Obligation to Deliver. The Borrower shall Deliver each item of Account Property to the Custodian in accordance with the terms of Section 7.01 of the Guarantee and Security Agreement.
Obligation to Deliver i. AS-BUILT SURVEY. Sellers, at their sole cost and expense, shall order and deliver to Buyer at least ten (10) Business Days prior to the Closing Date, an "as-built" survey for each parcel of Real Property that is designated in Schedule 2.1.a. as Real Property for which an as-built survey shall be obtained (the "As-Built Survey"). The As-Built Survey shall be prepared by a surveyor licensed in the State of California and in accordance with ALTA-ASCM standards for Class A urban-commercial surveys, and dated as of a date within two hundred and forty (240) days prior to the Closing, and shall be certified in favor of Buyer and the Title Company, and shall contain sufficient detail to provide the Title Company the basis for issuing the Title Policy without survey exceptions.
Obligation to Deliver. Seller has delivered a Phase I Environmental Site Assessment of Rheem Valley Convalescent Hospital 000 Xxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxxxx 00000, prepared Environmental Management Group, Inc. ("EMG"), EMG Corporate Center, 00000 XxXxxxxxx Xxxx, Baltimore, Maryland 21031 (the "Environmental Study") to Buyer.
Obligation to Deliver. Seller has delivered (i) a Phase I Environmental Site Assessment of University Convalescent Hospital, 0000 Xxxxx Xxxx Xxxxxx, Menlo Park, California 94025 (the "University Report"), (ii) a Phase I Environmental Site Assessment of Oak Park Convalescent Hospital 0000 Xxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "Oak Park Report"), and (iii) a Phase I Environmental Site Assessment of Lafayette Convalescent Hospital 0000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 (the "Lafayette Report"), in each case prepared by Environmental Management Group, Inc. ("EMG"), EMG Corporate Center, 00000 XxXxxxxxx Xxxx, Baltimore, Maryland 21031 (the University Report, the Oak Park Report and the Lafayette Report collectively the "Environmental Study") to Buyer.
Obligation to Deliver. SATS Supplier acknowledges that its obligation to deliver natural gas for its SATC Customers will not be abated under any circumstances, including a breach of the obligations by any SATC Customer to the SATS Supplier, except for events of Force Majeure as specified in the Rate Schedule SATS or actions by the Company that prevent performance by SATS Supplier.
Obligation to Deliver. The Trust shall not be obligated to deliver any of the Offered Certificates except upon payment for all the Offered Certificates to be purchased pursuant to this Agreement as hereinafter provided.
Obligation to Deliver. LSI was obligated under the Prior Software Development Agreement to deliver Release 1.0 of the eLender Software, together with basic eLender documentation relating thereto (the “eLender Documentation”), to RMSS on or before August 31, 2005 and LSI made that delivery as required. LSI reserves the right to propose changes to the eLender Specifications of Release 1.0 of the eLender Software to conform it to LSI’s ongoing business requirements. Such proposed eLender Specification changes must be presented in writing and RMSS shall have an opportunity to provide technical or functional feedback on those proposed changes for good-faith consideration by LSI. Upon RMSS’ written approval, which approval shall not be unreasonably withheld or delayed, the new specifications shall become the eLender Specifications for purposes of this Article.
Obligation to Deliver. Schedule D sets forth the functionality and estimated date by which LSI will deliver Release 2.0 of the eLender Software to RMSS. For the avoidance of doubt, the functionality contained in Release 2.0 will be in addition to the functionality that exists in Release 1.0. LSI shall not delete any functionality from Release 1.0 in Release 2.0. Further, regardless of the final functionality contained within Release 2.0, LSI, for the avoidance of doubt, shall provide to RMSS the same version of eLender Solutions software that LSI is using in production internally, excluding other appraisal and valuation functionality and customer specific modifications, unless as otherwise mutually agreed upon by LSI and RMSS. In order to enable RMSS to confirm that Release 2.0 of the eLender Software performs in accordance with its eLender Specifications and that the eLender Documentation is reasonably complete as to the major functions of Release 2.0 of the eLender Software and is substantially accurate, LSI agrees to (a) make available to RMSS at LSI’s expense for a mutually agreeable time period, testing in LSI’s staging environment in order to allow, (b) build a fully functioning test environment in accordance with RMSS’s specifications and at RMSS’s sole cost to allow, or (c) provide the specifications to RMSS to enable RMSS to build a fully functioning test environment to allow, in each case, RMSS to analyze and evaluate all components of Release 2.0 and to confirm whether Release 2.0 meets the eLender Specifications with no severity one or two errors. LSI also agrees to provide RMSS at no additional cost, a mutually agreeable number of LSI personnel to provide technical assistance and support in operating the LSI staging or test environment and in testing and evaluating whether Release 2.0 meets the eLender Specifications with no severity one or two errors. RMSS shall have thirty (30) days from the date the test environment is ready in which to confirm that Release 2.0 of the eLender Software performs in accordance with its eLender Specifications with no severity one or two errors and that the eLender Documentation is reasonably complete as to the major functions of the eLender Software and is substantially accurate. If RMSS reasonably believes that the Release 2.0 of the eLender Software does not perform in accordance with the eLender Specifications with no severity one or two errors and/or that the eLender Documentation is not reasonably complete as to the major functi...