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SEC Filings

8-K
FORTERRA, INC. filed this Form 8-K on 06/11/2018
Entire Document
 

(c)    Attorneys’ Fees. The provisions for payment of reasonable attorneys’ fees set out in Article 28 as applicable to the Demised Properties located in Florida shall include all costs and fees incurred in court-ordered mediation, at trial, in all appellate proceedings and in any proceedings to determine the reasonableness of such fees and costs.
Section 40.06    Intentionally Omitted
Section 40.07    Kansas. Without limiting the choice of law provision set forth in Article 26, the following provisions shall apply to the extent that the laws of the State of Kansas govern the interpretation or enforcement of this Lease with respect to any Demised Property located in such state, as determined by a court of competent jurisdiction:
(a)    in the event of any conflict between the terms of this Lease and the provisions of Kan. Stat. Ann. Secs. 60-3332 through 60-3351 (Supp.), inclusive, the statutory provisions shall govern any privileges and immunities arising from the release of environmental audit reports and this Lease shall not be interpreted in derogation of such laws.
Section 40.08    Kentucky. Without limiting the choice of law provision set forth in Article 26, the following provisions shall apply to the extent that the laws of the State of Kentucky govern the interpretation or enforcement of this Lease with respect to any Demised Property located in such state, as determined by a court of competent jurisdiction: Landlord hereby waives its lien for rent imposed on Tenant’s property at the Demised Properties in Kentucky by KRS 383.070.
Section 40.09    Louisiana. Without limiting the choice of law provision set forth in Article 26, the following provisions shall apply to the extent that the laws of the State of Louisiana govern the interpretation or enforcement of this Lease with respect to any Demised Property located in such state, as determined by a court of competent jurisdiction:
(a)    Louisiana Terminology. The terms “realty,” “real property” and “real estate” shall mean immovable property; the terms “fee estate” and/or “fee simple” shall mean full ownership; the term “personal property” shall mean movable property; the term “tangible property” shall mean corporeal property; the term “intangible property” shall mean incorporeal property; the term “easement” shall mean servitude; the term “buildings” shall include other constructions; the term “fixtures” shall mean “component parts;” the phrase “covenant running with the land” and other words of similar import shall mean a real right or a recorded lease of immovable property; the term “county” shall mean parish; the term “joint and several” shall mean in solido; the terms “deed in lieu of foreclosure,” “conveyance in lieu of foreclosure” and words of similar import shall mean a dation en paiement; the term “tenancy at sufferance” shall mean a month to month tenancy and/or a reconducted lease; the term “unlawful detainer action” shall mean an eviction proceeding; the term “merger” shall mean confusion; the term “common law” shall mean civil law; and the term “eminent domain” shall include “expropriation”.
(b)    Environmental laws. “Environmental Laws” shall include, but not be limited to, the “Louisiana Environmental Quality Act”, La. R.S. § 30:2001 et seq. and its chapters, including the Louisiana Air Control Law (La. R.S. §§ 30:2051-2064), the Louisiana Water Control Law (La. R.S. §§ 30:2071-2088), the Louisiana Solid Waste Management and Resource Recovery Law (La. R.S. §§ 30:2151-2161), the Louisiana Hazardous Waste Control Law (La. R.S. §§ 30:2171-2206), the Louisiana Inactive and Abandoned Hazardous Waste Site Law (La. R.S. §§ 30:2221-2226), the Liability for Hazardous Substance Remedial Action Act (La. R.S. §§ 30:2271-2281), the Louisiana Hazardous Material Information Development, Preparedness, and Response Act (La, R.S. §§ 30:2361-2379) and the Louisiana Oil Spill Prevention and Response Act (La. R.S. §§ 30:2451-2496), and any amendments to the foregoing statutes.

-45-    A&R MASTER LAND AND BUILDING LEASE
ACTIVE 229182768