Releasing Sample Clauses

Releasing. Relet the Premises as agent of Tenant for the balance of the term of this Lease or for a shorter or longer term and receive the rents therefor, applying them first to the payment of the expense of such reletting and, second, to the payment of damages suffered to the Premises, and third to all sums due and to become due under this Lease, Tenant remaining liable for and hereby agreeing to pay Landlord any deficiency; and/or
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Releasing. In the event of any termination of this Lease or of any re‑entry of the Demised Premises by Landlord, Landlord may relet the Premises or any part or parts thereof either in the name of Landlord or Tenant for a term or terms which may at Landlord’s option extend beyond the balance of the Term and Tenant shall pay Landlord any deficiency between the Rent Doc #02-572903.1 hereby reserved and covenanted to be paid and the net amount of the rents collected on such reletting, as well as any reasonable expenses incurred by Landlord in such reletting, including, but not limited to, reasonable attorneys’ fees, brokers’ fees, and reasonable expenses of remodeling and putting the Premises in good order and preparing the same for rerental. Such deficiency shall be paid in monthly installments, upon statements rendered by Landlord to Tenant. For the purpose of determining the deficiency in Rent, the Rent reserved shall be deemed to be the Base Rent plus the highest average monthly Additional Rent paid during any Lease Year prior to said default. Any suit brought to collect the amount of the deficiency for any one or more months shall not preclude any subsequent suit or suits to collect the deficiency for any subsequent months.
Sample 1
Releasing. If the total of the request by B.C. Hydro and the net requests of the U.S. Parties to release from NTSA exceeds the amount by which the outflow may be increased, the total request shall be reduced first by reducing the larger of the two requests by up to the amount it exceeds the smaller request and then by reducing each request by equal amounts, until the total of the requests does not exceed the allowable outflow increase. The U.S. share of the allowable outflow increase will be divided Pro Rata among the U.S. Parties. If any U.S. Party desires to release less than its Pro Rata share, the unused portion of its Pro Rata share shall be allocated Pro Rata to the remaining U.S. Parties up to the amount of their requests. If the total of the request by B.C. Hydro and the net requests of the U.S. Parties to release from NTSA exceeds the available generating capacity (amount by which the outflow may be increased without causing spill), the amount of releases which will be generated will be based on reducing the larger request by up to the amount it exceeds the smaller request and then by reducing each request by equal amounts until the total of the requests does not exceed the available generating capacity. The U.S. share of the available generating capacity (Canadian and U.S.) will be divided Pro Rata among the U.S. Parties requesting to release. If any U.S. Party desires to release less than its Pro Rata share, the unused portion of its Pro Rata share shall be allocated Pro Rata to the remaining U.S. Parties up to the amount of their requests. Any NTSA Parties desiring to release in excess of their share may do so, however, additional release requests greater than their share as determined above will be the first increment of spill at any project.
Sample 1
Releasing. The right of the Releasing NTSA Party to receive energy for NTSA releases shall not be reduced by spill to allow fish to bypass turbines, spill due to lack of load, or inadvertent spill when not utilizing all available, at-site, generating capacity. For any hour during which a project spilled due to lack of available generating capacity and for which the spill for such hour was less than the NTSA release, the amount of the non-Treaty storage release spilled will be the amount of actual spill. If the actual spill was greater than the amount of the release, then the energy owed for the NTSA release for such hour will be set to zero and the total spill shall be reduced by the amount of the release for that hour. The previous hour will then be examined, comparing the remaining spill balance with the amount of the NTSA release plus any unused generating capacity. For any hour that the NTSA release plus the unused generating capacity was less than the remaining spill balance, no energy was owed and the remaining spill balance shall be reduced by the NTSA release plus the unused generating capacity. This process will be continued for each preceding hour