General from Lease Agreement
THIS LEASE AGREEMENT is made as of this 29th day of April 2015, by and between CAPSTONE FINANCIAL GROUP, INC., a Nevada corporation having its principal office at 3960 Howard Hughes Parkway, Suite 500, Las Vegas, NV 89169 ("Tenant") and ISKALO 8600 TRANSIT LLC, a New York limited liability company having an office c/o Iskalo Development Corp., Harbinger Square, 5166 Main Street, Williamsville, New York 14221 ("Landlord").
General. At its sole cost and expense, Tenant will promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or in force after the Lease Date, with the requirements of any board of fire underwriters or other similar body, with any direction or occupancy certificate issued pursuant to any law by any public officer or officers, as well as with the provisions of all recorded documents affecting the Premises, insofar as they relate to the condition, use, or occupancy of the Premises, excluding requirements of structural changes to the Premises or the Building, unless required by the unique nature of Tenant's use or occupancy of the Premises.
General from Settlement Agreement
This SETTLEMENT AGREEMENT (this Agreement) is made as of February 28, 2008 by and among Solutia Inc., a Delaware corporation (Solutia) Monsanto Company (Monsanto) and SFC LLC, a Delaware limited liability company directly and wholly owned by Solutia (Funding Co).
General. As used in this Agreement, the following terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined): AAA has the meaning set forth in Section 9.03. Action means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any Governmental Authority, court or any arbitration or mediation tribunal. Ad Hoc Trade Committee has the meaning assigned to it in the Plan. Affiliate of any particular Person means any other Person controlling, controlled by or under common control with such particular Person, where control means the possession, directly or indirectly, of the power to direct the management and policies of a Person whether through the ownership of voting securities, contract or otherwise; provided, that in no event shall Monsanto, Pharmacia or Solutia be considered Affiliates of one another. Agreement has the meaning set forth in the preamble. Agricultural Liabilities means all liabilities retained by Pharmacia in the Solutia Spinoff that (i) were transferred to (or assumed by) Monsanto in the Monsanto Spinoff and (ii) are defined as Monsanto Liabilities, as such term is defined and set forth in the Distribution Agreement (as in effect immediately prior to the Effective Date), including any and all liabilities related to a product consisting of a mix of herbicides 2,4 dichlorophenoxyacetic acid and 2,4,5 trichlorophenoxyacetic acid. Anniston Consent Decree means the Revised Partial Consent Decree, dated August 4, 2003, entered by the U.S. District Court for the Northern District of Alabama in Civil Action No. 1:02-CV-0749-UWC, a copy of which is attached hereto as Exhibit B, and any subsequent modifications to that Decree entered by the Court. Anniston Restricted Properties means all properties situated in Calhoun County, Alabama and owned by Solutia as of the date hereof. Anniston Settlement Agreement means the agreement among Solutia, Monsanto and Pharmacia, dated September 9, 2003, a copy of which is attached hereto as Exhibit C. Anniston Side Letter means the letter from Pfizer, Inc., the parent company of Pharmacia, to Solutia, dated August 20, 2003, a copy of which is attached hereto as Exhibit D. Approval Notice has the meaning set forth in Section 3.04(d)(v). Approved ELC Amount has the meaning set forth in Section 3.04(d)(v). Approved Unallocated Amount has the meaning set forth in Section 4.01(a). Arbitration Act means the United States Arbitration Act, 9 U.S.C. 1-14, as amended. Bankruptcy Code means title 11 of the United States Code as applicable to the Solutia Chapter 11 Case. Bankruptcy Court means the United States Bankruptcy Court for the Southern District of New York, having jurisdiction over the Solutia Chapter 11 Case and, to the extent of the withdrawal of any reference under section 157 of title 28 of the United States Code, the United States District Court for the Southern District of New York. Bankruptcy Rules means, collectively, the Federal Rules of Bankruptcy Procedure and the local rules of the Bankruptcy Court, as applicable to the Solutia Chapter 11 Case. Board means the Board of Directors of Solutia. Budget has the meaning set forth in Section 3.04(b). Business Day means any day other than a Saturday, Sunday or a legal holiday on which the commercial banks are closed in St. Louis, MO. CEO has the meaning set forth in Section 9.03. CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Charter has the meaning set forth in Section 3.04(b). Chemicals Liabilities has the meaning set forth in the Distribution Agreement. Commercial and Operating Agreements has the meaning assigned to it in the Plan. Confidential Information of any party (a Confidential Party) means any and all information and data (whether written or oral and whatever the form or storage medium) (a) that a Confidential Party or its Representatives furnishes to another party or such other partys Representatives pursuant to this Agreement; and/or (b) concerning the business or affairs of such Confidential Party or any of its Affiliates (i) that is nonpublic information, (ii) which is proprietary to such Confidential Party or any of its Affiliates, (iii) the disclosure of which could reasonably be expected to cause the Confidential Party or any of its Affiliates or customers injury or loss of reputation or goodwill, (iv) that gives, or may give, such Confidential Party or its Affiliates an advantage over its competitors or (v) is marked by the Confidential Party prior to its disclosure as confidential. Because of the sensitive nature of this information, the intent of the parties is that the term Confidential Information shall be interpreted as broadly as possible and shall include any and all data, reports, analyses, compilations, studies, projections, forecasts, records, technology, methods of doing business, inventions, know-how, designs, su