Prohibited Conditions Clause Samples

Prohibited Conditions. If one or more of the CPO Conditions is: (i) a term or condition with which eBay is not reasonably capable of complying, (ii) a term or condition applicable to merchants with which the eBay Merchants (in the aggregate) are not reasonably capable of complying, as described below; (iii) unique to such Competitive Platform Operator (such that only the Competitive Platform Operator could comply); or (iv) designed or intended to, or operates to, frustrate or interfere with, or otherwise has the effect of, discriminating against eBay or eBay Merchants or frustrating or circumventing the application of this Section 3.4 (collectively, the “Prohibited Conditions”), then eBay and the eBay Merchants shall receive the CPO MFP without having to comply with such CPO Condition (provided, that eBay complies with all CPO Conditions that are not Prohibited Conditions). By way of example: (A) eBay and eBay Merchants will be deemed to be not “reasonably capable of complying” with any and all terms or conditions to the extent that they (1) impose a condition or requirement of size or ranking (in aggregate or with respect to a specific jurisdiction) that is unrelated to the Competitive Platform Operator’s payments volume on PayPal and that exceeds the size or ranking of the applicable eBay Covered Properties, (2) require eBay or eBay Merchants to violate any applicable Law or Contract (other than any Contract that may be amended by eBay without the consent of the other party or parties thereto to eliminate such violation) or (3) would require eBay to operate a Property that is not an eBay Covered Property or own or control operations in a jurisdiction that is not a Covered Jurisdiction; and (B) subject to clause (A), eBay shall not be deemed to be not “reasonably capable of complying” with a term or condition solely because such term or condition requires eBay to pay or commit to pay any amount or incur any obligation in favor of or offer or grant any accommodation (financial or otherwise) to the Competitive Platform Operator or in respect of such CPO MFP.

Prohibited Conditions. No personnel ex- changed pursuant to an agreement under this section may take or be required to take an oath of allegiance to the host country or to hold an official capacity in the government of such country.

Prohibited Conditions. The following shall be prohibited at Springfield Commons: (a) Plants, animals, devices or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Springfield Commons; (b) Structures, equipment or other items on the exterior portions of a premises which have become ▇▇▇▇▇, dilapidated or otherwise fallen into disrepair; and (c) Sprinkler or irrigation systems or ▇▇▇▇▇ of any type which draw upon open water from ground or surface waters within Springfield Commons , except that Declarant and the Association shall have the right to draw water from such sources; (d) Satellite dishes, antennae and other similar devices for the transmission of television, radio, satellite, or other signals of any kind, except that: (i) Declarant and the Association shall have the right, without obligation, to erect or install and maintain any such apparatus for the benefit of all or a portion of Springfield Commons, and (ii)(a) antennae or satellite dishes designed to receive direct broadcast satellite service which are under one meter or less in diameter; (b) antennae or satellite dishes designed to receive video programming services via multi-point distribution services which are one meter or less in diameter or diagonal measurement; or (c) antennae or satellite dishes designed to receive television broadcast signals (“Permitted Devices”) shall be permitted, provided that any such Permitted Device is placed in the least conspicuous location on the premises in which an acceptable quality signal can be received and is screened from the view of adjacent premises, streets and Common Elements in a manner consistent with the Community-Wide Standard.

Prohibited Conditions. Bank will not be obligated to disburse funds (although Bank may, if it so desires in its sole discretion, advance funds) if any of the following conditions exist: A. Borrower has not fully complied with the terms, covenants, and conditions set forth in the Loan Documents; B. Bank, based upon the advice of Bank's Consultants or other advisors, believes that the construction of the proposed Improvements cannot be completed within 30 days after the time required by this Agreement (in which event, Bank's Consultant must provide to Bank and Borrower in writing the reasons for that belief); C. In Bank's sole opinion, the estimated remaining cost of completing construction of any Budget line item in accordance with the Plans and Specifications exceeds the undisbursed funds allocated to that Budget line item, or the Budget is otherwise out of balance and Borrower has not made arrangements satisfactory to Bank, in Bank's sole discretion, to correct the deficiency via additional contributions to Project equity; D. The Property is damaged by fire or other casualty and Bank has not received insurance proceeds sufficient, in Bank's sole opinion, to restore the Improvements to substantially the condition existing immediately before the casualty, and Borrower has not made arrangements satisfactory to Bank, in Bank's sole discretion, to both pay the insufficiency in the insurance proceeds and to complete the construction of the improvements on or before the completion date set forth in this Agreement; however, Bank, at its option, may continue to fund required interest payments so long as Borrower satisfies all other condition precedent to each disbursement. E. Any lien is filed against the Property (other than the lien of the Mortgage) and is not satisfied or transferred to bond within 15 days as permitted by Chapter 713 of the Florida Statutes. F. A condemnation proceeding is threatened or commenced against all or any portion of the Project. G. Bank's Consultant refuses to approve any aspect of the Request for Advance or the Improvements installed to date of the Request for Advance and provides a written explanation documenting the reason for the refusal.

Prohibited Conditions. The following shall be prohibited in the Shopping Center: (i) Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Commercial Area; and (ii) Structures, equipment, or other items on the exterior portions of a Commercial Lot which have become r▇▇▇▇, dilapidated, or otherwise fallen into disrepair. Landlord hereby agrees that it shall not lease space in the Village Center to a restaurant tenant selling Japanese and/or Thai Food unless the total sales of Japanese and/or Thai food is less than ten percent (10%) of such other tenant’s Gross Sales. The foregoing restriction shall not apply to (a) any tenant now or hereinafter leasing or occupying in excess of 40,000 square feet of Rentable Area in the Village Center, or (b) any existing tenant of the Village Center (or any such existing tenant’s successors, assignees or sublessees), or (c) any tenant who shall at any time replace any such existing tenant (or any such existing tenant’s successors, assignees or sublessees) whether such replacement tenant shall occupy the same or different premises in the Village Center, or (d) to any existing or future tenant or other occupant of any outparcel which may from time to time be located in or adjacent to the Village Center. Provided that Tenant has not committed an event of default, and subject to the limitations set forth below, Landlord agrees that during the Term, as such Term may be extended pursuant to the provisions of the Lease, Landlord shall not, without Tenant’s reasonable consent, enter into a lease with any occupant in Tenant’s building within the Shopping Center, which shall permit such occupant to have as a primary use for its premises the following: the sale of frozen yogurt (the “Exclusive Right’). Tenant’s Exclusive Right is subject to the following express limitations: A. Existing tenants of the Shopping Center (which leases may be assigned, renewed, extended or replaced), as well as land, buildings or spaces which are not owned by Landlord, are not subject to the Exclusive Right; B. The Exclusive Right shall only limit competing uses that are the primary business of competing tenants as such business is engaged in at the Shopping Center and shall not be construed as prohibiting ancillary uses or business that competing tenants do not engage in at the Shopping Center; C. The Exclusive Right shall only b...

Prohibited Conditions. Notwithstanding any other provision hereof and subject to the conditions of paragraph 12 above, the characteristics and methods of operation of any equipment or facilities placed in the Equipment Space shall not interfere with, slow the functioning of or otherwise impair service over any facilities of Cox or the facilities of any other person or entity located in the Facility; create hazards for or cause damage to those facilities or the Facility; impair the privacy of any communications carried in, from, or through the Facility; or create hazards or cause physical harm to any individual or the public. The occurrence of any of the foregoing events shall constitute a material breach of this Agreement.

Prohibited Conditions