Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects to be acquired, constructed and installed on the Project Sites in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEM, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects to the end that the Projects will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx for, xxxx, recover and receive all such sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the Projects, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects are made or done by the Company on its own behalf and not as agent or contractor for the Issuer.
Appears in 2 contracts
Samples: Loan Agreement (Psi Energy Inc), Loan Agreement (Psi Energy Inc)
Acquisition, Construction and Installation. The Company represents City represents, warrants, covenants and agrees that it as follows:
(a) It has caused entered into or will cause enter into Construction Agreements providing for the Projects to be acquired, constructed and installed on construction of the Project Sites Improvements in accordance with the Project Descriptions plans and specifications or will construct the Improvements with City employees in conformance accordance with all applicable, valid the plans and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEM, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, specifications;
(b) It will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary the Improvements to be completed with all reasonable dispatch in connection accordance with the Projects to the end that the Projects will fulfill the Project Purposes, applicable provisions of this Lease;
(c) All contracts entered into or to be entered into by the City relating to such work will be in accordance with all applicable requirements of the laws of the State and will have the performance bonds required by Section 7.01(f);
(d) It has obtained or will obtain all necessary or required permits, licenses, consents and approvals that are material for the purchase, construction, installation, operation and maintenance of the Project and will comply with all lawful requirements of any governmental body regarding the use or condition of the Project, whether existing or later enacted or foreseen or unforeseen or whether involving any change in governmental policy or requiring structural or other change to the Project and irrespective of the cost of so complying;
(e) It will pay all fees, costs and expenses incurred in completing the Improvements or, to the extent there is money in the Project Fund available therefor, will request the Trustee to make such acquisition, construction payments from the Project Fund in the manner hereinafter and installation and in the Declaration of Trust provided; and
(df) It will use its reasonable efforts to ask, demand, xxx for, xxxx, for and use its best efforts to recover and receive all such sums of money, debts and or other demands whatsoever demand to which it may be due, owing and payable entitled under the terms of any contract, order, receipt, guaranty, warranty, writing and or instruction in connection with the acquisitionpurchase, construction and installation of the ProjectsImprovements, and it will use its best efforts, to the extent economically reasonable, to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of connection therewith, and any dispute. Any such amounts received in connection with actions taken under clause (d) of the preceding sentenceforegoing, after deduction of expenses incurred in recovering such recoveryamounts, prior will be paid to the Trustee for deposit in the Project Fund if the Completion Date has not occurred or for deposit in the Lease Revenue Fund Account if the Completion Date has occurred. If the purchase, construction and full disposition installation of the Project Fund Improvements or any portion thereof is delayed or fails to occur for any reason, there will be no diminution in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those or postponement of the Company and any contracts payments to be made by the Company City hereunder. The Trustee is not the agent or representative of the City, and the City is not the agent of the Trustee, and this Lease will not be construed to make the Trustee liable to materialmen, contractors, subcontractors, craftsmen, laborers or others for goods or services delivered by them in connection with respect thereto, whether acquisition contracts, installation contracts or otherwisethe Project, or for debts or claims accruing to the aforesaid parties against the City. This Lease will not create any work contractual relation either expressed or implied between the Trustee and any materialmen, contractors, subcontractors, craftsmen, laborers or any other person supplying any work, labor or materials in connection with the Project. Notwithstanding anything herein or in the Declaration of Trust to the contrary, during the Lease Term, the Trustee will not be done by deemed to exercise control over or be an operator or owner of the Company on the Projects are made Improvements and will not be responsible or done by the Company on its own behalf and not as agent or contractor liable for the Issueroperation, use and maintenance of the Improvements.
Appears in 1 contract
Samples: Site Lease
Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects to be acquired, constructed and installed on the Project Sites Site in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEMEPA, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects to the end that the Projects will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx for, xxxx, recover and receive all such sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the Projects, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects are made or done by the Company on its own behalf and not as agent or contractor for the IssuerAuthority. With knowledge of the provisions of the January 27, 1972 Executive Order of the Governor of Ohio, relating to equal employment opportunity, the Company hereby makes the pledges and commitments enumerated in said order with respect to the construction and installation of the Projects and to the extent that said Executive Order is applicable, agrees that the same requirement and commitment shall be included in all contracts and subcontracts awarded for the construction and installation of the Projects. All laborers and mechanics employed on the Projects have been or will be paid the prevailing rates of wages of laborers and mechanics for the class of work called for by the Projects, which wages were or will be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided, that should the Company or other nonpublic user of the Projects undertake, as part of the Projects, construction to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to issue the Bonds, then, in that event, the rate of pay provided under the collective bargaining agreement may be paid to those employees.
