OPTION CONSIDERATION As consideration for this Option to Purchase Agreement, the Buyer/ Tenant shall pay the Seller/Landlord a non-refundable fee of Dollars ($ ), receipt of which is hereby acknowledged by the Seller/Landlord. This amount shall be credited to the purchase price at closing if the Buyer/Tenant timely exercises the option to purchase, provided that the Buyer/Tenant: (a) is not in default of the Lease Agreement, and (b) closes the conveyance of the Property. The Seller/Landlord shall not refund the fee if the Buyer/Tenant defaults in the Lease Agreement, fails to close the conveyance, or otherwise does not exercise the option to purchase.
Special Considerations The Provider position may be abolished at any time by the Collin County Commissioners Court.
Settlement Consideration 4.1 Subject to the procedures in Sections 6 and 7 below, and in compromise of disputed claims and in consideration of this Agreement, as well as additional consideration described in this Agreement, the Parties have agreed that in exchange for a release by the Releasing Persons of the Released Persons of Released Claims, entry of Final Judgment as contemplated herein, and dismissal with prejudice of the Action, Defendant shall make the following payments: 4.1.1 Subject to the terms, limits, conditions, coverage limits, and deductibles of policies, Class Members who timely file valid Claim Forms by the Claims Deadline will be paid Claim Settlement Payments in an amount equal to the Nonmaterial Depreciation that was withheld from ACV Payments and not subsequently paid; 4.1.2 For Class Members identified under subsections 4.1.1 above, simple interest at the rate of 6% per annum on the Nonmaterial Depreciation determined under subsections 4.1.1, from the date of each respective ACV Payment to the Effective Date; 4.1.3 For Class Members identified under subsections 4.1.1 and for whom all Nonmaterial Depreciation that was withheld from ACV Payments was subsequently paid, simple interest at the rate of 6% per annum on Nonmaterial Depreciation that was initially withheld from ACV payments, from the date of each ACV Payment from which Nonmaterial Depreciation was withheld to the date all Nonmaterial Depreciation was paid; 4.1.4 Subject to the conditions set forth in this Agreement, attorneys’ fees and expenses that are awarded by the Court to Class Counsel; 4.1.5 Subject to the conditions set forth in this Agreement, service awards that are awarded by the Court to the Representative Plaintiffs. 4.1.6 The costs of Class Notice and settlement administration, as provided in this Agreement; and 4.1.7 The reasonable fees incurred by the Neutral Evaluator, as provided in this Agreement. 4.2 Until such time as the foregoing payments are made, all sums to be paid by Defendant shall remain under the control and ownership of Defendant or Defendant’s independent contractors. Neither Class Members nor any other Person shall have any right to or ownership or expectation interest in Claim Settlement Payments or any other sums unless and until timely and eligible claims of Class Members have been submitted and checks in payment of same have been issued and timely negotiated by Class Members, as described in this Agreement. For any payment that has not been timely negotiated by a Class Member, that Class Member’s rights to that payment shall be forfeited by the Class Member, and all rights to any such payments shall be governed by the Defendant’s general escheatment procedures and in accordance with the laws of the applicable states.
