Step-in Rights/Step-out Sample Clauses

Step-in Rights/Step-out. If necessary to protect the public health and safety, regardless of whether Lessor exercises its rights pursuant to Section 7.1 of this Lease, Lessor shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the Premises and the Permitted Improvements and to operate the Permitted Improvements, until Lessee demonstrates to the reasonable satisfaction of Lessor that the events giving rise to the endangerment of the public health and safety have been cured, and that Lessee has taken all reasonably necessary steps to ensure that such events shall not re- occur. Lessor shall not be liable to Lessee for any damages, losses or claims sustained by or made against Lessee as a result of Lessor’s exercise of possession and operational control of the Permitted Improvements except to the extent such damages, losses or claims result from the negligence or willful misconduct of Lessor. Lessor’s performance of Lessee’s obligations in this Section 7.2 is subordinate to the right of any Leasehold Mortgagee to first cure such Lessee obligations, as provided in Section 15.4.x. Xxxxxx and Lessor’s representatives shall at all times comply with all reasonable safety and other operating procedures established by Lessee, and with all Applicable Legal Requirements.
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Step-in Rights/Step-out. Regardless of whether User exercises its rights pursuant to Section 2.1 of this SLP, User shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System and to operate the System upon the occurrence of a Triggering Event until Owner demonstrates that the events giving rise to the Triggering Event have been cured, and that Owner has taken all reasonably necessary steps to ensure that such events shall not re-occur. User shall not be liable to Owner for any damages, losses or claims sustained by or made against Owner as a result of User’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the gross negligence or willful misconduct of User. Notwithstanding the foregoing, all rights to take possession of the System shall be subject to the terms and conditions of the Energy Management Service Contract including notice and appropriate and reasonable cure periods.
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Step-in Rights/Step-out. Regardless of whether Town exercises its rights pursuant to Section 2.1 of this SLP, Town shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System and to operate the System upon the occurrence of a Triggering Event until Developer demonstrates that the events giving rise to the Triggering Event have been cured, and that Developer has taken all reasonably necessary steps to ensure that such events shall not re-occur. Town shall not be liable to Developer for any damages, losses or claims sustained by or made against Developer as a result of Town’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the gross negligence or willful misconduct of Town. Notwithstanding the foregoing, all rights to take possession of the System shall be subject to the terms and conditions of the Energy Management Services Contract including notice and appropriate and reasonable cure periods, and if inconsistent, the terms of the Energy Management Services Contract shall govern.
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Related to Step-in Rights/Step-out

  • Step-In Rights If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to remedy such breach within ten (10) days after written notice of the breach from the Department, the Department, at its sole discretion, shall have the right to “step-in” (i.e. perform the work itself) or hire another contractor to perform these services. Contractor shall be liable to the Department for any fees or expenses that the Department may incur in exercising its step-in rights or securing a substitute provider to assume completion of those services.

  • Step-Out The Authority may, at any time, terminate the Step-in Period by giving the Material Project Contractor at least 30 days' notice specifying the date on which the Step-in Period will terminate (the "Step-out Date").

  • Step IV If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within the above stated time limits, the grievant and/or the Association shall complete Grievance Report Form, Step IV, within ten (10) school days after notification of Step III disposition and submit the grievance to final and binding arbitration according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator's decision will be final and binding on all parties. The cost of arbitration shall be the responsibility of the party losing arbitration.

  • Step III 12.5.1 If the employee desires to appeal the grievance to Step III, the employee shall complete the appropriate appeal section of the grievance form, sign the appeal, and present the grievance to the Municipal Employee Relations Officer or designee within five (5) working days following receipt of the written decision at Step II.

  • STEP II 18.3.2.1 If the employee desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the Department Director or his/her designated representative, within five (5) working days following the receipt of the immediate supervisor's oral reply.

  • Mergers, Reorganizations and Equity Transfers Each of the Company and any Sponsor Affiliates acknowledges that any mergers, reorganizations or consolidations of the Company and such Sponsor Affiliates may cause the Project to become ineligible for negotiated fees in lieu of taxes under the FILOT Act absent compliance by the Company and such Sponsor Affiliates with the Transfer Provisions; provided that, to the extent provided by Section 12-44- 120 of the FILOT Act or any successor provision, any financing arrangements entered into by the Company or any Sponsor Affiliates with respect to the Project and any security interests granted by the Company or any Sponsor Affiliates in connection therewith shall not be construed as a transfer for purposes of the Transfer Provisions. Notwithstanding anything in this Fee Agreement to the contrary, it is not intended in this Fee Agreement that the County shall impose transfer restrictions with respect to the Company, any Sponsor Affiliates or the Project as are any more restrictive than the Transfer Provisions.

  • PERMITTED TRANSACTIONS The Member is free to engage in any activity on its own or by the means of any entity. The Member’s fiduciary duty of loyalty, as it applies to outside business activities and opportunities, and the “corporate opportunity doctrine,” as such doctrine may be described under general corporation law, is hereby eliminated to the maximum extent allowed by the Act.

  • Split Transactions You can instruct a merchant to charge your Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your Card is likely to be declined.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply.

  • Step One a. The local or an employee alleging a grievance ("the grievor") shall request a meeting with the employer official directly responsible, and at such meeting they shall attempt to resolve the grievance summarily. Where the grievor is not the local, the grievor shall be accompanied at this meeting by a representative appointed by the local.

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