Real Property and Equipment Sample Clauses
The 'Real Property and Equipment' clause defines the rights and responsibilities of the parties regarding ownership, use, and maintenance of real estate and physical assets involved in the agreement. It typically outlines which party is responsible for providing, maintaining, or insuring property such as buildings, land, machinery, or office equipment used in the course of the contract. This clause ensures clarity over asset management and helps prevent disputes by specifying obligations and expectations related to tangible property.
Real Property and Equipment. In al- most all cases, the project costs should normally include only depreciation or use charges for real property and equipment of for-profit participants, in accordance with § 603.680. Remember that the budget for an expenditure- based TIA may not include deprecia- tion of a participant’s property as a di- rect cost of the project if that partici- pant’s practice is to charge the depre- ciation of that type of property as an indirect cost, as many organizations do. COST SHARING The contracting officer must:
(a) Determine that the recipient’s cost sharing contributions meet the criteria for cost sharing and determine values for them, in accordance with §§ 603.530 through 603.555. In doing so, the contracting officer must:
(1) Ensure that there are affirmative statements from any third parties identified as sources of cash contribu- tions, and
(2) Include in the award file an eval- uation that documents how the values of the recipient’s contributions to the funding of the project were determined.
(b) Judge that the recipient’s cost sharing contribution, as a percentage of the total budget, is reasonable. To the maximum extent practicable, the recipient must provide at least half of the costs of the project, in accordance with § 603.215. The contracting officer may accept any cash or in-kind contributions that meet all of the following criteria.
(a) In the contracting officer’s judg- ment, they represent meaningful cost sharing that demonstrates the recipi- ent’s commitment to the success of the RD&D project. Cash contributions clearly demonstrate commitment and they are strongly preferred over in- kind contributions.
Real Property and Equipment. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of DCA.
Real Property and Equipment. 5.1. Upon the Closing, Shochet will sublease or assign (or cause to be subleased or assigned) to BlueStone all of Shochet's right, title and interest to all properties where Shochet Persons operate or conduct retail or institutional brokerage business prior to the date hereof (the "Shochet Leases"), under the Shochet Leases requested to be assigned or sublet to BlueStone on or before the Closing Date at the same rent paid by Shochet. A list of the Shochet Leases is set forth on Schedule 5 (a) attached hereto. Shochet will use its best efforts, with respect to those properties requested by BlueStone, to (i) obtain any and all applicable consents necessary to sublease or assign the Shochet Leases to BlueStone prior to the Closing, (ii) execute assignments of the Shochet Leases in substantially the form of Exhibit A attached hereto, and (iii) obtain landlord estoppel certificates relating to the Shochet Leases in substantially the form of Exhibit B attached hereto (the documents referred to in the preceding clauses (i) (ii) and (iii) collectively referred to as the "Landlord Documents"), and will assign to BlueStone its rights to the security deposits relating to such Shochet Leases. To the extent that Shochet has not obtained the Landlord Documents relating to any Shochet Lease requested by BlueStone relating to any Shochet Lease by the Closing Date, then Shochet will sublease to BlueStone the properties relating to those Shochet Leases for which the Landlord Documents have not been obtained, for as long as requested by BlueStone. Shochet agrees to continue to use its best efforts to obtain any such remaining Landlord Documents after the Closing Date. As a condition to BlueStone accepting assignment of any Shochet Lease, BlueStone shall receive all Landlord Documents pertaining to such Shochet Lease. If Shochet does not deliver to BlueStone the Landlord Documents with respect to any property subject to a Shochet Lease within 120 days of the date of this Agreement, BlueStone shall not be obligated to accept assignment of any such Shochet Lease.
Real Property and Equipment. The Real Property and Equipment, taken as a whole, are in good operating condition and repair and are adequate in all material respects for the uses for which they are being put, normal wear and tear excepted. The Disclosure Schedule contains a true and complete list of all Real Property.
Real Property and Equipment. (a) Section 1.103 of the Sellers Disclosure Schedule sets forth a description of the Real Property. Section 1.48 of the Sellers Disclosure Schedule sets forth a description of all Equipment. Sellers are the sole owners or holders of, and have good and marketable title to, all Real Property and Equipment, free and clear of all Encumbrances, except for Permitted Encumbrances. There are no parties in possession of any portion of the Real Property other than Sellers. Sellers have not granted any oral or written right to any Person to lease, sublease, license or otherwise use or occupy any of the Real Property. There are no options or rights in any Person to purchase or acquire any ownership interest in the Real Property or the Equipment. Upon Closing, good and marketable title to Equipment will pass to Buyer, free and clear of all Encumbrances other than Permitted Encumbrances.
(b) The Real Property and all appurtenances and improvements, as used, constructed or maintained by Sellers at any time, conform to applicable Law in all material respects, and except as described in Section 6.07 and Section 6.08 of the Sellers Disclosure Schedule, Sellers have not received notice of violation of any such legal requirements with respect to the Real Property. Without limiting the foregoing, the Real Property and Equipment, taken as a whole, are in good and sufficient condition for the operation of the Business in the manner currently conducted by Sellers (ordinary wear and tear excepted). No condemnation, eminent domain or similar proceeding is pending or, to the Knowledge of Sellers, threatened with respect to all or any portion of the Real Property. Sellers have received no written notice from their insurance carriers, lenders or from any Governmental or Regulatory Authority that any repairs, replacements or alterations are required to be made to the Real Property which have not been made.
(c) No material changes to “Building 100” on the Real Property have occurred since April 1, 2007.
