SAMPLE. (i) Unless agreed otherwise, wheeled or track lay- ing equipment shall not be operated in areas identified as needing special measures except on roads, landings, tractor roads, or skid trails approved under B5.1 or B6.422. Purchaser may be required to backblade skid trails and other ground disturbed by Purchaser’s Opera- tions within such areas in lieu of cross ditching required under B6.6. Additional special protection measures needed to protect such known areas are identified in C6.24.
SAMPLE. Quantity adjustments shall not be made under this Section after there is modification for Catastrophic Damage under BT8.32.
SAMPLE. 3. A sale by a lender or an affiliate or subsidiary of a lender that acquired the real property by foreclosure or deed in lieu of foreclosure;
SAMPLE. If the whole or any part of the Premises is acquired by a condemning authority, either by sale in lieu of condemnation or by the exercise of the power of eminent domain, then in and as a direct result of that event, this Agreement will terminate from the date of sale or title vesting, and Company will have no claim whatsoever, including claims of apportionment, against Authority either for the value of any unexpired Term of this Agreement or for the value of leasehold improvements. However, nothing in this provision will limit or destroy any right of Company to separately claim moving costs or business loss solely against the condemning authority where statutes or other applicable law apply.
SAMPLE. 3.1 (If applicable and the project has specifications, insert the specifications into this section.)
SAMPLE. 10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
SAMPLE. 2.43 Solid Waste shall mean (1) any waste that is or becomes defined as a “solid waste”, “waste”, “special waste”, “garbage”, or “commercial solid waste” under any environmental law, including but not limited to, the rules of the FDEP, specifically Chapter 62-702, FAC; or (2) any waste that can require special handling and management, including but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, biological wastes, and mercury-containing devices and lamps; or (3) any waste that is not hazardous waste and that is not prohibited from disposal in a lined landfill under Rule 62-701.300, FAC; or (4) yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, or furniture other than appliances.
SAMPLE a. The Vendor shall secure and maintain for the duration of this Agreement a General Liability Insurance policy or policies at no cost to the City of Dover. The coverage of said insurance policy shall be in an amount of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. An insurance certificate shall be supplied to the City of Dover by the Vendor, as well as proof of an endorsement or policy additional insured provisions confirming the City of Dover’s additional insured status. The City of Dover shall be named as an additional insured on the Vendor’s general liability insurance policy, which coverage shall apply on a primary and noncontributory basis, and, subject to the dollar amounts specified above, cover the City of Dover with the same scope of coverage provided to the Vendor under the general liability policy without subjecting the City of Dover to any different or additional terms, conditions, limitations or exclusions. A condition of the insurance coverage shall be thirty (30) days’ notice to the City of Dover upon cancellation of the policy. The Vendor shall also provide the City of Dover certificates of renewal and, if requested, proof of an endorsement or policy additional insured provisions for any applicable insurance policy no later than ten (10) business days prior to the expiration of said policy.
SAMPLE. This waiver covers a progress payment for such Work, materials, or equipment through the stated Date, and does not extend to retention or to Work performed or materials or equipment supplied after the stated Date. The waiver is conditioned only upon the Subcontractor's receiving payment from the Contractor in the amount identified above. Subcontractor certifies that it has paid for all labor, equipment, material, supplies and services which have been paid to Subcontractor under previous payments issued by the Contractor. Upon receipt of such payment, this waiver shall become effective, without further conditions, as a release pro tanto of Subcontractor's rights to assert a mechanics' lien or to claim under any payment bond. Any person who receives this Waiver should verify that payment has actually been received before relying on the Waiver. Signature Typed or Printed Name Title Date The individual who has before me signed the foregoing Form of Conditional Waiver of Liens on the date shown, being first duly sworn, deposes and says that they are authorized to execute the foregoing on behalf of the Subcontractor/Supplier indicated above and that the statements contained herein are true: Subscribed and sworn to before me this day of , . Notary Public My Commission Expires: SCHEDULE "H" FINAL RELEASE AND WAIVER OF ALL CLAIMS AND LIENS WHEREAS, ("Subcontractor") has performed work or furnished material under a subcontract and/or purchase order agreement (collectively a "Subcontract") with Wohlsen Construction Company ("Contractor") for the construction project known as Job Number located at (hereinafter the "Owner"). Subcontractor, upon receipt of the amount indicated below, hereby certifies and represents that it has received full payment of all costs, charges and expenses incurred by it or on its behalf for work, labor, services, materials and equipment supplied to the foregoing premises and/or used in connection with his work under said Subcontract. SAMPLE In consideration of the amounts and sums previously received, and upon the receipt of $ as identified on Application For Payment No. being the full and Final Payment due, Subcontractor does hereby release and forever discharge the Owner and Contractor, their officers, directors, employees, trustees, affiliates, agents and subsidiaries from any and all claims, delay claims, mechanic's and materialman's liens and other liens and rights of liens upon the premises described above, now or in the future, and upo...
SAMPLE. 24. If the Association contracts with Xxxxxxxxx Cotton Co. Xxxxxxxxx Cotton Co., in its discretion, may attempt to achieve a price enhancement for the benefit of the Association, and through the association, for the Producer. There is no guarantee of an enhancement. Xxxxxxxxx’x interest in doing this is to enhance, attract and keep the business of Association, and through Association, the business of Producer. Xxxxxxxxx will also be attempting to maximize its own returns, and these activities may produce a conflict of interest. Xxxxxxxxx may from time to time enter into agreements with other cooperatives, associations, or third parties in which it seeks to enhance their interests and these activities also may produce a conflict of interest. It is agreed that Xxxxxxxxx has no duty to subordinate its own interests or the interests of others in order to enhance the price of the cotton of the Association and its members. Any conflict of interest waived. Cotton markets are highly risky and volatile. The sole remedy of Producer for failure to receive a desired price enhancement will be to decline to sign up with Association in the future. The sole remedy of Association for failure to receive a desired price enhancement will be to decline to contract with Xxxxxxxxx in the future.
