Title and Liability. Title in and to the Security System and all equipment related thereto installed by Tenant will be vested in Tenant throughout the term of this Lease and, at the expiration of the Lease Term at Landlord’s sole option, will either be removed by Tenant or remain in the Premises (in which event title shall automatically transfer to Landlord without further action). Tenant will indemnify, defend and hold Landlord and Landlord’s mortgagees and contractors harmless from and against any and all third party claims, costs, expenses and liabilities (including reasonable attorneys’ fees) arising out of or in connection with Tenant’s installation, operation, maintenance, repair and removal of the Security System. Tenant’s obligations under this Paragraph 44 will survive the expiration or earlier termination of the term of this Lease.
Title and Liability. Title in and to the Charging Stations and all equipment related thereto installed by Tenant will be vested in Tenant throughout the Term of this Lease and shall automatically be transferred to Landlord without further action upon the expiration of this Lease. Tenant shall have no right to remove the Charging Stations after they have been installed. Tenant will indemnify, defend and hold Landlord and Landlord’s mortgagees and contractors harmless from and against any and all third party claims, costs, expenses and liabilities (including reasonable attorneys’ fees) arising out of or in connection with Tenant’s installation, operation, maintenance and repair of the Charging Stations during the Term of this Lease. Tenant’s obligations under this Paragraph 45 will survive the expiration or earlier termination of the term of this Lease.
Title and Liability. Title in and to the Bike Racks and all equipment related thereto installed by Tenant will be vested in Tenant throughout the term of this Lease and, at the expiration of the Lease Term at Landlord’s sole option, will either be removed by Tenant or remain in the Premises (in which event title shall automatically transfer to Landlord without further action). Tenant will indemnify, defend and hold Landlord and Landlord’s mortgagees and contractors harmless from and against any and all third party claims, costs, expenses and liabilities (including reasonable attorneys’ fees) arising out of or in connection with the use of, and with Tenant’s installation, operation, maintenance and repair of, the Bike Racks during the Term of this Lease. Tenant’s obligations under this Paragraph 46 will survive the expiration or earlier termination of the term of this Lease. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933.
Title and Liability. Title to all Products shall pass to the Retailer from ZMC only upon payment in full to ZMC for the Products. Until ZMC has received payment in full, all right, title and a purchase money security interest in and to the Products and a purchase money security interest in all proceeds thereof shall remain with ZMC. The Retailer agrees to execute any and all conditional sales contracts, security agreements, documents and notices as may be required to preserve, protect and perfect the retention of title and security interests of ZMC in the Products and the proceeds thereof under all applicable laws 5.5
Title and Liability. 4.1 Unless specified otherwise in the applicable Short Form, title to, possession of, and risk of loss of Gas shall pass to BUYER at the applicable Delivery Point.
Title and Liability. 3 Article V Warranties ............................................................................................... 3 Article VI Billing and Payment................................................................................ 3 Article VII Notices ...................................................................................................... 3 Article VIII Financial Responsibility.......................................................................... 4
Title and Liability. Title to and liability for e-waste materials shall pass from the CITY to the CONTRACTOR once the loading operation onto the CONTRACTOR’s vehicles has been completed and the vehicles are ready to leave the facility of the CITY. E-waste materials which are discovered to be non-conforming may be rejected by CONTRACTOR. The City needs to be notified within thirty (30) days of any non-confirming e-waste. Title, risk of loss and all other incidents of ownership to non-confirming e-wastes shall remain at all times with CITY. E-waste materials shall be considered non-confirming for purposes of this Agreement if: (1) the e-waste materials are not properly packaged or labeled; or (2) the e-waste materials contain constituents or have characteristics or properties not disclosed on the e-waste Profile, and such constituents, characteristics, or properties increase the cost to CONTRACTOR or increase the risk of hazard to human health or the environment from the handling, transportation, storage or disposal of such materials; or (3) the designated disposal facility is not designed or permitted constituents, characteristics or properties. E-waste materials discovered by CONTRACTOR to be non-conforming, if in CONTRACTOR’s possession, shall be prepared for lawful transportation by CONTRACTOR and returned to CITY within a reasonable time after rejection by CONTRACTOR, unless the parties agree to an alternative and lawful manner to dispose of the waste materials. CITY shall pay CONTRACTOR at agreed rates for the handling, loading, preparing, transporting, storing and caring for and, if applicable of such non-conforming waste materials.
