Structural Condition Sample Clauses

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Structural Condition. Except as disclosed in writing by Crow to -------------------- Patriot and as contained in any engineering reports concerning the Property delivered to Patriot, to Crow's knowledge, there is no latent material defect in the Improvements or structural elements thereof, mechanical systems (including, without limitation, all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems) therein, the utility system servicing the Property and the roofs.
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Structural Condition. The Company has no knowledge of any, and there is no, latent or patent defect in (1) the Improvements or structural elements thereof or mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein), or (2) the Utilities serving the Real Properties which, in each case, would result in a Material Adverse Effect on the Company.
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Structural Condition. On or before 5:00 p.m. of the date which is thirteen (13) days from the date of this Agreement, Purchaser shall obtain, at its sole cost and expense, a structural engineering report (the "Report") for the Building. The Report shall be prepared by an independent professional engineering firm chosen by Purchaser. In the event the Report identifies one or more Structural Defects (as defined below) and the estimated cost to remedy such Structural Defects, in the aggregate, exceeds the amount of 1.75% of the purchase price then Purchase shall give written notice to Seller, together with a copy of the Report, requesting that Seller remedy such Structural Defects in the aggregate (the "Structural Notice"). The term "Structural Defect" shall mean any structural repairs or replacements of the Building but shall not include ordinary repairs, individual deferred maintenance items under $10,000, normal wear and tear, and/or repairs or improvements as they may pertain to future tenants. Seller shall have a period of ten (10) business days from receipt of the Structural Notice within which to send Purchaser a written notice electing to either remedy such Structural Defect (which may include giving Purchaser a credit against the Purchase Price in the amount of the estimated cost of such remedy) or terminate this Agreement ("Structural Election Notice"). If Seller's Structural Election Notice elects to terminate this Agreement, Purchaser shall have a period of five (5) business days within which to withdraw its Structural Notice and waive the condition contained in this clause (ix). If Purchaser fails to give a Structural Notice on or before 5:00 p.m. of the date which is thirteen (13) days from the date of this Agreement, it shall be deemed to have waived the condition contained in this claus (ix).
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Structural Condition. Except as set forth on Schedule --------------------- S-5.1(v) or in the Property Inspection Reports, to Seller's Knowledge, each -------- Project, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects, there exists no structural or other material defects or damages in any Project, whether latent or otherwise, and Seller has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Project, or any part thereof, which would materially and adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. Except as set forth on Schedule S-5.1(v) or in the Property -------- Inspection Reports, to Seller's Knowledge, each Project is free from unrepaired damage caused by fire or other casualty. Except as set forth on Schedule S-5.1(v) or in the Property Inspection Reports, to Seller's Knowledge, all -------- liquid and solid waste disposal, septic and sewer systems located on each Project are in a good and safe condition and repair and in compliance in all material respects with all Applicable Laws. Seller has received no written notice of any, and to Seller's Knowledge, there is no, latent or patent defect in (i) the Improvements or structural elements thereof or, mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein) or (ii) the utility system servicing the Projects.
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Structural Condition. Except as otherwise disclosed to Buyer, Seller has not received any written notice from any governmental authorities or any third party structural reports or studies that indicate that there are any material structural problems or deficiencies in the Property or any part thereof.
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Structural Condition. Except as disclosed in writing by Summerfield to Patriot or Wyndham International, Inc. or their affiliates and as contained in any engineering reports concerning the Property delivered to Patriot, there is to Summerfield's knowledge, no latent material defect in the Improvements or structural elements thereof, mechanical systems (including, without limitation, all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems) therein, the utility system servicing the Property and the roofs.
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Structural Condition. Seller has received no written notice of any, and to the best of Seller's knowledge there is no, latent or patent defect in (1) the Improvements or structural elements thereof or mechanical systems therein (including, without limitation, the roof or roofs of the Improvements and all heating, ventilating, air conditioning, plumbing, electrical, utility and sprinkler systems therein) except the defects with respect to the second floor of the building which Seller has heretofore brought to Buyer's attention, or (2) the Utilities (as hereinafter defined) serving the Property. As used herein, "Utilities" shall mean public sanitary and storm sewers, natural gas, telephone, public water facilities, electrical facilities and all other utility facilities and services necessary or appropriate for the operation and occupancy of the Property.
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Structural Condition. The foundation is made of concrete and structural steel materials or combination of both.*
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Structural Condition. Any rupture, fracture, corrosion or similar physical defect in any structural component of the platforms included in the Transferred Properties not constituting ordinary wear and tear and not covered by any applicable warranty, insurance policy or maintenance service contract provided at Sellers' expense. SUBJECT MATERIAL. Any substance, product, waste or other material which is, or becomes identified, listed, published or defined as a hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste or pollutant, or which is otherwise regulated or restricted under any Laws or permits, licenses or other Government Authority approvals, including the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (▇▇▇▇), the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Clean Water Act and the Oil Pollution Liability and Compensation Act of 1990 (OPA 90). Without limitation, Subject Material includes hydrocarbons, asbestos and polychlorinated biphenyls.
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Related to Structural Condition

