Agreement to Acquire, Construct and Install the Project Sample Clauses

Agreement to Acquire, Construct and Install the Project. The Borrower covenants to cause the Project to be acquired, constructed, and installed without material deviation from the Plans and Specifications and warrants that the acquisition, construction, and installation of the Project without material deviation from the Plans and Specifications will result in facilities suitable for use by the Borrower and that all real and personal property provided for therein is necessary or appropriate in connection with the Project. The Borrower may make changes in or additions to the Plans and Specifications; provided, however, changes in or additions to the Plans and Specifications that are material shall be subject to the prior written approval of the Engineer and the EPD. The Borrower agrees to complete the acquisition, construction, and installation of the Project as promptly as practicable and with all reasonable dispatch after the date of this Agreement. Without limiting the foregoing sentence, the Borrower shall commence and complete each activity or event by the deadline stated in the Project Schedule included as part of Exhibit A attached hereto. The Borrower shall comply with the bidding and preconstruction requirements set forth in Exhibit C attached hereto.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Agreement to Acquire, Construct and Install the Project. The Company agrees to make all contracts and do all things necessary for the acquisition, construction and installation of the Project. The Company further agrees that it will acquire, construct, and install the Project with all reasonable dispatch and use its commercially reasonable efforts to cause acquisition, construction, installation and occupancy of the Project. The Company expects the Project to be completed by January of 2012, or as soon thereafter as may be practicable, delays caused by force majeure as defined in Section 8.01 hereof only excepted; but if for any reason such acquisition, construction and installation is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 hereof to be paid by the Company.
Sample 1Sample 2Sample 3See All (5)
Agreement to Acquire, Construct and Install the Project. Promptly following the issuance and sale of the Series 2019 Bonds, the Issuer will acquire the Premises from the Purchaser for the sum of $10 and in consideration of its agreement to acquire, construct, and install the Building thereon and the Equipment therein. Promptly following the acquisition of the Premises, the Issuer will acquire and construct the Building thereon and acquire and install therein the Equipment and will convey the same to the Purchaser as required by Section 3.01 hereof. The Issuer hereby authorizes the Purchaser to, on its behalf, acquire, construct, and install the Project through the application of moneys to be disbursed from the Project Fund by the Project Fund Depository. The Purchaser agrees (i) that it will exercise the foregoing authorizations given to it by the Issuer, (ii) that it will cause the Equipment to be acquired in the name of the Issuer, and (iii) that the Project has been and will be acquired and constructed without material deviation from the Plans and Specifications. The Issuer will enter into, or accept the assignment of, such contracts as the Purchaser may request in order to effectuate the purposes of this Section 4.01, but it will not execute any other contract or give any order for such construction or such purchase of material, supplies, furnishings, or equipment unless and until the Purchaser shall have approved the same in writing. The Purchaser covenants to cause the Project to be constructed without material deviation from the Plans and Specifications and the Construction Contracts and warrants that the construction of the Building without material deviation from the Plans and Specifications will, when supplemented by the Equipment, result in facilities suitable for use by the Purchaser and that all real and personal property provided for therein is necessary or appropriate in connection with the Project. The Purchaser may make changes in or additions to the Plans and Specifications; provided, however, changes in or additions to the Plans and Specifications that are material shall be subject to the prior written approval of the Consulting Architect and the Authorized Issuer Representative. The Purchaser agrees, on behalf of the Issuer, to complete the acquisition, construction, and installation of the Project as promptly as practicable and with all reasonable dispatch after the date of issuance and sale of the Series 2019 Bonds.
Sample 1
Agreement to Acquire, Construct and Install the Project. (a) The Authority shall faithfully and punctually perform and observe all obligations and undertakings on its part to be performed and observed under the Project Agreements in order for the Project to be acquired, constructed, and installed in accordance with the terms thereof. The Authority covenants to maintain, at all times, the validity and effectiveness of the Project Agreements and shall take no action, shall permit no action to be taken by others, and shall not omit to take any action or permit others to omit to take any action, which action or omission might release the Developer or any other party thereto from its liabilities or obligations under the Project Agreements or result in the surrender, termination, amendment, or modification of, or impair the validity of, the Project Agreement, except as provided in paragraph (c) of this Section
Sample 1
