Common use of Agreement to Acquire and Construct the Project Clause in Contracts

Agreement to Acquire and Construct the Project. The Board agrees to construct, or cause the construction of, a new industrial manufacturing building containing 57,600 square feet of floor space with related improvements (including, without limitation, the Project Equipment specifically described in Schedule B and such other Project Equipment deemed necessary or appropriate by the Lessee for the operation, maintenance or protection of such building) for use in the manufacturing of trailers or trailer components and other transportation-related equipment to be located on the Leased Land in accordance with plans and specifications, including supplements thereto and amendments thereof, now or hereafter filed by the Lessee in the office of the Board. The Board has heretofore appointed the Lessee as its agent to acquire, construct and install, or cause acquisition, construction and installation of, the aforesaid building, equipment and related improvements. All construction and installation shall be performed in a good and workmanlike manner in compliance with all applicable laws, ordinances, rules and regulations and shall comply with the requirements of any insurance policy required to be maintained by the Lessee hereunder. The Project Equipment and each item thereof shall be so installed in buildings or structures on the Leased Land as to be removable without significant permanent injury or structural damage to the Project. Prior to the installation of any item of Project Equipment, the Lessee shall plainly, distinctly, permanently and conspicuously place and fasten on each such item a metal or other permanent plate, readily visible, bearing the following words: "Property of the Industrial Development Board of the City of Decatur, subject to Indenture of Mortgage and Deed of Trust dated as of December 1, 1978 (Fruehauf Corporation Plant Project)". In case any such plate shall at any time be removed, defaced or destroyed, the Lessee shall immediately cause the same to be restored or replaced. The Board agrees to use its best efforts to complete or substantially to complete the Project no later than June 1, 1981, subject only to such delays in construction as are occasioned by circumstances not reasonably within its control.

Agreement to Acquire and Construct the Project. The Board Not later than the delivery hereof, the County will have acquired the title in and to the Project Land which it warrants in Section 3.2 hereof and, subject to the provisions of Section 4.6, the County agrees to construct, or that: (a) It will cause the construction of, a new industrial manufacturing building containing 57,600 square feet of floor space with related improvements (including, without limitation, Building to be constructed on the Project Equipment specifically described in Schedule B Land, wholly within the boundary lines thereof. It will acquire, construct and such install other Project Equipment deemed facilities necessary or appropriate by the Lessee for the operationcompletion and commencement of operation of the Project. The aforesaid acquisition, maintenance or protection of such building) for use in the manufacturing of trailers or trailer components construction and other transportation-related equipment to installation shall be located on the Leased Land substantially in accordance with plans and specifications, including supplements thereto and amendments thereof, now or hereafter filed specifications prepared by the Lessee General Millx Xxxilities Engineering Department, dated July, 1979, a copy of which is on file with the Clerk of the Circuit Court in and for the County. Any additions, modifications, revisions or changes to said plans and specifications shall also be filed with said Clerk and the Authorized Company Representative. The Building shall be the property of the County and subject to the terms hereof. (b) It will cause the Project Equipment to be acquired and installed in the office Building or on the Project Land, and the Project Equipment will consist of machinery, equipment and other related property described in the Board. The Board has heretofore appointed list attached as Exhibit "B" to the Lessee as its agent to acquire, construct Indenture and install, or cause acquisition, construction and installation of, the aforesaid buildingsuch other items of machinery, equipment and related improvements. All construction property as in the Company's judgment may be necessary for the operation of the Project and installation as shall from time to time prior to the Completion Date be specified in written orders from the Company to the County, all of which acquisitions and installations shall be performed made substantially in a good and workmanlike manner in compliance accordance with all applicable laws, ordinances, rules and regulations and shall comply with the requirements of any insurance policy required to be maintained directions given by the Lessee hereunderCompany. The Project Equipment and each item thereof shall be so installed in buildings or structures on the Leased Land as to be removable without significant permanent injury or structural damage property of the County and subject to the Projectterms hereof. Prior The County agrees that only such changes (other than those requested by the Company, which shall be made as requested) will be made in said plans and specifications as may be specified by the Project Supervisor. The County agrees that it will enter into, or accept the assignment of, such contracts as the Company may request in order to effectuate the purposes of this Section, but that it will not execute any other contract or give any order for the construction of the Building or for the acquisition and installation of any item of the Project Equipment, Equipment unless and until the Lessee Project Supervisor shall plainly, distinctly, permanently and conspicuously place and fasten on each such item a metal or other permanent plate, readily visible, bearing have approved the following words: "Property same in writing. The County agrees to complete construction of the Industrial Development Board Building