  • General Condition The Aircraft will: (a) be clean by international airline standards; (b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ MD-87 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service; (c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis; (d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129; (e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date; (f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished; (g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are: (i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package; (ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due; (h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term; (i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source; (j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor; (k) be free of any system-related leaks which are outside maintenance manual limitations; (l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions; (m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected; (n) have an FAA-approved aging aircraft program in operation and up-to-date; and (o) have all signs and decals clean, secure and legible.

  • General Conditions (i) Each party will make each payment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement. (ii) Payments under this Agreement will be made on the due date for value on that date in the place of the account specified in the relevant Confirmation or otherwise pursuant to this Agreement, in freely transferable funds and in the manner customary for payments in the required currency. Where settlement is by delivery (that is, other than by payment), such delivery will be made for receipt on the due date in the manner customary for the relevant obligation unless otherwise specified in the relevant Confirmation or elsewhere in this Agreement. (iii) Each obligation of each party under Section 2(a)(i) is subject to (1) the condition precedent that no Event of Default or Potential Event of Default with respect to the other party has occurred and is continuing, (2) the condition precedent that no Early Termination Date in respect of the relevant Transaction has occurred or been effectively designated and (3) each other applicable condition precedent specified in this Agreement.

  • Special Condition With respect to Liability to the Fund or its shareholders, and subject to applicable state and federal law, the Board Member shall be indemnified pursuant to this Section 1 against any Liability unless such Liability arises by reason of the Board Member’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

  • SPECIAL CONDITIONS In addition to the DFPS Grant Uniform Terms and Conditions, the Grantee agrees to comply with the following DFPS Grant Special Conditions.

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy. B. Nothing herein shall in any manner create any obligation or establish any right against the Reinsurer in favor of third parties or any persons not parties to this Contract except as provided with respect to the Insured in this Contract or in the Assumption of Liability Endorsement. C. In the event of a Quota Share Reduction, as that term is defined under the Policy, each Subscribing Reinsurer's participation percentage in this Contract shall be increased in the proportion that 100% bears to the total Subscribing Reinsurer's participation after the Quota Share Reduction. For the avoidance of doubt, such participation percentage increase is necessary to account for the reduction provisions of the Reduction Under Quota Share Contract Article of the Policy. If applicable, the Remaining Aggregate Retention, as that term is defined under the Policy, would likewise be adjusted. Any termination of a Subscribing Reinsurer's participation in this Contract shall not require the consent of any other Subscribing Reinsurer. As respects each Subscribing Reinsurer still participating on this Contract following the Reinsurer Reduction Date, as that term is defined under the Policy, in no event shall its share of the aggregate limit following the Reinsurer Reduction Date be greater than its share of the aggregate limit prior to the Reinsurer Reduction Date, notwithstanding that its participation percentage may increase as a result thereof. As an example, where the aggregate limit is $300,000,000 with each of three Subscribing Reinsurers retaining a 33.33% share ($100,000,000 each), and one Subscribing Reinsurer's share is terminated, then the resulting aggregate limit becomes $200,000,000 with each of the two remaining Subscribing Reinsurers retaining a 50.00% share (i.e., 33.33% x 100%/66.67%). As respects each of the two remaining Subscribing Reinsurers, its share of the aggregate limit shall remain at $100,000,000.