Xxxxx Property. All the printers and other equipment described on Schedule 16 attached to the First Amendment to Supply Agreement dated as of January 20, 2005 (collectively, the “X. Xxxxx Property”) shall be clearly marked and remain the personal property of X. Xxxxx and shall be kept free of liens and encumbrances. Company shall (i) be responsible for the maintenance of the X. Xxxxx Property; (ii) hold the X. Xxxxx Property at Company’s own risk; and (iii) not modify the X. Xxxxx Property without the permission of X. Xxxxx. In addition, Company shall only use the X. Xxxxx Property for the following purposes (i) for the manufacture, labeling and/or packaging of the Products for X. Xxxxx; and (ii) for the manufacture, labeling and/or packaging of non-X. Xxxxx products (the “Non-X. Xxxxx Products”) only to the extent (aa) such Non-X. Xxxxx Products are not syringes or components of syringes; (bb) Company’s supply of such Non-X. Xxxxx Products do not and will not conflict with or affect Company’s fulfillment of X. Xxxxx’x orders for Products; and (cc) such Non-X. Xxxxx Products are not competitive with the Products or any other product manufactured or sold by X. Xxxxx. Company shall redeliver the X. Xxxxx Property to X. Xxxxx in the same condition as originally received by Company plus improvements paid for by X. Xxxxx upon the earlier of (i) termination of this Agreement; (ii) Company’s breach of or default under this Agreement and/or the Xxxx of Sale from Company dated 18 January 2005 (transferring certain printers from Company to X. Xxxxx); or (iii) if X. Xxxxx, in its sole discretion, provides Company with an option to match an offer from a third party to supply X. Xxxxx with at least a majority of the Products on more favorable terms to X. Xxxxx than the terms on which such Products are supplied hereunder and Company fails to match such third party offer. X. Xxxxx makes no representations or warranties regarding the suitability of the X. Xxxxx Property for the manufacture of any Non-X. Xxxxx Products and Company hereby agrees to indemnify and hold X. Xxxxx harmless from and against any and all damages, liabilities, losses or expenses, including legal expenses, arising from Company’s use of the X. Xxxxx Property for the manufacture, labeling, packaging and/or sale of any Non-X. Xxxxx Products.”
Xxxxx Property. All property should be treated as if it was your own. Guests are discouraged from rearranging furniture and if done, please return to its proper place. Groups are responsible for the loss, defacing, breakage etc. of buildings and property. Groups will be assessed for any damages. • Program areas must not be used without the supervision of a qualified Xxxxx staff member, or without prior arrangement with Xxxxx. • Waterfront Usage - Use of the waterfront is allowed only when a certified lifeguard is on duty, and it is at the risk of the group using the facilities. All waterfront rules such as no running, no swimming at night, no swimming alone, etc. must be enforced.
Xxxxx Property. The Borrower holds good and marketable title to the Xxxxx Property, free from any Lien other than Permitted Liens. The Xxxxx Property is not material to the Borrower or its operations and is not included in the Base Case Financial Model. The Borrower has no plans to take any steps to put any part of the Xxxxx Property into production within the next five years. No assets of the Borrower are located on the Xxxxx Property and roads used to access the Timmins/Thunder Creek Mine Complex do not cross the Xxxxx Property.
Xxxxx Property. A true and complete copy of the Unimproved Property Contract between Alleyton and Xxxxxxx Xxxxx (the “Xxxxx Purchase Agreement”) pursuant to which Alleyton will purchase a parcel of real property from Xxxxxxx Xxxxx (such parcel, the “Xxxxx Property”) has been delivered to Acquiror. A true and complete copy of (i) the title insurance commitment and (ii) the survey for the Xxxxx Property has been delivered to Acquiror.
Xxxxx Property. All that tract or parcel of land described or depicted on Exhibit B-2 attached hereto and incorporated herein, containing approximately 2.362 acres. Governmental Requirements. Laws, rules and regulations of federal, state and local governmental authorities having jurisdiction over the Property including, but not limited to, environmental laws, rules and regulations and zoning laws, rules and regulations. Hazardous Materials. As defined in Section 6.3.
Xxxxx Property. Xxxxx shall satisfy its obligation to pay the Development Fee under the HCP/NCCP for the Covered Project on the Xxxxx Property, including all appurtenant improvements included in the Covered Project, as set forth in this Section.
Xxxxx Property. Risk of loss or damage from fire, other casualty, or both, to the Xxxxx Property is assumed by XXXXX until the Deed is delivered by XXXXX to CITY. In the event any portion of the Xxxxx Property is destroyed by fire or other casualty then the CITY may elect to proceed to close the transaction contemplated herein. In the event the damage results in increased costs to CITY relating to Hazardous Material abatement costs, as determined during the Inspection Period for Xxxxx Property, or prior to the Closing Date for Xxxxx Property the insurance proceeds equal to the amount of said increase in costs shall be paid to the CITY and CITY shall be entitled to a credit against the Purchase Price for any such costs not paid to CITY.
Xxxxx Property. The Closing for Xxxxx Property shall occur on the date noticed by CITY to XXXXX, but in no event later than that date which is sixty (60) calendar days from and after the Effective Date, and the Closing for Xxxxx Property shall be held in the offices of the CITY’s attorney. In the alternative, the parties agree to provide for a closing by courier and wire transfer of funds necessary for Closing for Xxxxx Property. Closing shall be performed by the Escrow Agent.
Xxxxx Property. All working papers, notes, memoranda, reports, data in machine-readable format or otherwise, and documentation which have been made or prepared by XXXXX in connection with the Contract shall remain the property of XXXXX. XXXXX shall be allowed to use the knowledge and know-how it acquires in connection with the Contract, as well as any report, documentation, plans, drawings, software and other information that it develops with any other parties. However, any report or other material provided to the Customer by XXXXX in connection with the Contract is for the Customer’s internal use only and the Customer cannot show or provide that report or material to a third party, or refer to it in communications with a third party, without the prior written consent of XXXXX.
Xxxxx Property. Vendor is the absolute and sole holder of a 100% undivided ownership interest in, and has good, valid and marketable title to, the Xxxxx Property, free and clear of all Encumbrances, save for the Permitted Encumbrances. Vendor does not know of any claim or basis for a claim that might or could adversely affect its rights to use, transfer, possess, sell or otherwise exploit the Xxxxx Property. Save and except for the Underlying Royalty, Vendor has no responsibility or obligation to pay any commission, royalty, license, fee or similar payment to any Person with respect to the Xxxxx Property. All mining licences comprising the Xxxxx Property are in good standing, valid and enforceable. All mining licence payments, rentals, taxes, rates, assessments, renewal fees and other governmental charges owing in respect of the Xxxxx Property have been paid in full up to the Effective Date.