Agreement to Acquire, Construct and Install the Project. Simultaneously with the issuance and sale of the Bond, the Issuer will acquire title to the Project as it exists on such date of issuance. The Company will thereafter use commercially reasonable efforts to lease premises within the Project to third parties and to provide for the construction, installation, and equipping of premises contained therein, and will otherwise, to the extent necessary, in the Company’s sole discretion, perform such construction, equipment, repair, renovation and replacement of the Project as may be required to manage and operate the Project from time to time during the Lease Term. Items of used equipment, as well as new equipment, may be included in the Project. The Company may, using its own funds, pay any of the Costs of the Project, and acquire any property which is to be a part of the Project in its own name, for the purpose of the later transfer of such property by the Company to the Issuer pursuant hereto. The Company is not authorized to and will not obligate the Issuer for any of the Costs of the Project. The Company may make changes in the Project, so long as such changes do not cause the Project to be unsuitable for its intended purpose or to fail to constitute a “project” under the Act or to violate any applicable provisions of law. Any contracts for the construction of any improvements that are a part of the Project shall be let by the Company as a principal, and not as agent of the Issuer.
Sample 1
Agreement to Acquire, Construct and Install the Project. The Company agrees that it will acquire, construct, and install the Project with all reasonable dispatch and use its best efforts to cause the acquisition, construction and installation of the Project to be completed by October 1, 1986, or as soon thereafter as may be practicable, delays caused by Force Majeure only excepted; but if for any reason such acquisition, construction and installation is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.2 hereof to be paid by the Company.
Sample 1
Agreement to Acquire, Construct and Install the Project. Not later than the delivery of this Lease the Issuer will have acquired the title in and to the Project Facility Site and, subject to the provisions of Section 4.6 hereof, the Issuer agrees that it will cause the acquisition, construction, installation and completion of the Project to be made in accordance with the Project Summary, as may be amended from time to time by the Lessee, the Project to consist of the Project Facility, the Project Facility Site, and the machinery, equipment and related property comprising the Project Equipment, said Project Equipment being more particularly described in the list attached hereto as Exhibit “C,” as from time to time amended, and such other items of machinery, equipment and related property as in the Lessee’s judgment may be necessary or desirable for the operation of the Project and as shall from time to time prior to the Completion Date be specified in written orders from the Lessee to the Issuer, all of which acquisitions, construction and installations shall be made substantially in accordance with directions given by the Lessee. Any changes to the Project Summary shall be made at the sole discretion of the Lessee and shall also be filed with the Secretary of the Issuer and the Authorized Lessee Representative. Upon the request of the Lessee, the Issuer shall deliver to the Lessee an Amendment to Lease Agreement in substantially the form of Exhibit “G” hereto and other appropriate documents necessary to convey to the Issuer title to any real property and any items of machinery, equipment and related personal property acquired and installed with the proceeds of the Bonds or acquired and installed by the Lessee with its own funds. The Issuer, to the maximum extent permitted by law, hereby makes, constitutes and appoints the Lessee as its true, lawful and exclusive agent for the acquisition, construction and installation of the Project, and the Lessee 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 Lessee shall deem proper. The Issuer hereby ratifies and confirms all actions of the Lessee with respect to the Project prior to the date hereof. This appointment of the Lessee to act as agent and all authority hereby conferred or granted is conferred and granted irrevocably, until all activities in con...
Sample 1
AutoNDA by SimpleDocs
Agreement to Acquire, Construct and Install the Project. (a) The Authority hereby appoints the County as its sole and exclusive agent to proceed forthwith with acquiring, constructing and equipping the Project in accordance with the Project Report as defined in the Bond Resolution. The County shall obtain or cause to be obtained all necessary approvals from any and all governmental agencies requisite to undertaking the acquisition, construction and equipping of the Project. The Project shall be acquired, constructed and installed in compliance with all federal, state and local laws, ordinances and regulations applicable thereto. The County will take or cause to be taken such action and institute or cause to be instituted such proceedings as it shall deem appropriate to cause and require all contractors and suppliers of materials to complete their contracts, including the correcting of any defective work. Any amounts recovered by way of damages, refunds, adjustments or otherwise in connection with the foregoing shall (i) if the County has corrected at its own expense the matter which gave rise to such default or breach, be paid to the County or (ii) if the County has not corrected at its own expense the matter which gave rise to such default or breach, be paid into the Project Fund.
Sample 1
Agreement to Acquire, Construct and Install the Project. The Borrower covenants to cause the Project to be acquired, constructed, and installed by the Borrower without material deviation from the Plans and Specifications and in accordance with the Development Agreement and warrants that the acquisition, construction, and installation of the Project without material deviation from the Plans and Specifications and in accordance with the Development Agreement will result in facilities suitable for use by the Lender and the Borrower and that all real and personal property provided for therein is necessary or appropriate in connection with the Project. The Borrower may make changes in or additions to the Plans and Specifications, subject to the provisions of the Development Agreement; provided, however, changes in or additions to the Plans and Specifications that are material shall be subject to the prior written approval of the Lender. The Borrower agrees to complete the acquisition, construction, and installation of the Project as promptly as practicable and with all reasonable dispatch after the date of this Agreement, subject to the provisions of the Development Agreement.
Sample 1

