Other Capital. Rentals and other related expenses incurred in leasing air conditioning systems, elevators or other equipment, the cost of which if purchased would be excluded from Operating Expenses as a capital cost, excepting from this exclusion equipment not affixed to the Project which is used in providing janitorial or similar services and, further excepting from this exclusion such equipment rented or leased to remedy or ameliorate an emergency condition in the Project;
Other Capital. Major repairs or replacement due to electrical failures or short circuits in risers, panels, disconnect, transformers, circuit boards, main switches and overload protection and control hardware. Major repairs or replacement due to inclement weather including but not limited to damage from major & minor leaks, floods, tornados, lightning, earthquakes and other acts of God.
Other Capital. If, upon cancellation, termination or expiration of this Agreement (the "Termination") the Company is a party to an executed letter of intent or an agreement relating to a business combination identified by Xxxxxxx in writing which leads to a consummated transaction within 18 months from the Termination (i) involving the raising of capital through debt instruments and/or equity securities, Xxxxxxx shall receive a fee of ten percent (10%) of the "gross transaction amount" (The gross transaction amount is defined as the total value of the amount of each draw down against a new line of credit and/or any amount paid to the Company as equity and/or debt.); or (ii) resulting in the purchase or merger of net assets or stock, Xxxxxxx shall receive a fee of three (3%) percent of the first $10,000,000 and one and one-half (1-1/2%) percent of the amount over $10,000,000 of the gross transaction amount, paid or received by the Company (or by any subsidiary or affiliated entity of the Company) (hereinafter, a "Transaction"), notwithstanding that the consummation occurs any time within 12 months subsequent to Termination. If at Termination no letter of intent or other agreement is outstanding, Xxxxxxx shall furnish the Company with a final list (the "Final List") of all potential candidates it participated in discussions with about the Private Placement (other than Excluded Parties) prior to the Termination. If a business combination is concluded within twelve (12) months from the Termination with a candidate set forth on said Final List, Xxxxxxx shall be entitled to the same fees outlined in this paragraph as if the business combination had been consummated during the term of this Agreement. The Company shall furnish to Xxxxxxx the names of all parties with which the Company has had discussions prior to the date hereof concerning the Private Placement.