(d) There is no pending proceeding with respect to ad valorem taxes relating to the Real Property and, to Sellers’ Knowledge, Sellers are not in default with respect to their obligations under any easement agreement or restrictive covenant affecting the Real Property .
(e) As of March 31, 2007, the Equipment has a book value of not less than $21 million..
Real Property and Equipment. 5.1. At Sands Brothers' specific request to be made at or following the Closing, BlueStone will sublease or use commercially reasonable efforts to assign (or cause to be subleased or assigned) to Sands Brothers all of BlueStone's right, title and interest to any or all properties (other than the lease relating to the officers occupied by BlueStone at 650 Fifth Avenue, New York, New ▇▇▇▇ ▇▇▇▇▇ (▇▇▇ "▇▇▇ ▇▇▇▇ ▇▇▇▇▇") ▇▇▇ ▇▇▇▇e properties relating to Shochet Leases (defined below)) where Bluestone Persons operate or conduct retail or institutional brokerage business prior to the date hereof (the "BLUESTONE LEASES"), at the same rent paid by BlueStone; provided, however, that if Sands Brothers does not advise BlueStone that Sands Brothers requests sublease or assignment of a BlueStone Lease on or before the forty-fifth (45th) business day following the Closing, BlueStone may take such other action as determines appropriate with respect to such BlueStone Lease(s). A list of the Bluestone Leases is set forth on Schedule 5.1 attached hereto. BlueStone will use commercially reasonable efforts, with respect to those properties, if any, requested by Sands Brothers, to (i) assist Sands Brothers to obtain any and all applicable consents necessary to sublease or assign the Bluestone Leases to Sands Brothers promptly following the Closing, (ii) execute assignments of the Bluestone Leases in substantially the form reasonably acceptable to Sands Brothers, and (iii) assist Sands Brothers to obtain landlord estoppel certificates relating to the Bluestone Leases in substantially the form reasonably acceptable to Sands Brothers (the documents referred to in the preceding clauses (i) (ii) and (iii) collectively referred to as the "Landlord Documents"), and will assign to Sands Brothers its rights to the security deposits relating to such Bluestone Leases.
5.2. With respect to Shochet Leases (as defined in the Shochet Agreement) in which (i) BlueStone is currently paying (or has the right to pay) the monthly rental payments provided thereunder as set forth in Section 7 of the Amendment and Supplement to the Shochet Agreement dated as of August 31, 2001 (the "Shochet Amendment") and (ii) Sands Brothers desires to occupy such property following the Closing, BlueStone agrees (to the extent it has the right to do so) to permit Sands Brothers to use the properties under such Shochet Leases and Sands Brothers agrees to (i) pay the monthly rental payments provided for under such Shoch...
Real Property and Equipment. The retention period for real property and equipment records starts from the date of the disposition, replacement, or transfer at the direction of the NJDOT.
Real Property and Equipment. (a) Prior approval for acquisition with Federal funds. Recipients may purchase real property or equipment in whole or in part with Federal funds under an award only with the prior approval of the grants officer.
Real Property and Equipment. (a) Schedule 4.10(a) sets forth all easements and rights of way that Seller has obtained for its past and planned design and construction activities with respect to the development, construction, operation and maintenance of the Seller’s Initial System, except for any such easements or rights of way that are specified in the Lease Agreement.
(b) Except as set forth in Schedule 4.10(b), Seller has obtained all easements and rights of way, including proofs of dedication, required for all past design and construction activities with respect to the development, construction, operation and maintenance of the CH2\12311443.25 Seller’s Initial System and as would be required to complete the Seller’s Initial System in accordance with its Plans and Specifications, except for any such easements or rights of way that are specified in the Lease Agreement that are not required to be obtained by Seller and for any easement granted to NV Energy, Inc.
(c) All of the Equipment listed on Schedule 2.2(a) will still be owned by Seller as of the Closing and will be part of the Purchased Assets. To the extent constructed or installed, as the case may be, prior to the date of this Agreement, the buildings, structures, fixtures, equipment, building mechanical systems (including electrical, heating and air conditioning systems), and other improvements in, on or within the Premises, (i) have been constructed and installed in accordance with the Plans and Specifications in all material respects and (ii) will be sufficient to operate the Seller’s Initial System as contemplated in the Energy Sales Agreement (without giving effect to the Omnibus Termination Agreement) upon the completion of all improvements at the Seller’s Initial System (in accordance with the Plans and Specifications). All constructed and installed Purchased Assets were new at the time of their installation. There are no deferred maintenance, repairs or unrepaired defects in the structural components comprising such buildings and building mechanical systems located in, on or within the Premises.
(d) Seller has not sold, transferred or removed from the Premises any of the Purchased Assets, except (i) any such assets that were sold or otherwise disposed of in accordance with the Energy Sales Agreement or (ii) to the extent such assets were delivered to and stored at a separate location, in which case, such separate location has been disclosed to Purchasers and Seller has not sold, transferred or removed from such other ...
Real Property and Equipment. You must obtain the prior approval of the DoD grants officer before permitting any for-profit subrecipient to acquire or improve real property or equipment in whole or in part with Federal funds.
(1) If the grants officer does not grant the approval, you must include a subaward provision that prohibits the entity from using Federal funds provided under the subaward to acquire or improve real property or equipment.
(2) If the approval is granted, you must include a subaward provision specifying that title vesting and Federal interest are governed by provisions of 32 CFR 34.21(b) and (c).