Additional Facilities and Variation in Returns Sample Clauses

The 'Additional Facilities and Variation in Returns' clause allows for the provision of extra services or amenities beyond those originally agreed upon, and addresses how these additions may affect the financial returns or payments under the contract. In practice, this clause enables one party to request or require enhancements—such as upgraded equipment, expanded service areas, or new features—with the understanding that such changes may alter the compensation structure, often resulting in adjusted fees or revenue sharing. Its core function is to provide a clear mechanism for managing changes in scope and ensuring that both parties understand how such variations impact their financial obligations, thereby reducing disputes and maintaining contractual flexibility.
Additional Facilities and Variation in Returns. Additional Facility The Facility Manager agrees and acknowledges that the IRSDC and the MoR and/ or Railway Administration shall, directly or through their respective nominees/ representatives (including IRSDC), be entitled to grant sub-lease/ sub-licenses in respect of other land and airspace adjoining and/ or near the Station Area (each a “Additional Facility”) in one or more lots, in such manner and on such terms as the MoR and/ or Railway Administration or such nominees/ representative deem fit. The Facility Manager shall have no rights (including specifically any rights of pre-emption) with respect to any such Additional Facility, nor shall the Facility Manager be permitted any alternation, variation, or modification of the Agreement (including specifically the extent of Consideration/ Grant62 or the Term) consequent to any such development of an Additional Facility by the IRSDC/ MoR and/ or Railway Administration (and/ or their nominee/ representative). Effect of Variation in Returns The Facility Manager agrees and acknowledges that IRSDC, the MoR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the Project, or the potential revenue/ returns to the Facility Manager from Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, IRSDC, MoR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the [Consideration/ Grant]63 payable under this Agreement or the Term hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the Project, or the any revenues/ returns therefrom.
Additional Facilities and Variation in Returns 

Related to Additional Facilities and Variation in Returns

  • Borrower Information Used to Determine Applicable Interest Rates The parties understand that the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Lenders by the Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by the Borrower) at the time it was delivered to the Administrative Agent, and if the applicable interest rate or fees calculated for any period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. The Administrative Agent shall promptly notify the Borrower in writing of any additional interest and fees due because of such recalculation, and the Borrower shall pay such additional interest or fees due to the Administrative Agent, for the account of each Lender, within five (5) Business Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive the termination of this Agreement, and this provision shall not in any way limit any of the Administrative Agent’s, the Issuing Bank’s, or any Lender’s other rights under this Agreement.

  • Lien Searches and UCC Termination Statements Delivery to Administrative Agent of (a) the results of a recent search, by a Person satisfactory to Administrative Agent, of all effective UCC financing statements and fixture filings and all judgment and tax lien filings which may have been made with respect to any personal or mixed property of any Loan Party, together with copies of all such filings disclosed by such search, and (b) UCC termination statements duly executed by all applicable Persons for filing in all applicable jurisdictions as may be necessary to terminate any effective UCC financing statements or fixture filings disclosed in such search (other than any such financing statements or fixture filings in respect of Liens permitted to remain outstanding pursuant to the terms of this Agreement).

  • Financial Statements; Servicing Facility In connection with marketing the Mortgage Loans, the Purchaser may make available to a prospective Purchaser a Consolidated Statement of Operations of the Company for the most recently completed two fiscal years for which such a statement is available, as well as a Consolidated Statement of Condition at the end of the last two fiscal years covered by such Consolidated Statement of Operations. The Company also shall make available any comparable interim statements to the extent any such statements have been prepared by or on behalf of the Company (and are available upon request to members or stockholders of the Company or to the public at large). The Company also shall make available to Purchaser or prospective Purchaser a knowledgeable financial or accounting officer for the purpose of answering questions respecting recent developments affecting the Company or the financial statements of the Company, and to permit any prospective Purchaser to inspect the Company's servicing facilities for the purpose of satisfying such prospective Purchaser that the Company has the ability to service the Mortgage Loans as provided in this Agreement.

  • RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES The Allottee hereby agrees to purchase the [Apartment/Plot] on the specific understanding that is/her right to the use of Common Areas shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time.

  • Construction With Other Parts Of The Tariff This ISA shall not be construed as an application for service under Part II or Part III of the Tariff.