OMIT. The Parties hereby agree and confirm that specifically excluded from this Agreement is the following:
OMIT. 9.2.3 In all cases of a breach or break of the conditions contained in the Stand By period the ESCROW AGENT will supply the breaching or breaking party with written notice of the breach or break which notice shall contain a 30-day cure period.
OMIT. 5.4 IN THE EVENT THAT A BIDDER IS UNWILLING OR UNABLE TO ACCEPT ANY SPECIFIC CONDITION OR STIPULATIONOF THIS SPECIFICATION, HE SHALL INCUDE AS AN ATTACHMENT TO HIS BID A LIST OF SAID EXCEPTIONS. IN THE UNLIKELY EVENT THAT SUCH BID IS THE SOLE BID RECEIVED FOR A SPECIFIC COUNTY, THE DEPARTMENT OF TRANSPORTATION MAY, AT ITS SOLE DISCRETION, ELECT TO WAIVE MINOR SPECIFICATION REQUIREMENTS SO EXCEPTED. HOWEVER THE DEPARTMENT ASSUMES NO OBLIGATION, NEITHER EXPRESSED NOR IMPLIED, TO EXERCISE THIS DISCRETION IN REGARD TO ANY INDIVIDUAL OR CUMULATIVE BID REQUIREMENT.
OMIT. 55. In any instance where Landlord brings an action or summary proceeding for any default of the Tenant under the Lease, whether for the non-payment of rent or additional rent or any other default, Landlord shall be entitled to reasonable attorney's fees in the event that it is successful; such attorney's fees may be claimed as additional rent in the said action. It is specifically agreed that reasonable attorney's fees for any one action or proceeding plus actual disbursements shall not be less than $750.00.
OMIT. 60. If the Demised Premises shall be acquired or condemned by eminent domain for any public or quasi-public purpose in whole or in part, Tenant shall have no claim against the Landlord and expressly waives all claims to any condemnation award for any taking, whether whole or partial and whether for diminution in value of leasehold or to the fee, although Tenant shall have the right, to the extent that same shall not reduce Landlord's award, to claim from the condemnor, but not from Landlord, such compensation as may be recoverable by Tenant in its own right for damage to Tenant's business and fixtures, if such claim can be made separate and apart from any award to Landlord and without prejudice to Landlord's award, provided Landlord's award does not include any value for Tenant's leasehold, fixtures or goodwill
OMIT. 66. If Tenant shall default after receipt of written notice and expiration of all cure periods in the timely payment of the fixed rent or additional rent, and any legal proceedings shall commence more than two times in any calendar year then, notwithstanding that such defaults shall have each been cured within the applicable period, if any, as above provided any further similar default shall be deemed to be deliberate and Landlord thereafter may serve three (3) days notice of termination upon Tenant without affording to Tenant an opportunity to cure such further default and Tenant shall remain liable for all damages and rent due during the period of occupancy by tenant.
OMIT. 5.1.10 Except with respect to product warranties provided by the purchaser in the ordinary course of business, the Purchaser is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any person, firm or corporation;
OMIT. An employee by the Union to be wrongfully or unjustly discharged or shall be entitled to a hearing under Article Grievance Procedure. Steps and of the Grievance Procedure shall be omitted in such cases. W Unjust or Discharge Should it be found upon investigation that an employee has been unjustly or discharged, such employee shall be reinstated in their former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such discharge or or by any other arrangement as to seniority or which is just and equitable in the opinion of the parties or in the opinion of a Board of Arbitration if the matter is referred to a Board.
OMIT. 9.3 In the event that tenants occupying more than 50% of the building of which the leased premises are a part wish to contest any assessment or levy of taxes on the premises herein demised, the Landlord covenants and agrees that it will contest or litigate said assessment, provided, however, that said litigation or contest shall be at the cost and expense of all the tenants, including Tenant, who shall each pay their respective pro rata share of such cost and expense. Any net resultant reduction or rebate of taxes shall belong to all tenants who will share same on a pro rata basis. In the event that Landlord obtains a reduction in taxes, Landlord shall pass on to tenant its pro-rata share of the net reduction, after reimbursing itself for all costs and expenses in connection with its tax appeal.
