Material. An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location.
Material. Material purchased or furnished by Operator for use on the Joint Property as provided under Section IV. Only such Material shall be purchased for or transferred to the Joint Property as may be required for immediate use and is reasonably practical and consistent with efficient and economical operations. The accumulation of surplus stocks shall be avoided.
Material. All right, title and interest in all copyrightable material that Executive shall conceive or originate individually or jointly or commonly with others, and that arise during the term of his employment with the Company and out of the performance of his duties and responsibilities under this Agreement, shall be the property of the Company and are hereby assigned by Executive to the Company, along with ownership of any and all copyrights in the copyrightable material. Upon request and without further compensation therefor, but at no expense to Executive, Executive shall execute any and all papers and perform all other acts necessary to assist the Company to obtain and register copyrights on such materials in any and all countries. Where applicable, works of authorship created by Executive for the Company in performing his duties and responsibilities hereunder shall be considered "works made for hire," as defined in the U.S. Copyright Act.
Material. In the event of any Material Damage to or destruction of the Property or any portion thereof after the Effective Date but prior to Closing, and if and only if (i) the applicable tenant or Guarantor is not required to repair the damage pursuant to the applicable Lease or Guaranty, or (ii) the tenant is entitled to and elects to terminate the Lease as result of such casualty or is entitled to a material reduction in its rent as a result of such casualty (either, a “Lease Casualty Event”), then Purchaser may request an adjustment to the Allocated Purchase Price for such Property in accordance with the terms of Section 4.4.5 (in no event shall any such adjustment exceed 75% of the Allocated Purchase Price for such Property); provided however, that for purposes of this Section 6.2.1 only, the Price Adjustment Period shall commence on the date on which Seller receives the Purchase Price Adjustment Notice (which shall not later than three Business Days after Purchaser receives the Casualty Notice) and shall expire five Business Days thereafter. The parties shall proceed under this Agreement and close on schedule, and as of Closing Seller shall assign to Purchaser, without representation or warranty by or recourse against Seller, all of Seller’s rights in and to any resulting insurance proceeds (including any rent loss insurance applicable to any period on and after the Closing Date) due Seller as a result of such damage or destruction and Purchaser shall assume full responsibility for all needed repairs, and Purchaser shall receive a credit at Closing for any deductible amount under such insurance policies to the extent not payable by the applicable tenant under the applicable Lease or by Guarantor under the Guaranty (but the amount of the deductible plus insurance proceeds shall not exceed the lesser of (a) the cost of repair or (b) the portion of the Allocated Purchase Price the applicable Property and a pro rata share of the rental or business loss proceeds, if any). For the purposes of this Agreement, “Material Damage” and “Materially Damaged” means damage which, in Seller’s reasonable estimation, exceeds $250,000 to repair.
Material. 2.1 Material used in the repair of soft areas on aggregate or native surfaced roads may be acquired from approved commercial sources, Forest Service borrow areas SHOWN ON SALE AREA MAP or borrow sources agreed to. The quality and quantity of the imported Material used in the repair will be limited to that needed to provide a stable Traveled Way for hauling and to minimize damage to the road and adjacent resources. The quantity of imported surface repair material used in the appraisal estimate will be SHOWN ON THE ROAD MAINTENANCE PLAN. However, the magnitude of the work may vary depending on Purchaser's hauling schedule and ground conditions.
Material. In the event of any Material Damage, as defined herein, to or destruction of the Property or any portion thereof prior to Closing, either Hersha Owner or Owner JV may, at its option, terminate this Agreement by delivering written notice to the other on or before the expiration of ten (10) Business Days after the date Hersha Owner delivers the Casualty Notice to Owner JV (and if necessary, the Closing Date shall be extended to give the Parties the full ten (10) Business Day period to make such election and to obtain insurance settlement agreements with Hersha Owner’s insurers). Upon any such termination, the entire Deposit shall be promptly returned to Owner JV and the Parties shall have no further rights or obligations hereunder, other than those that by their express terms survive the termination of this Agreement. If neither Hersha Owner nor Owner JV so terminates this Agreement within said ten (10)-Business Day period, then the Parties shall proceed under this Agreement and close on schedule (subject to extension of Closing as provided above), and as of Closing, Hersha Owner shall assign to Owner JV, without representation or warranty by or recourse against Hersha Owner, all of Hersha Owner’s rights in and to any resulting insurance proceeds due Hersha Owner as a result of such damage or destruction (the “Insurance Proceeds”) and Owner JV shall assume full responsibility for all needed repairs, and Owner JV shall receive a credit at Closing for any deductible amount under such insurance policies (but the amount of the deductible plus insurance proceeds shall not exceed the lesser of (i) the cost of repair or (ii) the Purchase Price); provided, however, Hersha Owner shall retain the claim against the insurance company and the right to negotiate and settle with the insurance company regarding the claim, but Hersha Owner agrees to use good faith efforts to cooperate with Owner JV, shall keep Owner JV reasonably informed as to the status of the claim, and shall not agree to the amount of the Insurance Proceeds with the insurance company without providing prior written notice thereof to Owner JV and consulting with Owner JV. For the purposes of this Agreement, “Material Damage” and “Materially Damaged” means damage which, in Hersha Owner’s reasonable estimation as reviewed and confirmed in good faith by Owner JV, equals or exceeds ten percent (10%) of the Purchase Price.
Material. Material purchased or furnished by the Operator for use on the Property as provided under section 4 of this Appendix I.
Material. The actual cost of materials, supplies and consumable items which are required for the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, including sales tax, freight and delivery. City reserves the right to approve materials and sources of supply, or to supply materials to Contractor, if necessary, for the Work. No Markup shall be applied to any material provided by City. Material re-stocking charges shall be limited to 5% of the amount of material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and Contractor shall make provision so that they may be obtained.
Material. All things of all kind whatsoever whether ancient or modern found or discovered on, under or around the Site including, without limitation, minerals, metals, objects, articles, scrap, cable and wire, plant, equipment and vehicles.
Material. The terms “material” and “