until the NTSA release plus any unused generating capacity was greater than the spill. The full amount of energy will be owed for this hour. However, this process shall not be continued into the previous day. The final step is to calculate from the hourly determinations the day average NTSA release that was not spilled. If several hours worth of spill occur, the last hour in the day that spill occurred will be examined first, and for any preceding hour that spill occurred, the amount of spill for that hour will be added to the remaining spill balance, prior to comparing the non-Treaty storage release plus turbine capacity with the remaining spill balance. Exhibit E, Page 11 of 14 Contract No. DE-MS79-00XX00000 Mid-Columbia Participants Effective at 2400 hours on March 19, 1991
Sample 1
Releasing. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall use commercially reasonable efforts to relet the Premises or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by tenant relative to such reletting and may give the leasing of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and, in connection herewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses of reentry, redecoration, repair and alterations and the expense of reletting (including without limitation brokers’ commissions and attorneys’ fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such reentry or repossession, repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord’s part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder. Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.
Sample 1
Releasing. At any time during the Lease Term and any Renewal Terms, upon reasonable advance notice to Tenant and during reasonable hours, Landlord may show the Project to prospective purchasers and/or lenders. During the last twelve (12) months of the Lease Term if the Lease is not extended or during the last twelve (12) months of any Renewal Term, if the Lease has not been further extended, Landlord may show, upon reasonable advance notice and during reasonable hours, the Project to prospective tenants and may exhibit a "For Lease" sign on the Land and at such other reasonable location(s) at or about the Project as Landlord shall reasonably determine. Tenant shall have the right to accompany Landlord during any showing to any prospective purchaser, lender or tenant, and Tenant shall have the right to limit or restrict access to such portion or portions of the Leased Premises as may be reasonably necessary to protect Tenant's business interests. Landlord shall not disturb, interrupt or interfere with Tenant's business operations during any such showing.
Sample 1
Releasing. Landlord may show the Leased Premises to prospective tenants during the last 180 days of the Term during reasonable hours after giving Tenant prior oral notice and Landlord may exhibit a "For Lease" sign on the Leased Premises.
Sample 1
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Releasing. If Landlord terminates Tenant’s right to possession of the Premises without terminating this Lease, Landlord may relet the Premises or any part thereof. In such case, Landlord shall use reasonable efforts to relet the Premises on such terms as Landlord shall reasonably deem appropriate; provided, however, Landlord may first lease Landlord’s other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. Tenant shall reimburse Landlord for all reasonable costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other expenses incurred to secure a new tenant for the Premises, and tenant inducements. In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.
Sample 1
Releasing. Upon the expiration of the term of the Aircraft Lease, Trustee will not enter into any Subsequent Lease unless (i) the insurance required under the Subsequent Lease complies with the requirements of Section 2.21 hereof, (ii) the maintenance provisions contained in the Subsequent Lease are no less stringent than general industry standards for comparable aircraft, (iii) an appraisal by an independent appraiser mutually acceptable to Trustee and CoreStates provides that the value of the Aircraft is in excess of $5,000,000 when subjected to the Subsequent Lease, (iv) Trustee executes an assignment of lease in favor of CoreStates which gives CoreStates a collateral assignment in the Subsequent Lease and all payments thereunder equivalent to the rights granted hereunder to CoreStates in the Aircraft Lease, (v) Trustee gives CoreStates written notice of the material terms of the Subsequent Lease at least 30 days prior to entering into the Subsequent Lease of within such time as is reasonably practical in connection with such lease, and (vi) Trustee does everything
Sample 1

