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Xxx 0000 This Lease does not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Xxx 0000 to enforce or otherwise invoke any provision of this Lease. Energy Performance53 The Tenant must not commission an EPC in respect of the Premises unless required to do so by the Energy Performance of Buildings (Scotland) Regulations 2008. If the Tenant is required to commission an EPC, the Tenant must (at the Landlord's option) commission an EPC from an assessor approved by the Landlord or pay the Landlord's costs of commissioning an EPC for the Premises. The Tenant must not commission an Action Plan in respect of the Premises. The Tenant must co-operate with the Landlord, so far as is necessary, to allow the Landlord to commission any EPC or Action Plan for the Premises or the Estate and: provide the Landlord (at the Landlord's cost) with copies of any plans or other information held by the Tenant that would assist in commissioning that EPC or Action Plan; and allow such access to the Premises to any energy assessor appointed by the Landlord as is necessary to inspect the Premises for the purposes of preparing any EPC or Action Plan. The Tenant must give the Landlord written details on request of the unique reference number of any EPC the Tenant commissions in respect of the Premises. The Landlord must give the Tenant written details on request of the unique reference number of any EPC the Landlord commissions in respect of the Premises or the Estate. [Sustainability The Landlord and Tenant must comply with the provisions of Part 7 of the Schedule.]54 [Break Clause] [The Tenant may terminate this Lease on [any] [the] Break Date by giving the Landlord formal notice of not less than [Insert length] months [specifying the Break Date]55 following which the Term will end on that Break Date[ if:56 on the Break Date the Rent due on or before that Break Date and any VAT payable on it has been paid in full; [and] on the Break Date the whole of the Premises are given back to the Landlord[ free of the Tenant's occupation and the occupation of any other occupier and without any continuing sub-leases]57[; and the Tenant has, on or before the Break Date, paid to the Landlord an amount equal to [Insert figure/proportion of the Rent] (plus any VAT payable on that amount)]]. The Landlord may waive any of the pre-conditions in [Clauses 7.1.1 to 7.1.3] at any time before the [relevant] Break Date by notifying the Tenant. [If the Tenant gives formal notice to the Landlord under Clause 7.1, the Tenant must on or before the Break Date make the payment to the Landlord as detailed in Clause 7.1.3.] [The break right in this Clause 7 is personal to the Tenant (here meaning [ ] Limited (Registered Number [ ])) and will end on the effective date of any permitted assignation of this Lease or on the date when the said [ ] Limited ceases to exist.] If this Lease ends under this Clause 7, this will not affect the rights of any party for any prior breach of an obligation in this Lease.58 Time is of the essence for the purposes of this Clause 7.]
Xxxxxx X Xxxxxx (“Xxxxxx”) is hereby appointed as an “authorized person” of the Company within the meaning of the Act (an “Authorized Person”) for the sole purpose of executing, delivering and filing the certificate of formation of the Company. Xxxxxx’x powers as Authorized Person shall be terminated immediately after the filing of the Certificate of Formation.
Agreement Xxx 0000 Part 3 Provisions relating to Balmoral South Iron Ore Project and certain other matters Division 1 Preliminary provisions s. 7
Xxxxxxx X Xxxxx....................................
Xxxxx, Xx Xxxxx X. Xxxxx, Xx. POWER OF ATTORNEY For Executing Securities and Exchange Commission Filings Known all by these present, that the undersigned hereby constitutes and appoints Xxxxx X. Xxxx signing singly, his or her true and lawful attorney-in-fact to:
XXXXXX XXX Xxxxxx Xxx, a federally chartered and privately owned corporation organized and existing under the Federal National Mortgage Association Charter Act, or any successor thereto.
Xxxxx X Xxxxxx is the general partner of a limited partnership which, together with a family trust as limited partner, owns legal and beneficial title to 100% of the outstanding equity interest in the Harmony Group; the Harmony Group owns legal and beneficial title to 75% of the outstanding equity interests in the Borrower.
Xxxxxx, Xx Xx. Xxxxxx xx a graduate of the Colorado School of Mines with a Petroleum Engineering degree and a graduate of the Smaller Company Management program at the Harvard Graduate School of
Xxxxxx, P E., Xxxxx X. XxXxxxxx, P.E., and Xxxxx X. Xxxxxxx, P.E. The Makers shall be entitled to exercise such right of set-off against the next payment or payments required hereunder as opposed to against the last payment or payments due under this Note. The exercise of such right of set-off by the Makers in good faith, whether or not ultimately determined to be justified, will not constitute an Event of Default (as hereinafter defined) under this Note. Neither the exercise of nor the failure to exercise such right of set-off will constitute an election of remedies in any manner in the enforcement of any other remedies that may be available to it.
Xxxx, Xx Xxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx, General Counsel Email: xxxxx.xxxxxxx@xxx.xxx and with a copy (which shall not constitute notice) to: Xxxxx Xxxxx Xxxx LLC 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxx, XX 00000 Attention: R. Xxxxx Xxxxxx