Contingency. The grant of RSUs is contingent on the Participant’s timely acceptance of this Agreement and satisfaction of the other conditions contained in it. Acceptance shall be through execution of the Agreement as set forth in paragraph 21. If the Participant does not accept this Agreement by the close of business on May 19, 2023, the Participant shall not be entitled to this grant of RSUs regardless of the extent to which the requirements in paragraph 5 (“Vesting”) are satisfied. In addition, to the extent a Participant is on a Company approved leave of absence, including but not limited to short-term disability leave, he or she will not be entitled to this grant of RSUs until such time as he or she returns to work with Verizon or a Related Company (as defined in paragraph 13) and accepts this Agreement within the time period established by the Company.

Contingency. The grant of PSUs is contingent on the Participant’s timely acceptance of this Agreement and satisfaction of the other conditions contained in it. Acceptance shall be through execution of the Agreement as set forth in paragraph 21. If the Participant does not accept this Agreement by the close of business on September 24, 2018, the Participant shall not be entitled to this grant of PSUs regardless of the extent to which the requirements in paragraph 5 (“Vesting”) are satisfied.

Contingency. This Agreement shall be contingent on the approval by, and resolutions of, both Seller and Purchaser.

Contingency. THIS AMENDMENT IS EXPRESSLY CONTINGENT UPON EXECUTION, ON OR BEFORE MAY 31, 2015 (THE “OUTSIDE AGREEMENT DATE”), OF AN AGREEMENT BETWEEN LANDLORD AND THE TENANT OCCUPYING THE EXPANSION SPACE AS OF THE DATE OF THIS AMENDMENT (THE “EXISTING TENANT”) RESPECTING THE RELOCATION OF THE EXISTING TENANT FROM THE EXPANSION SPACE (THE “RELOCATION AGREEMENT”). IF THE RELOCATION AGREEMENT IS NOT EXECUTED BY LANDLORD AND EXISTING TENANT ON OR BEFORE THE OUTSIDE AGREEMENT DATE, AT LANDLORD’S OPTION, THIS AMENDMENT SHALL BE NULL AND VOID AND OF NO FURTHER FORCE OR EFFECT, AND NEITHER TENANT NOR LANDLORD WILL HAVE ANY FURTHER OBLIGATIONS HEREUNDER. FOR THE AVOIDANCE OF DOUBT, IT IS ACKNOWLEDGED AND AGREED THAT IN SUCH EVENT, THE LEASE WILL CONTINUE IN FULL FORCE AND EFFECT WITH RESPECT TO THE ORIGINAL PREMISES AS THOUGH THIS AMENDMENT HAD NEVER BEEN ENTERED INTO.

Other than Permitted Budget Re-allocations, subject to the prior approval of ​, which shall not be unreasonably withheld, conditioned or delayed, the ​ may revise the Project Budget from time to time to move Building Loan Contingency (Hard Costs) to other Hard Costs Budget Lines, and/or to move Building Loan Contingency (Soft Costs) to other Soft Costs Budget Lines. Any Permitted Budget Re-allocations shall not require the prior approval of ​, but ​ shall provide prompt written notice of same to ​.

“Qualifying Letter of Credit” means an irrevocable standby letter of credit (without contingency or conditions) issued by an Eligible Financial Institution which names the Subscription Agent as the sole beneficiary thereof.

Deployment of Contingency Diversion System: Within 1 hour of the first indication, or when the Purchaser knowns or should know, of mine water flowing outside of the Kellogg Tunnel ditch, regardless of cause.

“Liability” shall mean all Indebtedness, obligations and other liabilities of any nature, whether absolute, accrued, matured, contingent (or based upon any contingency), known or unknown, fixed or otherwise, or whether due or to become due.

“Voting Stock” means, as of any date, the Capital Stock of any Person that is at the time entitled to vote (without regard to the occurrence of any contingency) in the election of the Board of Directors of such Person.

3 Any Notice of a Prepayment delivered in connection with any refinancing of all of the Credit Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met (provided that the failure of such contingency shall not relieve the Borrower from its obligations in respect thereof under [Section 5.9] of the Credit Agreement).

The amount of Contingency Diversion System building materials continuously kept shall be sufficient to divert all flows as required by Paragraph 30.a, and shall be deployed in accordance with Paragraph 30.c to control flows during high flow events or to respond to emergencies.

for the contemplated purchase of the Property, by delivering a cancellation notice to Seller and Closing Agent prior to the expiration of the Financing Contingency Period. If this Agreement is not cancelled as set forth herein, the Earnest Money shall be non-refundable unless Seller shall default hereunder, or in the event of a casualty or condemnation, subject to the provisions of Section 16.

Tenant shall have the right, from time to time, at Tenant’s expense and upon reasonable prior notice to Landlord (and accompanied by a representative of Landlord) to test all electrical metering devices serving the Premises utilizing a qualified and licensed electrical consultant selected by Tenant and reasonably acceptable to Landlord (provided that such consultant shall not be paid on a contingency fee basis).

“Voting Securities” of a Person means securities of any class of such Person entitling the holders thereof (without regard to the occurrence of any contingency) to vote in the election of, or to appoint, members of the board of directors or other similar governing body of the Person; provided, that if such Person is a partnership, Voting Securities of such Person shall be the general partner interests in such Person.