Xxxxxx agrees. (a) Upon the performance in full by the Vendee, to execute and have acknowledged a Xxxxx Xxxx, in recordable form, of the real property described in this agreement, vesting the fee title in Vendee, or the Vendee's successors or assigns, subject only to the liens to be paid by the Vendee and such other encumbrances accepted, made by or suffered by the Vendee, and to deliver such deed as directed by the Vendee, or his or her successors or assigns.
Xxxxxx agrees. A. Tenant must be able to comply with the Lease provisions and Tenant’s obligations under this Lease. If during the term of this Lease, Tenant, by reason of physical or mental disability is no longer able to comply with the provisions of this Lease and cannot make arrangements for someone to aid him/her in complying with the Lease, and MHA cannot make reasonable accommodation that would enable Tenant to comply with the Lease, then this Lease will terminate.
Xxxxxx agrees. Section 506.510.1 indicates that where long-arm service is had on an agent of a foreign corporation, such service shall have the force and effect as though process had been served within this state. Xxxxxx recognizes the argument that the tolling provision is framed in terms of a defendant’s presence in and subsequent departure or absence from the state; such language can be read to imply that it is the physical location of a defendant that drives the tolling analysis and that “force and effect” simply is not sufficient. See Appellant’s Substitute Brief, p. 16. But the better interpretation is to read the plain language of §506.510 in conjunction with §537.100: Read together, the statutes strongly suggest that when a plaintiff can achieve service of an out-of-state defendant corporation via the long arm statute, then the plaintiff cannot take advantage of the tolling provision of §537.100 – because the out-of-state defendant can be served with the same force and effect as if it had been served “in the state.” The purpose behind any tolling provision that is applicable in the case of an out-of-state defendant – particularly a tolling provision enacted in the era before the internet or long-arm statutes came into existence – is to ensure that a plaintiff has a reasonable chance to locate that out-of-state defendant. See Section B, below. Moreover, reading §506.510 together with §537.100 permits the Court to give effect to both statutes, and as Xxxxxx points out, the legislature is not intended to have done a useless act. Appellant’s Substitute Brief, p. 20 (citing Xxxxxx x. Mo. Hwy. & Transp. Comm’n, 37 S.W.3d 228 (Mo. banc 2001)). Reading the provisions together may also require the Court to reexamine Xxxxxx x. Xxxxxx ,717 S.W.2d 520 (Mo. banc 1986), a case suggesting that tolling provisions should not be read in conjunction with the long arm statute. Xxxxxx is discussed below.
Xxxxxx agrees. (a) To cultivate and care for the crops and take precautions to keep crops free from disease and comply with any directions given by the Buyer.
Xxxxxx agrees. 2.1 To deliver to Bailee the Products described herein. Delivery will be F.O.B. Bailots plants. Page 30 (for all attachments to the Development Agreement between S-A and WG)
Xxxxxx agrees. A. He will become an employee of SST for a monthly salary of Seven Thousand Six Hundred Seventy Two Dollars ($7,672.00) pursuant an employment agreement in the form attached to this Agreement as Schedule 1 (the “Employment Agreement”);
Xxxxxx agrees a. To use reasonable efforts to obtain a franchise license agreement from an Acceptable Franchisor (as hereafter defined) to convert the hotel to a full service hotel containing at least 285 rooms (a “Franchise License Agreement”) and to obtain financing in the approximate amount of $25M as necessary to fund construction of all renovations required by the Acceptable Franchisor and pursuant to terms which may be required by the renovation lender (the “Renovation Financing”). City agrees that an acceptable franchisor will include any of the following brands: Radisson, aloft Hotel, Courtyard Marriott, Crowne Plaza, Wyndham, Hilton, Marriott, Doubletree, Four Points Sheraton, Hotel Indigo, Hyatt or Hyatt Place, Hard Rock, Hilton, Radisson, Westin, Sheraton, Holiday Inn, Suites, or any brand listed as an Upscale or higher brand (as defined by the then prevailing Xxxxx Travel Research designations) or any other brand mutually agreed upon by City and Pueblo (an “Acceptable Hotel Franchisor”).
Xxxxxx agrees. (a) not to engage in any other projects or business activities that would conflict or compete with Company’s business;
Xxxxxx agrees o.a. To notify DMMHA in writing of any income change within 14 calendar days of the change.
