Section reserved Sample Clauses
Section reserved. The Fund agrees that prior to effecting any change in the Prospectus (other than changes required by applicable law or regulation) which would increase or alter the duties and obligations of the Transfer Agent hereunder, it shall advise the Transfer Agent of such proposed change at least 30 days prior to the intended date of the same, if reasonably practicable, and shall proceed with such change only if it shall have received the consent of the Transfer Agent thereto, and the Transfer Agent shall not unreasonably withhold such consent. In connection with any such increase or alteration of the duties and obligations of the Transfer Agent hereunder, the Transfer Agent shall receive such additional charges as the parties may mutually agree.
Section reserved. The Date of Substantial Completion of the Project or a designated portion thereof is the date certified by Architect/Engineer when (i) construction is sufficiently complete in accordance with the Drawings and Specifications so the Tenant can occupy or utilize the Project or designated portion thereof for the use for which it is intended with a minimum of interference by Construction Manage and the Trade Contractors and is complete with the exception of punch list items of a minor nature (having an aggregate value of less than $25,000) and (ii) Construction Manager has supplied Tenant with a certificate of occupancy or an equivalent use or occupancy permit issued by the building inspector within the municipality where the Project is located. Guarantees and warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion of the Project or designated portion thereof, or such later date as may be specified in the Specifications with respect to any applicable Trade Contractor or supplier. Should the Construction Manager be unable to secure the certificate of occupancy due to acts or omissions of the Tenant or its Architect/Engineer which are not cured within seven days after written notice from the Construction Manager specifying such acts or omissions in reasonable detail, then such delay shall entitle the Construction Manager to the benefits allowed under Subparagraphs 5.4 and 7.2.2.
Section reserved. The Cost of the Project shall not include:
Section reserved. All costs directly, reasonably and properly incurred in the performance of the Project and not included in the Construction Manager's Fee as set forth in Paragraph 7.3, subject to Tenant's prior written approval which shall not be unreasonably withheld.
Section reserved. Charges for services provided by the Construction Manager's employees based on:
Section reserved. Reasonable transportation, traveling, moving, temporary subsistence and hotel expenses of the Construction Manager or of his officers or employees incurred in discharge of duties connected with the Project, all in accordance with the Construction Manager's standard personnel policy; provided that such expenses are approved in advance by Tenant.
Section reserved. Direct Personnel Expense is defined as the direct salaries of the Construction Manager's employees engaged in performing the services under this Agreement as described in Subparagraphs 8.