OMIT Sample Clauses

OMIT. The Parties hereby agree and confirm that specifically excluded from this Agreement is the following: a. All w▇▇▇▇ listed on Exhibit E, hereto. b. Any settlement, payment, redrill or any other manner of reconciliation agreed to between the relevant parties to the currently pending lawsuit American Natural Energy Corporation vs. Workstrings, et al which covers all operations conducted on the Exxon Mobil Fee # 2 Well with a surface location in Section 15-T15S-R21E and a bottom hole location of Section 14-T15S-R21E St. C▇▇▇▇▇▇ ▇▇▇▇▇▇ Louisiana along with any and all reserves associated with the initial wellbore and subsequent sidetracking operations. In a similar manner Dune will be indemnified and held harmless from any action of the courts relative to this case. Should the Fee#2 be redrilled by ANEC, Dune will have the option to participate with 50% proportionately reduced, by paying its share of all costs. c. The Production Facility, equipment, barges, boats, compressors, separators, tanks, buildings, disposal well being D▇▇▇ ▇▇▇▇ # ▇▇, sales pipelines and any other personal property utilized in the processing of storing of or transporting of production from the Bayou Couba Field.

OMIT. 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. 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. 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. 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. In the event the Mortgagee shall hereafter make any advances or incur any expenses on which, under the provisions of this Mortgage or by law, the Mortgagee is entitled to interest, such interest shall be computed at the rate per annum set forth in the Note secured hereby.

OMIT. The Mortgagor shall comply with or cause compliance with all applicable statutes, regulations and other laws (including, without limitation, all applicable zoning, building, fire and health codes and ordinances and the Americans With Disabilities Acts of 1990, if applicable), all other requirements of all governmental authorities whatsoever having jurisdiction over or with respect to the Premises or any portion thereof or the use or occupation thereof and with all applicable deed restrictions, if any; provided, however, that the Mortgagor may postpone such compliance if and so long as the validity or legality of any such requirement or restriction shall be contested by such Mortgagor, with diligence and in good faith, by appropriate legal proceedings and the Mortgagee is satisfied that such non-compliance will not impair or adversely affect the value of its security.

OMIT. 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.

OMIT. 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. 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;