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HomeMy WebLinkAbout1183~ an indemnification to TOMECEK for any liability TOMECEK may be subject to, which exceeds said twenty-five per cent (258) of the amount financed without his specific consent. In-the event the lender requires the unconditional endorsement of the Partners, the other Partners may, at their option, deliver an indemnification to TOMECEK for any liability TOMECEK may be subject to, which exceeds said twenty-five per cent (25$), whereupon TOMECEK shall be deemed to have given said consent. In any event, TOMECEK or any other Partner shall be entitled to the remedies of Article XV. Construction or permanent financing shall only be upon such terms as are determine by ZANKL with the consent of TOMECEK, which consent shall not be unreasonably withheld, and provided said terms shall not differ materially from terms then offered by institutional lenders in similar loans. The Partners shall lend their financial statements and efforts to the Partnership so as to provide the Partnership with an ability to borrow the funds necessary to construct the warehousing units contemplated by the Partnership. XI WAREHOUSE CONSTRUCTION Consent of ZANKL and TOMECEK shall be required and sufficient for ~he construction of warehouse units or for the construction of any improvements~to be located on real property purchased by the Partnership. XII ASSIGNMFNT OF PARTNERSHIP INTERESTS No partner shall have the right to sell, assign, transfer, convey, mortgage, alienate, hypothecate or in any other way transfer, dispose of or encumber his interest in the partnership, or any portion thereof, unless all partners shall first give their consent thereto in writing. Notwithstanding the foregoing, any partner shall have the right to will, give, transfer or assign his partnership interest, a~'~ 347 P~cf 1180 -5- a ~~ ~ ~-~~:.r~.:~ ~ .