Agreement to Construct the Financed Project Sample Clauses

Agreement to Construct the Financed Project. The Financed Project (a) The Authority, acting on behalf of the City, shall cause the Financed Project to be completed as herein provided; (b) Title to the Financed Property shall be in the name of the City, subject to this Lease; (c) The Authority, acting on behalf of the City, agrees to complete the Financed Project with all reasonable dispatch, and to use its best efforts to have the Financed Project completed by , 20 . So long as this Lease is in full force and effect and no Event of Default shall have occurred, the Authority shall have full power to carry out the acts and agreements provided in this Section 14.01, and such power is granted and conferred under this Lease to the Authority, and is accepted by the Authority and shall not be terminated or restricted by act of the City or the Authority, except as provided in this Section 14.01. The Authority agrees to construct the Financed Project in accordance with the plans and specifications prepared by the Authority and approved by a five-member committee (the “Oversight Committee”) composed of representatives from the City, the Authority and the Historic Arkansas River Project (“HARP”) as well as any change orders made in accordance with the Cooperation Agreement (which plans and specifications, as modified by such changes orders, are referred to as the “Plans and Specifications”) pursuant to this Article XIV through the application of moneys to be disbursed by the City pursuant to the Cooperation Agreement, as amended, and Section 14.02 hereof. If for any reason the Financed Project is not completed by the date of Final Completion, there shall be no resulting liability on the part of the Authority or the City, or an Event of Default hereunder. However, in the event that the City Clerk shall not receive the Certificate of Completion evidencing that the Financed Project has been completed, as required in Section 14.03 of this Lease, on or before the date of Final Completion, the City shall, upon 30 days written notice to the Authority, be authorized, but not required, to complete the remainder of any of the Financed Project from any moneys remaining in the Project Account.
Sample 1
AutoNDA by SimpleDocs

Related to Agreement to Construct the Financed Project

  • No Construction Against Drafting Party The parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre-Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • Modifications to this Agreement This Agreement constitutes the entire understanding of the parties on the subjects covered. Employee expressly warrants that he or she is not accepting this Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company.

  • FAIR CONSTRUCTION & INTERPRETATION The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • 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;

  • 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.

  • Complete Agreement; Construction This Agreement, including the Schedules hereto, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Schedule, the Schedule shall prevail. The rights and remedies of the Parties herein provided shall be cumulative and in addition to any other or further remedies provided by law or equity.

  • No Construction as Employment Agreement Nothing contained in this Agreement shall be construed as giving Indemnitee any right to be retained in the employ of the Company or any of its subsidiaries.

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