Environmental Considerations A. Company, its officers, agents, servants, employees, invitees, independent contractors, successors, and assigns will not discharge or spill any Hazardous Substance, as defined herein, into any component of the storm drainage system or onto any paved or unpaved area within the boundaries of the Premises. In addition, Company will not discharge or spill any Hazardous Substance into any component of the sanitary sewer system without first neutralizing or treating same as required by applicable anti-pollution laws or ordinances, in a manner satisfactory to Authority and other public bodies, federal, state, or local, having jurisdiction over or responsibility for the prevention of pollution of canals, streams, rivers, and other bodies of water. Company’s discharge, spill or introduction of any Hazardous Substance onto the Premises or into any component of Authority’s sanitary or storm drainage systems will, if not remedied by Company with all due dispatch, at the sole discretion of Authority, be deemed a default and cause for termination of this Agreement by Authority, subject to notice and cure. Such termination will not relieve Company of or from liability for such discharge or spill. B. If Company is deemed to be a generator of hazardous waste, as defined by federal, state, or local law, Company will obtain a generator identification number from the U. S. Environmental Protection Agency (EPA) and the appropriate generator permit and will comply with all federal, state, and local laws, and any rules and regulations promulgated thereunder, including but not limited to, ensuring that the transportation, storage, handling, and disposal of such hazardous wastes are conducted in full compliance with applicable law. C. Company agrees to provide Authority, within 10 days after Authority’s request, copies of all hazardous waste permit application documentation, permits, monitoring reports, transportation, responses, storage and disposal plans, material safety data sheets and waste disposal manifests prepared or issued in connection with Company’s use of the Premises. D. At the end of the Agreement, Company will dispose of all solid and hazardous wastes and containers in compliance with all applicable regulations. Copies of all waste manifests will be provided to Authority at least 30 days prior to the end of the Agreement.
Financial Considerations 9.1. In consideration for the rendering of the services, the cidb shall pay the service provider as set forth in Annexure “B” hereof. 9.2. The Service Provider acknowledges that as an independent contractor it will be remunerated for delivery of a specific services as set forth in Annexure “A” hereof. 9.3. Where the Service Provider is a registered VAT vendor, payment of the fees shall be payable to the Service Provider within 30 (thirty) days of receipt of a duly completed VAT invoice, less applicable financial penalties and disputed amounts, provided the invoice is accurate and meets the requirements of this Agreement 9.4. Each invoice shall contain- 9.4.1. A description of the Services rendered; and 9.4.2. Any such details as may reasonably be requested by the cidb, from time to time. 9.5. Should the cidb query an item in an invoice, the Service Provider shall within seven (7) days after a written request by the cidb, provide the cidb with any other documentation or information reasonably required by the cidb in order to verify the accuracy of the amounts due on an invoice. 9.6. The Service Provider shall for the contract term and for a period of three (3) years after the termination of this Agreement, maintain a complete audit trail of the Services performed under this Agreement, sufficient to permit a complete audit thereof. 9.7. Unless otherwise agreed in writing, the cidb shall not be responsible for any subsistence, accommodation, and travel allowances that the service provider may incur in rendering the services. Any extraordinary expenses if payable by the cidb will require cidb’s prior approval before they are incurred by the service provider. 9.8. The cidb will pay the Service Provider for work completed by direct transfer into the following bank account of the Service Provider or such other bank account designated by the Service Provider from time to time. 9.9. The cidb may withhold payment of fees that the cidb disputes in good faith or, if the disputed fees have already been paid, the cidb may withhold an equal amount from a later payment, including disputes in respect of an error in an invoice or an amount paid. If the cidb withholds any such amount- 9.9.1. The cidb shall promptly notify the Service Provider that it is disputing such amount providing a reasonable explanation of the rationale therefore and the Parties shall promptly first address such dispute in accordance with this Clause 16; 9.9.2. If the dispute relates to (or equals in the case of disputed amounts that have already been paid) only a percentage of the invoiced amount, then the cidb shall pay the undisputed amount in accordance with Clause 11.5 above; and 9.9.3. If an invoice is identified as incorrect, then the Service Provider shall either issue a correct invoice if the amount has not yet been paid, or make a correction on the next invoice if the amount has been paid 9.10. Should the service provider be in breach of any of its obligations in terms hereof, or the service levels not being at an acceptable level, and the service provider has failed to rectify such a breach, after receipt of a notice and within the period referred to in clauses 7.2 and 16, the cidb shall be entitled to withhold any payment which may be payable to the service provider until the service levels are once again within acceptable limits. If the cidb elects to exercise its rights in terms of this clause, then the cidb shall be obliged to notify the service provider thereof in writing. 9.11. Any amount payable in terms of this agreement, which is not paid on the due date for payment, shall attract interest of not more than the prevailing rates.