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2023-02-07_REVISION - M2004017
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2023-02-07_REVISION - M2004017
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Entry Properties
Last modified
2/8/2023 11:10:31 PM
Creation date
2/8/2023 8:00:05 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2004017
IBM Index Class Name
Revision
Doc Date
2/7/2023
Doc Name
Request For Succession Of Operator
From
Oldcastle Southwest Group
To
DRMS
Type & Sequence
SO3
Email Name
PSH
JLE
SMS
AWA
Media Type
D
Archive
No
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federal Governmental Authority (each, a"Federal Government Contract") or directly submitted any bid, <br /> quotation, offer, proposal, or other submission in response to any solicitation issued by a United States <br /> federal Governmental Authority seeking to issue a Federal Government Contract. <br /> (c) Schedule 3.10 lists all of the Material Contracts (as defined in this section). Sellers have <br /> previously delivered to Buyer true, accurate, and complete copies of all written Material Contracts <br /> (including any amendments thereto) and a true, accurate, and complete written description of all oral <br /> Material Contracts in each case as currently in effect. As used herein,the term"Material Contract"means <br /> each Contract, by which any of the Assets are bound or affected or to which any Seller is a party and by <br /> which it is bound in connection with the Business or the Assets,that: <br /> (i) involves the potential expenditure or receipt of more than $10,000 over the <br /> remaining term thereof, <br /> (ii) limits, or purports to limit,the ability of any Seller or the Business to compete in <br /> any line of business or with any Person or in any geographic area or during any period of time, or that <br /> restricts the right of such Seller or the Business to sell to or purchase from any Person or to solicit or hire <br /> any Person; <br /> (iii) requires a consent to, or otherwise contains a provision relating to, assignment or <br /> "change of control,"or that would prohibit or delay the consummation of the Transactions; <br /> (iv) includes clauses requiring the purchase or sale of minimum quantities(or payment <br /> of any amount for failure to purchase or sell any specific quantities) of goods or services, or containing <br /> "most favored nations"or similar pricing or other special discount arrangements; <br /> (v) requires either Seller to indemnify or hold harmless any other Person, or provides <br /> for a guaranty of or by any Seller other than pursuant to such Seller's standard terms and conditions of sale, <br /> as previously provided to Buyer; <br /> (vi) imposes on either Seller any confidentiality, non-disclosure, or non-compete <br /> obligation; <br /> (vii) relates to any arrangement, agreement, or relationship of any kind with any labor <br /> union or association, including any collective bargaining agreement; <br /> (viii) provides for a partnership,joint venture,teaming,or similar arrangement pursuant <br /> to which either Seller shares in the profits or losses of any business with any other Person or is jointly liable <br /> with any other Person; <br /> (ix) provides for or relates to any employment (other than at-will arrangements) or <br /> consulting relationship with any Person; <br /> (x) relates to the purchase of any debt or equity security or other ownership interest of <br /> any Person,or for the issuance of any debt or equity security or other ownership interest,or the conversion <br /> of any obligation, instrument,or security into debt or equity securities or other ownership interests of either <br /> Seller; <br /> (xi) relates to settlement or other resolution of any administrative or judicial <br /> Proceedings within the past five (5)years; <br /> 13 <br />
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