Stand-Alone and Add Clause Samples

Stand-Alone and Add. On Local ID Markers are not allowed on the interstate unless it is part an overall aesthetic treatment plan that can include landscaping and other aesthetic components. Community Aesthetic Features are not allowed in the median of the interstate. In addition, Community Aesthetic Features must meet the following criteria: A. Stand-Alone Public Art: 1. The location must be outside the appropriate clear zones and should be as close to the right-of-way line as practical. Placement on interstate routes should be well outside the minimum clear zone, a minimum of 50 feet, 100 feet preferred, from edge of the travel lane or ramp, whether guardrail is present or not. The 50 feet minimum, 100 feet preferred lateral placement will help to minimize driver distraction, and reduce the likelihood that vertical structures will become storm debris blown across the roadway. 2. The structure may not display messages with text, or contain any words or alpha-numeric characters. 3. The artist’s insignia may be inscribed or etched on a small plaque affixed to the art work, or placed on the art work itself. The insignia shall not be visible from the roadway so as to not cause a distraction for drivers or bicyclists. 4. The feature may be placed in the median of urban roadways with curb or curb and gutter where the Design Speed is less than or equal to 45 mph and right- of-way is restricted. A minimum offset of six feet from the edge of the inside travel lane is required. 5. The object’s highest point must not be greater in elevation than 25 feet above the nearest point of the roadway. B. Add-On/ Affixed Public Art: 1. The feature may not display messages with text, or contain any words or alpha-numeric characters. 2. The artist’s insignia may be inscribed or etched on a small plaque affixed to the art work, or placed on the art work itself. The insignia shall not be visible from the roadway so as to not cause a distraction for drivers or bicyclists. 3. If affixed to a bridge, it must not reduce the vertical clearance over the roadway. C. Stand-Alone Local ID Marker: 1. The location must be outside the appropriate clear zones and should be as close to the right-of-way line as practical. Placement on interstate routes should be well outside the minimum clear zone, a minimum of 50 feet, 100 feet preferred, from edge of the travel lane or ramp, whether guardrail is present or not. The 50 feet minimum/100 feet preferred lateral placement will help to minimize driver distraction, and r...
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Related to Stand-Alone and Add

  • Limitation on Indemnification Notwithstanding any other provision herein to the contrary, the Company shall not be obligated pursuant to this Agreement:

  • Additional Indemnification Rights Nonexclusivity the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a) hereof.

  • Certain Limits on Indemnification Notwithstanding any other provision of this Agreement (other than Section 6), Indemnitee shall not be entitled to: (a) indemnification hereunder if the Proceeding was one by or in the right of the Company and Indemnitee is adjudged, in a final adjudication of the Proceeding not subject to further appeal, to be liable to the Company; (b) indemnification hereunder if Indemnitee is adjudged, in a final adjudication of the Proceeding not subject to further appeal, to be liable on the basis that personal benefit was improperly received in any Proceeding charging improper personal benefit to Indemnitee, whether or not involving action in the Indemnitee’s Corporate Status; or (c) indemnification or advance of Expenses hereunder if the Proceeding was brought by Indemnitee, unless: (i) the Proceeding was brought to enforce indemnification under this Agreement, and then only to the extent in accordance with and as authorized by Section 12 of this Agreement, or (ii) the Company’s charter or Bylaws, a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directors or an agreement approved by the Board of Directors to which the Company is a party expressly provide otherwise.

  • Specific Limitations on Indemnification Notwithstanding anything to the contrary in this Agreement, the Company shall not indemnify or advance Expenses to Indemnitee with respect to (i) any act, event or circumstance with respect to which it is prohibited to do so under applicable law, or (ii) a counter claim made by the Company or in its name in connection with a claim against the Company filed by the Indemnitee.

  • Indemnification Generally (a) The Indemnifying Persons shall indemnify the Indemnified Persons from and against any and all Losses arising from or in connection with any Event of Indemnification. (b) Any Losses arising from a Parent Event of Indemnification shall be paid from the Escrow Fund (as defined in the Indemnity Escrow Agreement), provided that the indemnification obligations of the Stockholder after the Closing shall be limited to the amounts deposited in the Escrow Fund; and (other than in connection with Fraud Claims, Tax, Title or Environmental Claims, or SWI Distribution Liability Claims (each as defined below)). To the extent applicable, a Parent Event of Indemnification shall be effected in accordance with the terms and conditions of the Indemnity Escrow Agreement. (c) The indemnification obligations of the Parent Indemnifying Parties shall be limited to $10,000,000. (d) No payment for Losses shall be made until the aggregate amount of Losses incurred by an Indemnified Person exceeds $250,000 after which point the Indemnifying Persons shall indemnify the Indemnified Persons for all accrued Losses, including the first $250,000 of such Losses. (e) Notwithstanding any of the foregoing, nothing contained in this Section 8.2 shall in any way limit, impair, modify or otherwise affect the rights of the Indemnified Persons (including rights available under the Securities Act or the Exchange Act) nor shall there be any limitation of liability of Indemnifying Persons in connection with any of such rights of the Indemnified Persons (A) to bring any claim, demand, suit or cause of action otherwise available to the Indemnified Persons based upon (i) an allegation or allegations that the Company and/or the Indemnifying Persons, or any of them, had an intent to defraud or made a willful, intentional or reckless misrepresentation or willful omission of a material fact in connection with this Agreement, the Certificate of Merger or the Related Agreements and the transactions contemplated hereby or thereby ("Fraud Claims"), (ii) any alleged breach of any of the representations or warranties contained in Sections 3.1(c), 3.1(g), 3.1(p) or 3.2(a) (a "Title, Tax or Environmental Claim"), or (iii) the SWI Distribution Liability ("SWI Distribution Liability Claims") or (B) to enforce any judgment of a court of competent jurisdiction which finds or determines that the Company and/or the Indemnifying Persons, or any of them, had an intent to defraud or made a willful misrepresentation or omission of a material fact in connection with this Agreement or the Certificate of Merger and the transactions contemplated hereby or thereby. Notwithstanding the foregoing or anything to the contrary in this Agreement, the indemnification obligations of the Stockholder Indemnifying Parties after Closing pursuant to this Section 8.2(e) shall be limited to an aggregate total of $10,000,000, including the amounts deposited in the Escrow Fund.