TIME IS OF THE ESSENCE HEREOF. Any notice(s) to Guarantor shall be sufficiently given, if mailed to the first above stated address(es) of Guarantor.
TIME IS OF THE ESSENCE HEREOF. 16.7 Neither Seller nor Buyer have employed or engaged any broker or agent in connection with this transaction or have incurred any other obligation, contingent or otherwise, for a broker's or finder's fee with respect to the matters provided for in this Agreement, except for Thomas Bradshaw ("Seller's Broker") and CB Richard Ellis/Kansas City ("Xxxxx'x Xxxxer"). Upon consummation of txx xxxxxxxx xnd sale of the Property at Closing, Seller shall pay in full a total commission equal to two percent (2%) of the Purchase Price to be shared equally by Seller's and Buyer's Brokers. Each party hereto agrees to hold the other party harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys fees, resulting from a violation of the representations, warranties and covenants set forth in this Section and this Agreement shall survive the Closing hereunder, or if the Closing does not occur, the termination of this Agreement.
TIME IS OF THE ESSENCE HEREOF. Any notice(s) to Guarantor shall be sufficiently given to the Guarantor and deemed to have been received and to be effective on the day on which delivered to the Guarantor c/o___________________ _________________________________________________________________ or if sent by certified mail, return receipt requested, to such address, on the day of delivery or refusal of delivery as evidenced by the return receipt therefor.
TIME IS OF THE ESSENCE HEREOF. 16.7 Neither Seller nor Purchaser have employed or engaged any broker or agent in connection with this transaction or have incurred any other obligation, contingent or otherwise, for a broker's or finder's fee with respect to the matters provided for in this Agreement, except for Insignia/ESG, Inc. of Boston, whose fees shall be paid by Seller. Each party hereto agrees to hold the other party harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys fees, resulting from a violation of the representations, warranties and covenants set forth in this Section and this agreement shall survive the Closing hereunder, or if the Closing does not occur, the termination of this Agreement.
TIME IS OF THE ESSENCE HEREOF. 15.8 Buyer and Seller agree that no brokerage fee is due to any third party as a result of this transaction. Buyer and Seller further agree that neither will pay a brokerage commission or finder's fee to any third party under this agreement except a fee not to exceed one and one-half percent (1.5%) of the gross Purchase Price to Colliers Turley Martin Tucker ("Broker"), which fee to be paid in its entirety xx Xxxlxx xx xxxxxxx. Broker shall certify as to the aggregate amount of fees received from all parties. Seller and Buyer further agree to defend and hold one another harmless under the agreement against all costs and claims for broker's commissions or finder's fees made by any other person other than the Broker in connection with this transaction. This agreement shall survive the Closing hereunder, or if the Closing does not occur, the termination of this Agreement.
TIME IS OF THE ESSENCE HEREOF. 6. Set-off. If any process is issued or ordered to be served upon any of the Motorola Parties, seeking to seize any right and/or interest of the Guarantor or any of the Foreign Subsidiaries in any amounts owed by any of the Motorola Parties, if any, the balance(s) owed shall immediately be deemed to have been and shall be set-off against any and all Foreign Subsidiary Obligations and/or all obligations and liabilities of the Guarantor hereunder, as of the time of the issuance of any such writ or process; whether or not the Guarantor, the Foreign Subsidiaries and/or any of the Motorola Parties shall then have been served therewith.
TIME IS OF THE ESSENCE HEREOF. 16.7 Neither Seller nor Buyer have employed or engaged any broker or agent in connection with this transaction or have incurred any other obligation, contingent or otherwise, for a broker's or finder's fee with respect to the matters provided for in this Agreement, except for CB Richard Ellis/Pittsburgh and CB Richard Ellis/Kansas City (the "Brokxxx"). Xxxx xonsummation of the xxxxxxxx xxx sale of the Property at Closing, Seller shall pay in full a total fee not to exceed One Hundred Thousand and NO/00 dollars ($100,000) which shall be apportioned equally between the Brokers. Brokers shall certify as to the aggregate amount of fees received from all parties. Seller and Buyer agree to hold the other party harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees, resulting from a violation of the representations, warranties and covenants set forth in this Section. Seller and Buyer further agree to defend one another under the agreement against all costs and claims for broker's commissions or finder's fees made by any other person other than the brokers in connection with this transaction. This agreement shall survive the Closing hereunder, or if the Closing does not occur, the termination of this Agreement.
TIME IS OF THE ESSENCE HEREOF. 16.8 Buyer and Seller agree that no brokerage fee is due to any third party as a result of this transaction. Buyer and Seller further agree that neither will pay a brokerage commission or finder's fee to any third party under this agreement except a fee not to exceed One-Half Percent (1/2%) of the gross Purchase Price to Investment Realty Advisors ("Broker"). Broker shall certify as to the aggregate amount of fees received from all parties. Seller and Buyer further agree to defend and hold one another harmless under the agreement against all costs and claims for broker's commissions or finder's fees made by any other person other than the Broker in connection with this transaction. This agreement shall survive the Closing hereunder, or if the Closing does not occur, the termination of this Agreement.
TIME IS OF THE ESSENCE HEREOF. If Trustor fails to pay any installment of principal or interest on the Note within ten (10) days of the date the same is due and payable, or fails to pay when due any taxes, assessments or insurance premiums or any lien or charge upon the Property, or if Trustor fails to perform or observe any other, covenant or agreement of Trustor contained in this Deed of Trust or in the Loan Documents for more than thirty (30) days after receipt of written notice specifying such default, or if any representation or warranty made by Trustor or any guarantor of the Note was materially false or misleading at the time it was made, or if Trustor or any guarantor fails to disclose any material fact, or if Trustor falls to provide or maintain the insurance required by this Deed of Trust, or fails to perform or observe any other obligation of Trustor to Beneficiary when due, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Trustor and is not dismissed within sixty (60) days, or if Trustor is dissolved, changes its form of legal entity or ceases doing business as a going concern, or if any guarantor of the Loan revokes, or attempts to revoke, its guaranty, or is the subject of a petition in bankruptcy or other insolvency proceeding, or if a Conveyance has occurred without the prior written consent of Beneficiary, or a Change of Control has occurred with respect to Trustor or any guarantor without the prior written consent of Beneficiary, then and in any such event (each of such events being a default by Trustor under this Deed of Trust for all purposes of this Deed of Trust, including the acceleration previsions contained in the Note), the entire unpaid principal balance of the Loan with interest thereon, at the option of the Beneficiary or the holder of the Note, shall become immediately due and payable and Beneficiary may exercise its rights and remedies under the Loan Documents and applicable law. Without limiting the foregoing, Beneficiary may enter upon the Property, exclude Trustor and its employees therefrom, and having and holding same, may use, operate, manage and control the Property and conduct the business thereof. Upon entry, Beneficiary may maintain and restore the Property, and make repairs and improvements as Beneficiary may deem necessary. Beneficiary may cause Trustee to execute a written notice of default and of election to cause the Property to be sold to satisfy the indebtedness and obligations here...
TIME IS OF THE ESSENCE HEREOF. 21.7. This Agreement shall inure and be binding on the parties hereto, and their respective successors and assigns; provided, however, that neither this Agreement nor any rights
