at the building of which the demised premises form a part or at the last known residence address or business address of Tenant or left at any of the aforesaid premises addressed to Tenant, and the time of the rendition of such xxxx or statement and of the giving of such notice or communication shall be deemed to be the time when the same is delivered to Tenant, mailed, or left at the premises as herein provided. Any notice by Tenant to Landlord must be served by registered mail addressed to Landlord at the address first hereinabove given or at such other address as Landlord shall designated by written notice. [40.1]
FORTIETH. All corporate action required for Buyer and Seller to execute, deliver, and perform their respective obligations under this Amendment and the Agreement as amended hereby have been completed, and no approval by the Public Service Commission of the State of New York is required for Buyer to execute, deliver, and perform its obligations under this Amendment and the Agreement as amended hereby.
FORTIETH. This agreement shall be in full force and effect and shall be and remain operative and binding upon the parties hereto and their successors and assigns from the 1st day of October 1, 1963, up to and including the 30th day of September, 1966, and shall survive any change in name, reorganization or incorporation. It is specifically understood and agreed that should the Union, party to this Agreement, which is now affiliated to a national and international labor organization, become disaffiliated from said national and/or inter national labor organization at any time during the term of this agree ment, or should said Union thereafter become again affiliated with a National and/or International Labor Organization, then and in any such event or events, this agreement and the terms and provisions thereof shall continue in full force and effect as between the Association, the Employer and the Local Union, parties hereto, as if no such affiliation or disaffiliation, as the case may be, had occurred.
FORTIETH. In addition to the elevator service described in paragraph TWENTY-NINTH of this lease, the Landlord will maintain in service and available for the use of the Tenant, one passenger elevator at all times on all days of the week, including Saturdays, Sundays and legal holidays. In the event that the Tenant requires freight elevator service, or heat on Saturdays, Sundays, federal and state holidays and all holidays recognized by the unions representing Landlord's building personnel or during hours in addition to those prescribed under paragraph TWENTY-NINTH of this lease, the Landlord will furnish the additional elevator service or heat or both, as the case may be, upon notice of the Tenant's need therefor. Such notice may be written or oral and shall be given as long a time as practicable prior to the time when the additional heat or freight elevator service is required. The Tenant will pay for any additional freight elevator service and heat furnished after the hours prescribed in paragraph TWENTY-NINTH at the respective prevailing rates per hour as established from time to time by the Landlord for such services at the building or in the buildings of the Landlord, generally, for each hour during which the additional service is supplied. All charges for additional freight elevator service and heat shall be payable when billed and in the event of default of payment therefor, the Landlord may refuse further service and the amount unpaid shall be deemed additional rent for which the Landlord shall have all the remedies for collection herein specified with respect to rent. The failure on the part of the Landlord to furnish such additional elevator service or heat, if due to breakdowns, repairs, maintenance, strikes, or other causes beyond the control of the Landlord, shall involve no liability on the part of the Landlord nor shall it constitute an eviction.
FORTIETH. In addition to the elevator service described in paragraph TWENTY-NINTH of this lease, the Landlord will maintain in service and available for the use of the Tenant, one passenger elevator at all times on all days of the week, including Saturdays, Sundays and legal holidays. In the event that the Tenant requires freight elevator service, or heat on Saturdays, Sundays, federal and state holidays and all holidays recognized by the unions representing Landlord's building personnel or during hours in addition so those prescribed under paragraph TWENTY-NINTH of this lease, the Landlord will furnish the additional elevator service or heat or both, as the case may be, upon notice of the Tenant's need therefor. Such notice may be written or oral and shall be given as long a time as practicable prior to the time when the additional heat or freight elevator service is required. The Tenant will pay for any additional freight elevator service and heat furnished after the hours prescribed in
FORTIETH. In the event the date of occupancy is delayed, the term of this Lease shall commence on the actual date of occupancy as agreed to by Landlord and Tenant. If FORTH-FIRST: Tenant acknowledges that the HVAC system installed by Landlord and utilized by Tenant are preset to service the demised premises from 7:00 a.m. to 9:00 p.m. Monday through Friday, in order to economize the cost of same to Tenant. The HVAC units are preset, computerized floor by floor, and can be, upon reasonable notice by Tenant to Landlord, adjusted to meet the Tenant's HVAC needs over and above the preset time and conditions set by Landlord. Should Tenant desire additional or different HVAC services other than those preset by Landlord, Tenant shall be billed for any addition costs, which costs are currently at a rate of $55.00 per hour, which may change from time to time for the HVAC over and above normally provided by landlord as additional rent. Landlord shall not be required to provide additional HVAC service to Tenant should the said written request not be tendered to Landlord in a timely fashion.
FORTIETH. Notwithstanding anything contained herein to the contrary, the Tenant shall not be obligated to make any repairs to the roof, exterior walls, or any structural defects, unless said repairs are made necessary by the acts of the Tenant, its agents, employees, licensees or invitee, which shall than become an obligation of tenant to make such repairs.