as promptly as practicable after receipt of the City proceeds from the sale of Decaturthe Bonds, subject to Indenture of Mortgage continue said construction with all reasonable dispatch and Deed of Trust dated as of December 1, 1978 (Fruehauf Corporation Plant Project)". In case any such plate shall at any time be removed, defaced or destroyed, the Lessee shall immediately cause the same to be restored or replaced. The Board agrees to use its best efforts to complete cause said construction to be completed as soon as practicable, delays incident to strikes, riots, lockouts or substantially other industrial disturbances, orders of the United States government or the State or any agency thereof, fires or explosions, acts of God or the public enemy beyond the reasonable control of the County only excepted, but if said construction is not completed within the time herein contemplated, there shall be no resulting liability on the part of the County and no diminution in or postponement or abatement of the purchase price payments and other payments required in Section 5.2 hereof to complete be made by the Company. The County agrees to effect the acquisition and installation of the Project no later than June 1, 1981, subject only Equipment as promptly as practicable after specification by the Company of the items to such delays in construction as are occasioned be installed and receipt of the installation schedule desired by circumstances not reasonably within its controlthe Company.

Agreement to Acquire and Construct the Project. The Board Not later than the delivery hereof the Issuer will have leased the Leased Land from the City and the Issuer agrees to construct, or that: (a) it will cause the construction of, a new industrial manufacturing building containing 57,600 square feet of floor space with related improvements (including, without limitation, the Project Equipment specifically described in Schedule B and such other Project Equipment deemed necessary or appropriate by the Lessee for the operation, maintenance or protection of such building) for use in the manufacturing of trailers or trailer components and other transportation-related equipment to be located constructed on the Leased Land in accordance with plans and specificationsLand, including supplements thereto and amendments wholly within the boundary lines thereof, now or hereafter filed by the Lessee in the office of the Board. The Board has heretofore appointed the Lessee as its agent to It will acquire, construct and install, or cause install other facilities necessary for the completion and commencement of operation of the Project. The aforesaid acquisition, construction and installation ofshall be substantially in accordance with the Plans and Specifications, or, to the extent permitted by Section 8.10(c), and amendments thereto as may be agreed to by the parties hereto. (b) it will cause to be acquired and installed in the Project or on the Leased Land, the aforesaid buildingLeased Equipment, to consist of machinery, equipment and related improvementsproperty described in the list attached hereto as Exhibit "B" and such other items of machinery, equipment and related property as in the Company's judgment may be necessary for the operation of the Project. All The Leased Equipment shall be the property of the City and subject to the terms of the Lease and this Agreement. The Issuer, to the maximum extent permitted by law, hereby makes, constitutes and appoints the Company as its true, lawful and exclusive agent for the acquisition, construction and installation of the Project, and the Company hereby accepts such agency to act and do all things on behalf of the Issuer, to perform all acts of the Issuer hereinbefore provided in this Section 4.1. and to bring any actions or proceedings against any person which the Issuer might bring with respect thereto as the Company shall deem proper. The Issuer hereby ratifies and confirms all actions of, and assumes and adopts all contracts entered into by, the Company with respect to the Project prior to the date hereof. This appointment of the Company to act as agent and all authority hereby conferred or granted is conferred and granted irrevocably, until all activities in connection with the acquisition, construction and installation of the Project shall have been completed, and shall not be performed in a good terminated prior thereto by act of the Issuer or of the Company. The Company agrees to construct and workmanlike manner in compliance install the Project with all applicable laws, ordinances, rules reasonable dispatch and regulations and shall comply with the requirements of any insurance policy required to be maintained by the Lessee hereunder. The Project Equipment and each item thereof shall be so installed in buildings or structures on the Leased Land as to be removable without significant permanent injury or structural damage to the Project. Prior to the installation of any item of Project Equipment, the Lessee shall plainly, distinctly, permanently and conspicuously place and fasten on each such item a metal or other permanent plate, readily visible, bearing the following words: "Property of the Industrial Development Board of the City of Decatur, subject to Indenture of Mortgage and Deed of Trust dated as of December 1, 1978 (Fruehauf Corporation Plant Project)". In case any such plate shall at any time be removed, defaced or destroyed, the Lessee shall immediately cause the same to be restored or replaced. The Board agrees to use its best efforts to complete cause said construction and installation to be completed as soon as practicable, delays incident to strikes, riots, acts of God or substantially the public enemy beyond the reasonable control of the Company only excepted, but if said construction and installation is not completed within the time herein contemplated there shall be no resulting liability on the part of the Company and no diminution in or postponement or abatement of the rents required in Section 5.2 to complete be paid by the Project no later than June 1, 1981, subject only to such delays in construction as are occasioned by circumstances not reasonably within its controlCompany.

