Prior to the Commencement Date Sample Clauses
Prior to the Commencement Date. Owner alone shall be solely ------------------------------ responsible for present or future Environmental Claims directly or indirectly related to or arising out of the actual or alleged existence, generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of Hazardous Materials present at, in or under the Project and/or adjacent areas prior to the Commencement Date. Owner shall defend, indemnify and hold Operator harmless against all such Environmental Claims.
Prior to the Commencement Date. Notwithstanding that Sections 2.10 and 2.11 would apply to Warrants issued prior to the Commencement Date, those Sections shall not apply to any Warrants held by: (a) an Original Warrantholder (as defined in the Securities Purchase Agreement) who failed to attend (either in person or by proxy) any Shareholders Meeting called for the purpose of obtaining the Shareholder Approval and to vote in favour of such Shareholder Approval with the entirety of all voting rights available to such Original Warrantholder and (b) any person being a successor in title of, or claiming through or under, that Original Warrantholder.
Prior to the Commencement Date. Sublandlord ------------ shall provide to Subtenant, at Sublandlord's cost, a completed building shell including, common lobby/entrance, HVAC system stubbed to the Premises (but not distributed), electrical panels with 225 amps to each floor (not distributed), restrooms (with outside walls taped and prepared for painting) elevator, data (fiber) and phone cabling to phone cabinets (not distributed), plumbing connections to each floor (not distributed but available in bathroom) smoothed and even floors and a light well as more particularly shown in attached Exhibit C (the "Base Building Improvements"). Pursuant to Exhibit C hereto, Sublandlord shall construct Subtenant Improvements (as defined in Exhibit C for the Premises at Subtenant's cost. Sublandlord shall contribute a tenant improvement allowance (the "Allowance") to construct such Subtenant Improvements in the amount of $687,500 (subject to adjustment pursuant to Section 1 in the ratio of $25 per square foot of Rentable Area) to be applied toward all expenses associated with the construction, space planning, engineering, construction drawings, construction management, signage and other necessary permits directly associated with the Subtenant Improvements. Upon Subtenant's request, Sublandlord shall provide an additional tenant improvement allowance to Subtenant of up to $412,500 (subject to adjustment pursuant to Section 1 in the ratio of $15 per square foot of Rentable Area) to be used for the construction of the Subtenant Improvements which amount shall be amortized (at an annual interest rate of 10%) and repaid to Sublandlord over the Term of the Sublease in the form of additional rent by amendment to this Sublease pursuant to Exhibit C (Sublandlord Additional Allowance). Under no circumstances shall the Allowance or Sublandlord Additional Allowance be used for Subtenant's due diligence review of the Premises (or this Sublease) nor the design, acquisition or planning costs of Subtenant's personal property, furniture, trade fixtures or equipment.
Prior to the Commencement Date. Landlord has given or will give Tenant full access to the Premises to conduct any inspections or investigations regarding the Premises that Tenant deems necessary or appropriate. If Tenant takes occupancy of the Premises pursuant to this Lease, Tenant will be deemed to have examined the Premises and acknowledged that the Premises are satisfactory for occupancy as of the date of occupancy.
Prior to the Commencement Date the Authority shall give notice to the Contractor of the name and designation of its Authorised Officer and shall forthwith give notice to the Contractor of any replacement of its Authorised Officer from time to time during the Contract Period or if any person ceases to be the Authorised Officer.
Prior to the Commencement Date. Lessee shall remit to Lessor a security deposit in an amount set forth in Exhibit "A" hereto. Such amount shall constitute a security deposit (the "Security Deposit") under this Lease, shall be non-refundable during the Term of this Lease, and shall be held by Lessor as security for the timely and faithful performance by Lessee of all of Lessee's obligations under this Lease and for any damage or excessive wear and tear upon the Aircraft caused by Lessee. Lessee hereby grants Lessor a continuing security interest in the Security Deposit. Any interest accruing on the Security Deposit shall be the income and property of Lessor. If Lessee fails to pay rent hereunder or to pay any other sums due or to perform any of the other terms and provisions of this Lease or is otherwise in Default hereunder, Lessor may (but is not obligated to) use, apply or retain all or any portion of the Security Deposit in partial payment for sums due to Lessor by Lessee, to compensate Lessor for any sums it may in its discretion advance as a result of a Default by Lessee, or to apply toward losses or expenses Lessor may suffer or incur as a result of Lessee's Default hereunder. If Lessor uses or applies all or any portion of such Security Deposit, such application shall not be deemed a cure of any Default, and Lessee shall within five (5) days after written demand therefor deposit with Lessor in cash an amount sufficient to restore the Security Deposit to its original sum and the failure of Lessee to do so shall be a material breach of this Lease by Lessee. Provided Lessee is not in Default under this Lease and subject to the rights of Lessor to offset against amounts owed to Lessor as set forth above, the Security Deposit shall be returned to Lessee upon the expiration of the Term.
Prior to the Commencement Date. Landlord shall perform the following work at the Premises, at Landlord's sole cost and in accordance with all Legal Requirements ("Landlord's Work"): (i) demolish all existing improvements, including piping and electrical conduit, which are then permanently out of service, (ii) abatx xx encapsulate any asbestos or asbestos-containing materials ("ACM") within the Premises in accordance with all Legal Requirements, and provide Tenant with a New York City Department of Environmental Protection Form ACP-5 in connection therewith, and (iii) demise in a Building standard manner and deliver the Premises in broom clean condition.
Prior to the Commencement Date. If a letter of cancellation is not postmarked or submitted to staff before this date, the LESSEE will forfeit one hundred percent (100%) of the Security/Damage Deposit.
Prior to the Commencement Date. Landlord shall obtain from the Security Holder of the Existing Security Agreement, for the benefit of Tenant, a non-disturbance agreement, in substantially the form attached to the Lease as Exhibit H (“SNDA”), providing generally that as long as Tenant is not in Default under this Lease, this Lease will not be terminated if such Security Holder acquires title to the Building or Project by reason of foreclosure proceedings, acceptance of a deed in lieu of foreclosure, or termination of the leasehold interest of Landlord, provided that Tenant attorns to such Security Holder in accordance with its requirements. Except for making such commercially reasonable efforts. Landlord will be under no duty or obligation hereunder with respect to the Existing Security Agreement, nor will the failure or refusal of the Security Holder of any Existing Security Agreement to grant a non-disturbance agreement render Landlord liable to Tenant, or affect this Lease, in any manner. In the event Landlord obtains a non-disturbance agreement hereunder for the benefit of Tenant, the parties acknowledge that Subsection (1) of this Section 1.B shall not apply and the terms and provisions of such non-disturbance agreement shall supersede the provisions of that Subsection. In addition, in the event of any conflict between the provisions of the non-disturbance agreement and the provisions of Section 1.C below, the provisions of the non-disturbance agreement shall control.
Prior to the Commencement Date. Contractor at its sole cost and expense, may inspect the LAWA’s Landside Shuttle Bus Fleet, provided however, Contractor shall document the results of the inspection of each bus in a form acceptable to the Executive Director, and shall submit the inspection report to City upon request by Executive Director.