Contracts. Seller's right, title and interest in and to the contracts described in [Exhibit C] attached hereto (the "Contracts").

Contracts. The Association, acting as Operator through its Board, shall have the power to contract for goods and/or services for the Common Areas or for the performance of any power or duty of the Operator under this Declaration, subject to limitations set forth elsewhere in this Declaration, the Articles or the Bylaws. The Association's power to contract shall include, but is not limited to, the right to enter into agreements with one or more other owners' associations for the purposes described in this Section.

Contracts. Operator shall have the power to contract for goods and services for the Common Area in fulfilling its obligations hereunder including, without limitation, contracting with GWD or any successor water agency for water service to the Project.

Contracts. In the event that any necessary consent to cause any contract that is a Purchased Asset to be assigned to Buyer prior to the date hereof shall not have been obtained prior to the Closing Date, Seller shall use commercially reasonable efforts to obtain the necessary consents following the Closing.

Contracts. Material contracts for the Projects are typically maintained by Comstock Homes of Washington, L.C. (“CHOW”), a wholly owned subsidiary of the Company (including all amendments thereto), including all material agreements with # suppliers or vendors; # subcontractors, including affiliates or subsidiaries of the Company; # developers and homebuilders; and # any governmental or regulatory authority (the “Project Contracts”). The Company hereby agrees to take all action to cause CHOW to maintain for the benefit of CDS all of the Project Contracts after the Closing.

Contracts. The material contracts to which the Company is a party have been filed by the Company in its Exchange Act filings and # all such contracts have been duly and validly authorized, executed and delivered by the Company and constitute the legal, valid and binding agreements of the Company, enforceable by and against it in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws relating to enforcement of creditors’ rights generally, and general equitable principles relating to the availability of remedies, and except as rights to indemnity or contribution may be limited by federal or state securities laws and the public policy underlying such laws; # all such contracts will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; # no party is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default, or permit termination, modification, or acceleration of, any such contract; and # no party has repudiated any provision of any such contract.

Contracts. Seller’s rights in and under the operating contracts, service contracts, financing agreements and other comparable agreements (the “Contracts”) that are either # Contracts listed on Exhibit B attached hereto which Buyer hereby agrees to assume (the “Required Contracts”) or # other Contracts which, subject to Seller's reasonable approval, Buyer may expressly elect in writing to assume, prior to a given Closing (any such other Contract which Buyer so elects to assume will be treated, upon Buyer’s election to so assume, as a Required Contract for all purposes of this Agreement).

Contracts. There are no contracts or agreements to which Seller is a party of any kind relating to the management, leasing, operation, maintenance or repair of the Real Property, or by which any of the Purchased Assets are bound or affected or to which Seller is a party or by which it is bound in connection with the Business or the Purchased Assets except the Required Contracts, Leases, Contracts disclosed to Buyer as part of the Documents and contracts and agreements immaterial to the Business. Seller has not received any unresolved written notice alleging that it has failed to timely perform any of the obligations required to be performed by it, nor alleging that Seller is otherwise in default under, any of the Required Contracts or Leases, except where such failure or default would not reasonably be expected to have a material adverse effect on the value or operation of the Purchased Assets, taken as a whole.

Contracts. Except as provided in Section 7.1 above, Seller shall not materially amend any existing Contract or enter into any new contract with respect to the ownership and operation of the Real Property that will survive the relevant Closing, or that would otherwise affect the use, operation or enjoyment of the Real Property after the Closing, without Buyer’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed).

Contracts. EISAI shall assign to [[EPIZYME:Organization]], to the extent assignable and included in the transition plan to be agreed by the Parties under [clause (c) above], EISAI’s rights in any or all Third Party agreements for licenses, services or supplies used in connection with the Development, Manufacture or Commercialization of Licensed Products in the EISAI Territory, including any Third Party manufacturing agreements and clinical trial agreements (subject to [clause (e) above]), unless any such agreement covers Combination Products in which any active pharmaceutical ingredient that is not a Licensed Compound is covered by Patents Controlled by EISAI or any of its Affiliates. In any manufacturing agreement relating to the Licensed Products, EISAI shall use Commercially Reasonable Efforts to require that the agreement be assignable to [[EPIZYME:Organization]] upon termination of this Agreement. To the extent that any such agreement is not assignable by EISAI, then such agreement will not be assigned, and upon the request of [[EPIZYME:Organization]], EISAI will cooperate in good faith and use Commercially Reasonable Efforts to allow [[EPIZYME:Organization]] to obtain and to enjoy the benefits of such agreement in the form of a license or other right to the extent held by EISAI and subject to such Third Party’s rights. In addition, to the extent that any such Third Party agreement is not specific to Licensed Products, and EISAI needs to retain such agreement for its own purposes unrelated to the applicable Licensed Products, EISAI will cooperate in good faith and use Commercially Reasonable Efforts to allow [[EPIZYME:Organization]] to obtain and to enjoy the benefits of such agreement with respect to the applicable Licensed Products in the form of a sublicense, subcontract or other right, subject to such Third Party’s rights.