Agreement to Acquire and Construct the Project. The Board Borrower agrees that it will proceed with all reasonable dispatch to constructacquire, or cause the construction of, a new industrial manufacturing building containing 57,600 square feet of floor space with related improvements (including, without limitation, install and construct the Project Equipment specifically described in Schedule B and such other Project Equipment deemed necessary or appropriate by the Lessee for the operation, maintenance or protection of such building) for use in the manufacturing of trailers or trailer components and other transportation-related equipment to be located on the Leased Land Facilities substantially in accordance with the plans and specifications, including supplements thereto and amendments thereof, now or hereafter filed specifications which have been approved by the Lessee in the office of the BoardIssuer. The Board has heretofore appointed the Lessee as its agent to acquire, construct and install, or cause Such acquisition, construction and installation ofshall be substantially completed on or before June 1, 2018; provided, however, that if the aforesaid buildingprogress of acquisition, equipment and related improvements. All construction and installation is delayed at any time by Unavoidable Delays, then the Completion Date shall be performed extended for such reasonable time as the Consulting Engineer may determine. If the Borrower desires to make any material change in the construction plans for the Project Facilities or any component thereof, the Borrower shall submit the proposed change to the Issuer for its approval. No changes shall be made which would delete from the Project any essential characteristics of the Project as specified in Section 1.03 nor which would materially and adversely affect the total operating unity and efficiency or capacity of the Project Facilities, and after such changes, the Project Facilities shall continue to constitute a good and workmanlike manner in compliance with all applicable lawsSystem to provide Broadband Services to customers within the boundaries of the Issuer. If the construction plans, ordinancesas modified by the proposed change, rules and regulations and shall comply with conform to the requirements of this Loan Agreement, the Issuer shall approve the proposed change and notify the Borrower in writing of its approval. Such change in the construction plans shall, in any insurance policy required to event, be maintained deemed approved by the Lessee hereunderIssuer unless rejected, in whole or in part, by written notice by the Issuer to the Borrower, setting forth in detail the reasons therefor. Such rejection shall be made as soon as reasonably practicable but in any event within 30 days after receipt of the notice of such change. The Project Equipment and each item thereof shall be so installed in buildings or structures on the Leased Land as to be removable without significant permanent injury or structural damage to the Project. Prior to the installation Issuer’s approval of any item of Project Equipment, such change in the Lessee shall plainly, distinctly, permanently and conspicuously place and fasten on each such item a metal or other permanent plate, readily visible, bearing construction plans will not be unreasonably withheld. Nothing in this paragraph will relieve the following words: "Property Borrower of the Industrial Development Board obligation to comply with any ordinances or procedures of the City of Decatur, subject to Indenture of Mortgage and Deed of Trust dated as of December 1, 1978 (Fruehauf Corporation Plant Project)". In case any such plate shall at any time be removed, defaced or destroyed, the Lessee shall immediately cause the same to be restored or replaced. The Board agrees to use its best efforts to complete or substantially to complete jurisdiction in which the Project no later than June 1, 1981, subject only to such delays Facilities are located regarding changes in construction as are occasioned by circumstances not reasonably within its controlplans.