UNANTICIPATED SITE CONDITIONS Sample Clauses

UNANTICIPATED SITE CONDITIONS. Within thirty (30) days after the date of this Lease, Lessor shall complete an engineering evaluation and analysis of the Land to determine whether the site contains any unanticipated physical conditions (an "Unanticipated Site Condition") which will cause the Lessor to incur any Material Construction Cost which was not foreseen by Lessor and not budgeted for in the cost estimates prepared by Lessor and delivered to Lessee prior to the date of this Lease. If Lessor discovers any such Unanticipated Site Condition, Lessor shall give prompt written notice thereof to Lessee describing the condition, the actions required to correct it, and the estimated cost of such actions. If, within thirty (30) days after Lessee's receipt of such notice from Lessor, Lessee and Lessor have not agreed upon an allocation of such costs (through an adjustment of rent or otherwise), both Lessor and Lessee shall have the right to terminate this Lease by written notice given to the other party. Any such termination shall have the same effect as described in SECTION 1 (e) (2).
Sample 1
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UNANTICIPATED SITE CONDITIONS. Lessor and Xxxxxx acknowledge and agree that there are no Unanticipated Physical Conditions which are unacceptable. EXECUTED as of the of July, 2000. LESSOR: D/S 00000 Xxxx Xxx, Ltd. A Texas limited partnership By: /s/ X.X. Xxxxxxxx, Xx. ---------------------- Its: President of /s/ X.X. Xxxxxxxx, Xx. Inc. - General Partner ---------------------------------------------------------- LESSEE: CiDRA Corporation A Delaware Corporation
Sample 1
UNANTICIPATED SITE CONDITIONS. Within thirty (30) days after the date of this Lease, Lessor shall complete and Lessee, at its option, may undertake an engineering evaluation and analysis of the Leased Premises to determine whether the site contains any unanticipated physical conditions (an "Unanticipated Physical Condition") which would cause the Lessor or Lessee to deem the Leased Premises to be unacceptable. Lessor shall deliver to Lessee within thirty (30) days after the date of this Lease a written copy of such evaluation and analysis. If Lessor or Xxxxxx discovers any such Unanticipated Physical Condition, Lessor or Lessee shall give prompt written notice thereof to the other party describing the condition, the actions required to correct it, and the estimated cost of such actions. If, within thirty (30) days after receipt of such notice from Lessor or Lessee, Lessee and Lessor shall attempt to resolve the physical condition and if an acceptable resolution is not made within fifteen days (through an adjustment of rent or otherwise), both Lessor and Lessee shall have the right to terminate this Lease by written notice given to the other party. Any such termination shall have the same effect as described in Section 1(d) (2).
Sample 1

Related to UNANTICIPATED SITE CONDITIONS

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Release Conditions As used in this Agreement, "Release Conditions" shall mean the following:

  • Environmental Compliance and Conditions Except as set forth on Schedule 3.16:

  • Uncontrollable Events BISYS assumes no responsibility hereunder, and shall not be liable for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.

  • Extraordinary Events Regarding Common Stock In the event that the Company shall (a) issue additional shares of the Common Stock as a dividend or other distribution on outstanding Common Stock, (b) subdivide its outstanding shares of Common Stock, or (c) combine its outstanding shares of the Common Stock into a smaller number of shares of the Common Stock, then, in each such event, the Purchase Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then Purchase Price by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such event and the denominator of which shall be the number of shares of Common Stock outstanding immediately after such event, and the product so obtained shall thereafter be the Purchase Price then in effect. The Purchase Price, as so adjusted, shall be readjusted in the same manner upon the happening of any successive event or events described herein in this Section 4. The number of shares of Common Stock that the Holder of this Warrant shall thereafter, on the exercise hereof as provided in Section 1, be entitled to receive shall be adjusted to a number determined by multiplying the number of shares of Common Stock that would otherwise (but for the provisions of this Section 4) be issuable on such exercise by a fraction of which (a) the numerator is the Purchase Price that would otherwise (but for the provisions of this Section 4) be in effect, and (b) the denominator is the Purchase Price in effect on the date of such exercise.

  • HAZARDOUS SUBSTANCE CONDITIONS If a Hazardous Substance Condition occurs, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000 whichever is greater, give written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition to the extent required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time period specified above, this Lease shall terminate as of the date specified in Lessor's notice of termination.

  • Payment Conditions All payments due hereunder are payable in United States dollars. No transfer, exchange, collection or other charges, including any wire transfer fees, shall be deducted from such payments. For sales of Licensed Products in currencies other than the United States, LICENSEE shall use exchange rates published in The Wall Street Journal on the last business day of the calendar quarter for which such payment is due.

  • Force Majeure Events The Parties shall be excused from any failure to perform any obligation hereunder to the extent such failure is caused by a Force Majeure Event. A Force Majeure Event shall operate to excuse a failure to perform an obligation hereunder only for the period of time during which the Force Majeure Event renders performance impossible or infeasible and only if the Party asserting Force Majeure as an excuse for its failure to perform has provided written notice to the other Party specifying the obligation to be excused and describing the events or conditions constituting the Force Majeure Event. As used herein, “Force Majeure Event” means the occurrence of an event or circumstance beyond the reasonable control of the party failing to perform, including, without limitation, (a) explosions, fires, flood, earthquakes, catastrophic weather conditions, or other elements of nature or acts of God; (b) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; (c) acts of federal, state, local or foreign governmental authorities or courts; (d) labor disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful; (e) failures or fluctuations in electrical power or telecommunications service or equipment; and (f) delays caused by the other Party’s nonperformance hereunder.

  • Unanticipated Recoveries $ 0.00 ---------------

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

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