Related to Agreement to Acquire, Construct and Install the Project

  • Entire Agreement; Construction This Agreement, including the Exhibits and Schedules, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, course of dealings and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Schedule hereto, the Schedule shall prevail. In the event of any conflict between this Agreement and the Tax Matters Agreement, the terms and conditions of the Tax Matters Agreement shall govern.

  • No Construction Loans No Mortgage Loan was made in connection with (i) the construction or rehabilitation of a Mortgage Property or (ii) facilitating the trade-in or exchange of a Mortgaged Property other than a construction-to-permanent loan which has converted to a permanent Mortgage Loan;

  • Initial Construction Landlord shall fully construct the base Building in accordance with the preliminary base building plans, including, without limitation, floor plans, elevations and site plan(s) (collectively, the "PBBP") and Base Building Outline Specifications attached hereto as Exhibits B-1 and B-2, respectively (all of such work being collectively referred to as the "Landlord's Work"). In the event of differences between the PBBP or the Landlord's Plans (as hereinafter defined) and the Base Building Outline Specifications, the Base Building Outline Specifications shall govern and control until the Landlord's Plans (as hereinafter defined) are prepared. A complete set of final base Building plans and construction drawings and specifications, such drawings and specifications to include a detail schedule of core base Building finish items such as, but not limited to, carpets, doors, hardware, ceiling grids/tiles, lavatory fixtures, light fixtures, window blinds, lobby finishes and paint/wall coverings (collectively, the "Landlord's Plans") shall be prepared by Landlord, at its sole cost and expense. Landlord and Tenant agree to work together with Landlord's architect, Symmes Maini and McKex Xxxociates, Inc. in order to achieve a design that meets the standard set forth below. Furthermore, Landlord agrees to use good faith and diligent efforts to deliver the Landlord's Plans to Tenant on or before May 1, 2000. Upon receipt, Tenant shall have seven (7) business days to comment upon the Landlord's Plans. Landlord and Tenant shall use reasonable efforts to reach agreement on the Landlord's Plans as soon thereafter as possible. In reaching agreement, Landlord and Tenant shall each approve portions of the Landlord's Plans that are in acceptable form and shall note their respective objections to the portions that are unacceptable to each of them so as to enable Landlord to continue construction and order materials in a timely manner. In the event that Landlord's Plans conform with the PBBP, but Tenant does not approve the Landlord's Plans within seven (7) business days of receipt thereof from Landlord, then the Outside Delivery Date (as hereinafter defined) shall be extended for a number of days equal to the number of Tenant Plan Delay Days, as such term is hereinafter defined. The number of Tenant Plan Delay Days are defined as and shall be calculated by determining the actual number of days as certified by Landlord and its architect that the Term Commencement Date was delayed by such Tenant's failure to approve the Landlord's Plans within the required seven (7) business days. Landlord agrees to provide Tenant with written notice of such determination, such notice to include reasonable detail describing the cause of the delay and the number of Tenant Plan Delay Days as certified by Landlord and its architect. If Tenant and Tenant's Architect (as hereinafter defined)

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Specific Shall Not Limit General; Construction No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.

  • Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!