Rejected Sites. (1) At least 15 days prior to Closing, CCIC and Buyer shall provide notice to Powertel and Sellers as to whether Buyer desires to purchase any Assets that are Defective Sites or Incomplete Sites; any such sites which Buyer desires to purchase shall be deemed to be Accepted Sites and shall be deemed to be removed from Schedule 1.2 or 1.3, as the case may be, and added to Schedule 1.1, and the Closing Certificate may be modified by Powertel and Sellers to qualify or omit the representations and warranties of Powertel and the Sellers with respect to the applicable Defect with no adjustment to the Purchase Price. Such sites shall be transferred and conveyed at the Closing subject to both the Defect and the Permitted Encumbrances. (Notwithstanding any notice to Powertel and Sellers that Buyer desires to purchase any Assets that are Defective Sites or Incomplete Sites, for a period of five days after its receipt of such notice, Powertel and Sellers shall have the right to notify CCIC and Buyer that they have elected to not sell a site (i) which contains, or which Powertel and Sellers reasonably believe may contain, an Environmental Condition that Powertel and Sellers desire to correct at their cost, or (ii) in the case of a failure to obtain a Required Consent or other material consent or otherwise if in Powertel's and Sellers' reasonable judgment such Defect would adversely affect under the Master Lease Powertel's or Sellers' use, occupancy or operation of the Defective Site in any material way; any such site not sold shall be deemed to be a Rejected Site. CCIC and Buyer shall have the right to dispute in good faith an election by Powertel and Sellers to not sell a site for one of such reasons and to invoke the procedures described in Section 10.2 of this Agreement.)

Rejected Sites. Purchaser identified Sites #326, #1084, #1338 and #1356 as Rejected Sites. Purchaser stated the Inspection Defect for Sites #326, #1084, and #1356 to be “insufficient dealer security under Land Contract.” Purchaser stated the Inspection Defect for Site #1338 to be “Land Contract has matured and dealer is in default. Potential claim asserted by attorney for dealer.” Notwithstanding anything to the contrary in the Asset Purchase Agreement (including but not limited to the Seller’s right to cure Inspection Defects set forth in section 1.4(a)), (i) the Asset Purchase Agreement is hereby amended to exclude all Assets associated with Sites #326, #1084, #1338 and #1356; and (ii) the purchase prices allocated to Sites #326, #1084, #1338 and #1356 on Schedule 1.3(a) shall be reduced to $0.00 (an aggregate $8,810,848 reduction) resulting in a corresponding $8,810.848 reduction of the total Purchase Price set forth in Section 1.3(a) and an aggregate reduction of $6,743,702 to the amount allocated to Land Contracts/Promissory Note on Schedule 1.3(d) and an aggregate reduction of $2,067,145 to the amount allocated to Supply Contracts on Schedule 1.3 (d).

Rejected Sites. (a) At least thirty (30) days prior to Closing, ATLP shall provide notice to Target and Target Stockholder as to whether ATLP desires to purchase any Target Assets that are Defective Sites; any such sites which ATLP desires to purchase shall be deemed to be accepted by ATLP ("Accepted Sites") and shall be deemed to be removed from the adjustments to the Purchase Price in Section 3.1(a), and the certificate to be delivered by Target and the Target Stockholder pursuant to Section 8.2(c) may be modified by Target and the Target Stockholder to qualify or omit the representations and warranties of Target and the Target Stockholder with respect to the applicable Defect, with no adjustment to the Purchase Price. Such Accepted Sites shall be transferred and conveyed at the Closing subject to both the applicable Defect and any Permitted Liens.

Rejected Sites. The parties hereto acknowledge and agree that the -------------- following Tower Sites are Rejected Sites under the Agreement: (i) Pine Mountain (I-GA-072-0008); (ii) Greenway (A-GA-060-0023); (iii) U.S. 278 (J-GA-025-998); (iv) Prattville (B-AL-001-149); (v) Shiloh (N0581); (vi) Heck Road (AN0017A); and (vii) Temple (AS0329C).

Rejected Sites. At Closing, the aggregate value of the Sites and Supply Sites transferred shall constitute at least 70% of the Purchase Price allocated to the Sites and Supply Sites on Schedule 1.3(a).

Rejected Sites. If any Site proposed by Consultant for the Construction of a Restaurant is rejected by Owner, such Site may be developed, owned and operated by Consultant, an Affiliate of Consultant or a franchisee of an Affiliate of Consultant, notwithstanding any provision of this Agreement, the Development Agreement or the Management Agreement. If any Site proposed by Owner for the Construction of a Restaurant is rejected by Consultant, such Site shall not be developed as a Restaurant.

Related to Rejected Sites

Contracted Services Subject only to the provisions contained in the Letter of Understanding which is appended to, and which forms a part of this Agreement, the Employer agrees that all work coming under the jurisdiction of the Union, performed by anyone on behalf of, or at the instance of the Employer, directly or indirectly under contract or subcontract, shall be performed by employees who are members of the Union, or who shall become members in accordance with the terms and conditions as set out in the Agreement.
Designated Equipment; Designated Locations The System and the Data Access Services shall be used and accessed solely on and through the Designated Configuration at the offices of the Fund or the Fund Accountants in Xxxxxxxxx, Xxxxxxxx xx Xxxxxx Xxxxx, Xxxxxxxx (“Designated Locations”).
Rejected Items; Abandonment (a) The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be brought, to any State premises or other destination, Goods, as samples or otherwise, and other supplies, materials, equipment or other tangible personal property. The State may, by written notice and in accordance with the terms and conditions of the Contract, direct the Contractor to remove any or all such Goods (“the “Rejected Goods”) and any or all other supplies, materials, equipment or other tangible personal property (collectively, the “Contractor Property”) from and out of State premises and any other location which the State manages, leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property in accordance with the terms and conditions of the written notice. Failure to remove the Rejected Goods or the Contractor Property in accordance with the terms and conditions of the written notice shall mean, for itself and all Contractor Parties, that:
Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.
Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.
Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
Interconnection Facility Options The Intercarrier Compensation provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where either Party acts as an IntraLATA Toll provider, each Party shall xxxx the other the appropriate charges pursuant to its respective tariff or price lists. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall xxxx such third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers.
Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.
Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.
Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

Rejected Sites Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Rejected Sites