THIRTY-EIGHTH definition
THIRTY-EIGHTH. Nondiscrimination: Both parties shall prohibit discrimination based on race, creed, color, age, sex, national origin, social status or disability. THIRTY-NINTH: Income Tax: Contractor certifies and guarantees, at the signature of this contract, that it does not have any debt with the Treasury Department of the Commonwealth of Puerto Rico. Contractor certifies and guarantees that it was recently established. Therefore, it has not filed income tax reports for the past five- (5) years. A sworn declaration indicating the reason for not been obligated to render income tax returns for the past five years is attached as Exhibit. Contractor knows this is an essential element of the contract and to state untrue information is enough for the Contractor to cancel the contract.
THIRTY-EIGHTH. Renewal Option. Provided that there are no defaults under this Lease at the time that the option herein set forth is exercised by Lessee, 8 this Lease may be renewed or extended for one (1) additional term of five (5) years by Lessee giving written notice to Lessor of its interest to renew not less than six (6) months prior to the expiration of the then current term. All conditions and covenants of the Lease shall continue in full force and effect during such additional term except that:
THIRTY-EIGHTH. Tenant has deposited with Landlord the sum of $ 16,919.38 (transferred from Lease dated ___________ for Rooms 2300. Such security deposit shall be deposited in an interest-bearing account with interest to be paid to Tenant annually less 1% to be retained by Landlord as administrative fee) as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this lease; it is agreed that in the event Tenant defaults in respect of any of the terms, provisions and conditions of this lease, including, but not limited to, the payment of rent and additional rent, Landlord may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent or any other sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant's default in respect of any of the terms, covenants and conditions of this lease, including, but not limited to, any damages or deficiency in the re-letting of the premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. Tenant shall, upon demand, deposit with Landlord the full amount so used, in order that Landlord shall have the full security deposit on hand at all times. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this lease, the security shall be returned to Tenant after the date fixed as the end of the lease and after delivery of entire possession of the demised premises to Landlord. In the event of any transfer or conveyance by landlord of its lease to the building of which the demised premises form a part, hereinafter referred to, Landlord shall have the right to transfer the security to the transferee or grantee, and Landlord shall thereupon be released by Tenant from all liability for the return of such security; and Tenant agrees to look to the new Landlord solely for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Examples of THIRTY-EIGHTH in a sentence
THIS THIRTY-EIGHTH SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
THIS THIRTY-EIGHTH SUPPLEMENTAL INDENTURE, THE NOTES AND ANY GUARANTEE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
EACH OF THE PARTIES HERETO (AND EACH NOTEHOLDER BY ACCEPTANCE OF A NOTE) HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS THIRTY-EIGHTH SUPPLEMENTAL INDENTURE, THE ORIGINAL INDENTURE, THE NOTES, THE GUARANTEES OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
Commencing on the first anniversary of the Additional Sub-Sublease Premises Commencement Date, Subtenant shall pay Sub-Sublandlord 29.12% of the increased amount of real estate taxes payable by Sub-Sublandlord to Sublandlord to Master Landlord pursuant to Paragraph THIRTY-EIGHTH of the Master Lease, utilizing the 2010/2011 fiscal year as the Sublease Real Estate Tax Base Year for the calculation, for the Additional Sub-Sublease Premises.
THE THIRTY-EIGHTH SUPPLEMENTAL INDENTURE, THE NOTES AND ANY GUARANTEE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
More Definitions of THIRTY-EIGHTH
THIRTY-EIGHTH. Lighting fixtures, roof sign and air conditioning are the property of the Lessor and in consideration of Lessee's having use of same, Lessee hereby agrees to be responsible for maintenance and repair thereof at its own cost and expense and hereby releases Lessor from any liability for water damage resulting from said sign and/or air conditioning system. THIRTY-NINTH: Lessee agrees not to part his motor vehicle, not to permit his employees to park their motor vehicles in front of any part of the entire building, it being agreed that employee parking facilities are at the east end of the rear parking lot only, if available.
THIRTY-EIGHTH. If in any calendar year commencing with the calendar year 1995 the "total real estate taxes", as hereinafter defined, shall be increased over the "total real estate taxes" payable by Landlord for the calendar year 1994 then Tenant shall pay Landlord "Tenant's proportionate share" (as such term is hereinafter defined) of such amount in excess thereof in the manner hereinafter provided. Tenant's obligation hereunder shall be apportioned as between Landlord and Tenant for the portion of such real estate taxes accruing within the term of this Lease. "Tenant's proportionate share" shall be deemed to be 6.95 Percent. Tenant's proportionate share has been computed by dividing Tenant's rentable space, which is deemed to be 18,492.00 sq. ft. by 90% of the total rentable space in the building, to wit 266,000 square feet.
THIRTY-EIGHTH. Tenant shall pay any and all taxes incurred or assessed on both the land and the building as they become due directly to the taxing authority. The term "taxes" shall include all city, county school, town and village taxes and any and all other real estate taxes, assessments and other governmental levies and charges including water and sewer rent, of every kind and nature whatsoever, and each and every installment thereof which shall or may, during the term of this Lease, be levied, assessed, imposed, become due or payable, or liens upon or arising in connection with the use, occupancy or possession of or growing due or payable out of, or for, any land, building or other improvements therein. If, at any time during the term of this lease, under the laws of the State or any political subdivision thereof in which the demised premises are situated, a tax or excise on rents, additional rents or other charges or impositions receivable by the Landlord under this Lease is levied or assessed by said State or political subdivision against the Landlord, which is in the nature of a tax on the gross amounts thereof and not an income tax on profits made, the Tenant covenants to pay and discharge such tax or excise on rents or other tax to the Landlord on demand. Tenant shall promptly provide Landlord with copies of tax receipts when received by Tenant.
THIRTY-EIGHTH. It is agreed that Landlord will construct a one-story addition on the roof of the building consisting of approximately 16,678 square feet of gross area suitable for office use (the "Addition"). In the event that the Landlord is unable to proceed with the construction of the Addition in accordance with the terms of this Article, because the Landlord is unable to secure a building permit or any other regulatory approval, the Landlord and the Tenant agree to first attempt to revise the plans for the Addition in a way as consistent as possible with the provisions of this lease which will allow the Landlord to obtain a building permit or other necessary regulatory approval, or, if such efforts are not successful, to amend this lease to delete the Addition and to include other space in the building as a substitute for the Addition, such space and such terms to be as consistent as possible with this lease, i.e., for a similar amount of contiguous space. The Addition will be located on the present roof space as indicated on Exhibit "B" attached hereto and made a part hereof. The Addition shall be constructed and prepared for occupancy, all in accordance with subparagraphs (a) through (g) below:
THIRTY-EIGHTH. If the "total real, estate taxes", as hereinafter defined, shall be increased over the "total real estate taxes" payable Landlord for the calendar year 1990 then Tenant shall pay Landlord "Tenant's proportionate share" (as such term is hereinafter defined) of such amount in excess thereof In the manner hereinafter provided. Tenant's obligation hereunder shall be apportioned as between Landlord and Tenant for the portion of such real estate taxes accruing within the term of [illegible] Lease.
THIRTY-EIGHTH. The company promises to authorize paid leave of up to three days in case of a death of an immediate family member of our employees: father, mother, wife, husband, child, brother or sister. THIRTY-NINTH: A worker who feels that a decision of the Company was unjustified may consult with the Union Delegate to clarify any situation.
THIRTY-EIGHTH. Landlord or Landlord's agents have made no representations or promises with respect to the demised premises and the buildings thereon except as expressly herein set forth.