Appears in 1 contract
Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects Project to be acquired, constructed and installed on the Project Sites Site in accordance with the Project Descriptions Description and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects Project and (ii) permits, variances and orders issued in respect of the Projects Project by IDEMEPA, noncompliance with which would have a material adverse effect on the Company's ’s ability to operate and maintain the Projects Project or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects Project to the end that the Projects Project will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx for, xxxx, recover and receive all such sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the ProjectsProject, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. With knowledge of the provisions of the January 27, 1972 Executive Order of the Governor of Ohio, relating to equal employment opportunity, the Company hereby makes the pledges and commitments enumerated in said order with respect to the construction and installation of the Project and to the extent that said Executive Order is applicable, agrees that the same requirement and commitment shall be included in all contracts and subcontracts awarded for the construction and installation of the Project. All laborers and mechanics employed on the respective portions of the Project have been or will be paid not less than the applicable prevailing rates of wages of laborers and mechanics for the class of work called for by those respective portions of the Project, which wages were or will be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided, that should the Company or other nonpublic user of the Project undertake, as part of the Project, construction to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to issue the Bonds, then, in that event, the rate of pay provided under the collective bargaining agreement may be paid to those employees. In making the foregoing representations, it is understood and agreed that the Company has delegated to the operators of the Miami Fort Generating Station and the Conesville Generating Station, respectively, responsibilities relating to the physical acquisition, construction and installation of the portion of the Project at those Generating Stations and compliance with this Section 3.1. It is further understood and agreed that the Projects are those Project is that of the Company and any contracts made by the Company or those operators with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company or those operators on the Projects Project are made or done by the Company or those operators on its their own behalf and not as agent or contractor for the IssuerAuthority.
Appears in 1 contract
Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects Project to be acquired, constructed and installed on the Project Sites Site in accordance with the Project Descriptions Description and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects Project and (ii) permits, variances and orders issued in respect of the Projects Project by IDEMEPA, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects Project or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects Project to the end that the Projects Project will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx sue for, xxxxlevy, recover and receive all such sums of xxch sumx xx money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the ProjectsProject, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those Project is that of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects Project are made or done by the Company on its own behalf and not as agent or contractor for the IssuerAuthority. With knowledge of the provisions of the January 27, 1972 Executive Order of the Governor of Ohio, relating to equal employment opportunity, the Company hereby makes the pledges and commitments enumerated in said order with respect to the construction and installation of the Project and to the extent that said Executive Order is applicable, agrees that the same requirement and commitment shall be included in all contracts and subcontracts awarded for the construction and installation of the Project. All laborers and mechanics employed on the Project have been or will be paid the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages were or will be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided, that should the Company or other nonpublic user of the Project undertake, as part of the Project, construction to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to issue the Bonds, then, in that event, the rate of pay provided under the collective bargaining agreement may be paid to those employees.
Appears in 1 contract
Samples: Loan Agreement (Psi Energy Inc)
Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects to be acquired, constructed and installed on the Project Sites Site in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEMEPA, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects to the end that the Projects will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx sue for, xxxxlevy, recover and receive all such sums of money, debts xxbts and other xxxer demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the Projects, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects are made or done by the Company on its own behalf and not as agent or contractor for the IssuerAuthority. With knowledge of the provisions of the January 27, 1972 Executive Order of the Governor of Ohio, relating to equal employment opportunity, the Company hereby makes the pledges and commitments enumerated in said order with respect to the construction and installation of the Projects and to the extent that said Executive Order is applicable, agrees that the same requirement and commitment shall be included in all contracts and subcontracts awarded for the construction and installation of the Projects. All laborers and mechanics employed on the Projects have been or will be paid the prevailing rates of wages of laborers and mechanics for the class of work called for by the Projects, which wages were or will be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided, that should the Company or other nonpublic user of the Projects undertake, as part of the Projects, construction to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to issue the Bonds, then, in that event, the rate of pay provided under the collective bargaining agreement may be paid to those employees.
Appears in 1 contract
