Materially interfere definition

Materially interfere shall refer to a condemnation or sale that (a) leaves the remaining balance of the Project in a condition such that the Project may not reasonably be anticipated to be economically operated for the purposes and in the manner in which it was operated prior to such taking or (b) affects a sufficient amount of the Project such that the Project no longer complies with Governmental Regulations or (c) causes a default under any of the Leases or gives any Major Tenant a right to terminate its Lease. Should Purchaser elect to terminate Purchaser's obligations under this Agreement with respect to any Condemned Project under the provisions of this Section 11.2, the portion of the ▇▇▇▇▇▇▇ Money Deposit allocated to such Condemned Project and any accrued interest thereon shall remain on deposit with the Escrow Agent, re-allocated to the other Projects in the same proportions as set forth in Section 4.1(a), and neither Seller nor Purchaser will have any further obligation under this Agreement with respect to such Condemned Project, except for the Termination Surviving Obligations pertaining to such Project. Notwithstanding anything to the contrary herein, if any eminent domain or condemnation proceeding is instituted (or notice of same is given) solely for the taking of any subsurface rights for utility easements or for any right-of-way easement, and the surface may, after such taking, be used in substantially the same manner as though such rights have not been taken, Purchaser will not be entitled to terminate this Agreement as to any part of any Project, but any award resulting therefrom will be assigned to Purchaser at Closing and will be the exclusive property of Purchaser upon Closing.
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Materially interfere means for purposes herein shall mean Tenant is unable to conduct its business for forty five (45) or more consecutive calendar days at the Premises. Service Failure as a result of Force Majeure, Casualty, and/or Tenant’s fault shall never constitute a Material Interference, In the event that Tenant is unable to conduct its business for forty five (45) or more consecutive calendar days at the Premises and notwithstanding any contrary terms herein, Tenant shall be permitted to terminate this Lease without penalty or costs. Further, whenever Tenant is being prevented from the free, uninterrupted and unimpeded use, access and enjoyment of the entire Premises and Tenant is unable to conduct business within the entire Premises, or the Common Areas which are adjacent to the Demised Premises and such interruption continues for more than seventy-two (72) consecutive hours, as a result of (a) Landlord’s failure to observe or perform any obligation on Landlord’s part to be observed or performed under the Lease, (b) any gross negligence or willful omission by Landlord, its agents, employees or contractors, (c) Landlord’s making any repairs in the Demised Premises or the Building, (d) Landlord’s entry into the Leased Premises, or (e) any other cause within the control of Landlord, then and in each and all such cases, provided such cause is not due to the negligence of Tenant, its agents, employees, contractors, invitees, or principals, all Rent shall be equitably abated, and shall continue until full use of the Leased Premises is restored to Tenant.
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Materially interfere and “material interference” are defined as any use that prevents visitors from using the Site as a public park during normal park hours, including but not limited to parking lot access, parking, or circulation, and pedestrian access or circulation. Except as specified in paragraph 17, Emergency Work, below, Lessee shall give advance notice to the City prior to entry upon the Premises. For major maintenance or repair activities, ten (10) days’ advance notice shall be provided by telephone to the Chief of Operations, ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and (▇▇▇) ▇▇▇-▇▇▇▇. For minor maintenance or repair, at least 24 hours advance notice shall be provided by telephoning the Chief of Operations during normal business hours at (▇▇▇) ▇▇▇-▇▇▇▇. The City shall, upon request of ▇▇▇▇▇▇, provide a list of emergency telephone numbers known to the City of any other tenants at the Site. As used herein, “major” maintenance or repair activities means a significant structural alteration or addition to the tower or structure (including but not limited to the adding of height to the tower or adding a story to any existing building) or other alteration or addition resulting in a significant change in the Facilities (such as, by way of example, the conversion of the tower into a “tree,” “bell tower” or lattice structure or material change in the color of the facility). Notwithstanding the language above, nothing in this Lease absolves Lessee from obtaining all permits or other approvals required under the ▇▇▇▇▇▇ Island City Code.
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Examples of Materially interfere in a sentence

  • Such access shall be requested upon at least 7 days’ advance notice, shall be during normal business hours and shall not Materially interfere with the conduct of the Company’s business (unless shorter notice or different hours or different conditions for such access shall be imposed by a Card Association, the Rules, the ACH Rules or such regulatory agency).

  • Materially interfere with or endanger the use of Township safety path, sidewalks, bike paths, walkways, parks, or recreational areas used by Township residents.

  • As of the Agreement Date, there are no Laws, conditions of record or other impediments that Materially interfere with the intended uses by VitalStream or its Subsidiaries of the real property or tangible personal property owned or leased by it.

  • Materially interfere with the safe operation of traffic control equipment.

  • Neither Chartwell nor any of its Subsidiaries has and/or is bound by any Contract, agreement, lease, commitment, or proposed transaction, judgment, order, writ or decree, written or oral, absolute or contingent, other than contracts entered into in the ordinary course of business, which would Materially interfere with, or have a Material Adverse Effect on the discharge of Chartwell’s responsibilities and obligations under this Agreement.

  • There are no developments affecting any of the Assets pending or, to the Knowledge of the Company Parties, threatened, that might Materially detract from the value, Materially interfere with any present or intended use or adversely affect the marketability of such Assets.

  • Materially interfere with compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, or similar federal, state, or local standards regarding pedestrian access or movement.

  • The Company is not a party to or threatened with or in danger of being a party to any labor dispute which would Materially interfere with the conduct of their businesses.

  • Materially interfere with maintenance or full unobstructed use of the Township's public utility infrastructure.

  • To Stonepath's Knowledge, the leased real estate is free and clear of any zoning or use or building restriction or any pending, proposed or Threatened zoning or use or building restriction which would Materially interfere with the present or any intended use by the Company of any of such leased real estate.