Related to Releasing

  • Releases The Guarantee of the Guaranteeing Subsidiary shall be automatically and unconditionally released and discharged, and no further action by the Guaranteeing Subsidiary, the Issuer or the Trustee is required for the release of the Guaranteeing Subsidiary’s Guarantee, upon:

  • Release BORROWER HEREBY ACKNOWLEDGES THAT IT HAS NO DEFENSE, COUNTERCLAIM, OFFSET, CROSS-COMPLAINT, CLAIM OR DEMAND OF ANY KIND OR NATURE WHATSOEVER THAT CAN BE ASSERTED TO REDUCE OR ELIMINATE ALL OR ANY PART OF ITS LIABILITY TO REPAY THE "OBLIGATIONS" OR TO SEEK AFFIRMATIVE RELIEF OR DAMAGES OF ANY KIND OR NATURE FROM LENDER. BORROWER HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES LENDER, ITS PREDECESSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THIS AMENDMENT IS EXECUTED, WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST LENDER, ITS PREDECESSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY "LOANS", INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE LOAN AGREEMENT OR OTHER LOAN DOCUMENTS, AND THE NEGOTIATION OF AND EXECUTION OF THIS AMENDMENT.

  • Released Parties The term “Released Parties,” as used in this Release, shall mean the Company Group and any of its past or present employees, administrators, agents, officials, officers, directors, shareholders, divisions, parents, subsidiaries, successors, affiliates, general partners, limited partners, consultants, employee benefit plans (and their sponsors, fiduciaries, or administrators), insurers, accountants and attorneys.

  • Discharges 1) If the arbitrator finds that the order of discharge should be modified, the appellant shall be restored to a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty, as determined by the arbitrator.

  • Subrogation to Rights of Holders of Senior Debt Subject to the payment in full of all amounts due or to become due on all Senior Debt, or the provision for such payment in cash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, the Holders of the Securities shall be subrogated to the extent of the payments or distributions made to the holders of such Senior Debt pursuant to the provisions of this Article XII (equally and ratably with the holders of all indebtedness of the Company that by its express terms is subordinated to Senior Debt of the Company to substantially the same extent as the Securities are subordinated to the Senior Debt and is entitled to like rights of subrogation by reason of any payments or distributions made to holders of such Senior Debt) to the rights of the holders of such Senior Debt to receive payments and distributions of cash, property and securities applicable to the Senior Debt until the principal of and any premium and interest (including any Additional Interest) on the Securities shall be paid in full. For purposes of such subrogation, no payments or distributions to the holders of the Senior Debt of any cash, property or securities to which the Holders of the Securities or the Trustee would be entitled except for the provisions of this Article XII, and no payments made pursuant to the provisions of this Article XII to the holders of Senior Debt by Holders of the Securities or the Trustee, shall, as among the Company, its creditors other than holders of Senior Debt, and the Holders of the Securities, be deemed to be a payment or distribution by the Company to or on account of the Senior Debt.

  • Covenant Not to Sue a. To the fullest extent permitted by law, at no time subsequent to the execution of this Agreement will you pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, of any charge, claim or action of any kind, nature and character whatsoever, known or unknown, which you may now have, have ever had, or may in the future have against Releasees, which is based in whole or in part on any matter released by this Agreement.

  • ADEA Release You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you have under the ADEA, and that the consideration given for the waiver and releases you have given in this Agreement is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised, as required by the ADEA, that: (a) your waiver and release does not apply to any rights or claims that arise after the date you sign this Agreement; (b) you should consult with an attorney prior to signing this Agreement (although you may choose voluntarily not to do so); (c) you have twenty-one (21) days to consider this Agreement (although you may choose voluntarily to sign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke this Agreement (in a written revocation sent to me); and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Agreement provided that you do not revoke it (the “Effective Date”).

  • Subrogation; Subordination Each Guarantor hereby agrees that until the payment and satisfaction in full in cash of all Guaranteed Obligations and the expiration and termination of the Commitments of the Lenders under this Agreement it shall waive any claim and shall not exercise any right or remedy, direct or indirect, arising by reason of any performance by it of its guarantee in Section 11.01, whether by subrogation or otherwise, against the Borrower or any other Guarantor of any of the Guaranteed Obligations or any security for any of the Guaranteed Obligations. Any Indebtedness of any Loan Party permitted pursuant to Section 7.03(b)(ii) or 7.03(d) shall be subordinated to such Loan Party’s Obligations in the manner set forth in the Intercompany Note evidencing such Indebtedness.

  • Waiver and Release In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected his settlement with the debtor. This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

  • Photo Release The Resident grants to University permission to: record Resident's participation and appearance on videotape, audiotape, film, photograph or any other medium; use Resident's name, likeness, voice and biographical material in connection with such recordings; exhibit or distribute such recordings in whole or in part without restrictions or limitation for any legal purpose, including without limitation educational or promotional purposes, which the University and those acting pursuant to its authority deem appropriate; and copyright such recordings in its own name or to publish, to market and to assign without consideration, compensation or report to Resident.

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