Title and Liability. Title in and to the Generator and all equipment related thereto installed by Tenant will be vested in Tenant throughout the Term. Tenant will indemnify, defend and hold Landlord, Landlord’s Representative, Landlord’s managing agent, and Landlord’s mortgagees and contractors harmless from and against any and all claims, costs, expenses and liabilities (including reasonable attorneys’ fees) arising out of or in connection with Tenant’s installation, operation, maintenance, repair and removal of the Generator, the presence of the Generator within the Building Common Areas or connections with the Building and Premises, the Generator’s connections with the Premises and the storage, use or remediation of any hazardous materials related thereto, including, without limitation, fuel of any kind, except to the extent arising out of the gross negligence or willful misconduct of Landlord. Tenant’s obligations under this Section 1.25(d) will survive the expiration or earlier termination of the Term.
Title and Liability. Without limiting Tenant’s obligations under this Section 33, once installed, title in and to the 1851 HVAC Systems and all equipment related thereto will be Tenant’s property throughout the Term of this Lease and shall automatically become Landlord’s property upon termination of this Lease, or termination of Tenant’s right to possession of the 1851 Space, without compensation to Tenant. Subject to this Section 33 and except to the extent caused by the willful misconduct or grossly negligent act or omission by Landlord, to the fullest extent permitted by applicable laws, codes, rules and regulations, Tenant will indemnify and hold Landlord, its affiliates, its property manager and their respective managers, members, officers, directors, employees and agents harmless from and against any and all claims, costs and liabilities (including reasonable attorneys’ fees) arising out of or in connection with Tenant’s installation, use, operation, maintenance, repair and replacement of the 1851 HVAC Systems. This Section 33 will survive the expiration or earlier termination of the Term. Having read and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant have signed it as of the Lease Date. TENANT: LANDLORD: EXELIXIS, INC.,a Delaware corporationBy: /s/ Xxxxxxx X. MorrisseyPrinted Name: Xxxxxxx X. Xxxxxxxxx, Ph.D.Title: President and CEOAnd By: /s/ Xxxxxxxxxxx X. SennerPrinted Name: Xxxxxxxxxxx X. SennerTitle: EVP and CFO ASCENTRIS 105, LLC, a Colorado limited liability companyBy: /s/ Xxxx X. FinkePrinted Name: Xxxx X. FinkeTitle: ManagerDate: 5/2/2017 WATERFRONT AT HARBOR BAY EXHIBIT A PLAN DELINEATING THE PREMISES AND TENANT MAINTAINED OUTDOOR AREAS XXXXXX MAINTAINED OUTDOOR AREAS XXXXXXXXXX XX XXXXXX XXX XXXXXXX X POSSESSION AND LEASEHOLD IMPROVEMENTS EXHIBIT
Title and Liability. Without limiting Tenant’s obligations under this Section 32, once installed, title in and to the 1801 HVAC Systems and all equipment related thereto will be Tenant’s property throughout the Term of this Lease and shall automatically become Landlord’s property upon termination of this Lease, or termination of Tenant’s right to possession of the 1801 Space, without compensation to Tenant. Subject to this Section 32 and except to the extent caused by the willful misconduct or grossly negligent act or omission by Landlord, to the fullest extent permitted by applicable laws, codes, rules and regulations, Tenant will indemnify and hold Landlord, its affiliates, its property manager and their respective managers, members, officers, directors, employees and agents harmless from and against any and all claims, costs and liabilities (including reasonable attorneys’ fees) arising out of or in connection with Tenant’s installation, use, operation, maintenance, repair and replacement of the 1801 HVAC Systems. In no event shall Tenant be required to restore the 1801 Building HVAC Work at the expiration or earlier termination of the Lease. This Section 32 will survive the expiration or earlier termination of the Term.”
