Alternate Site. The Team shall use good faith efforts to locate a facility, to the extent available, which is located within the State and that meets NFL criteria; provided, however, that the use of any such facility shall be subject to the prior approval of the NFL, in its sole and absolute discretion. If no such facility is available, then the Team shall be permitted to use a facility outside the State. In no event shall the Team’s obligation to use good faith efforts to locate a facility within or outside the State require the Bills, StadCo or the Team to take any action that would cause the Bills, StadCo or the Team to suffer any material economic or scheduling disadvantage as a result thereof. Notwithstanding the foregoing, any facility located outside the contiguous United States shall be subject to the prior written approval of the County and ECSC, such approval not to be unreasonably withheld, conditioned or delayed.
Alternate Site. The Team shall use good faith efforts to locate a facility in New York State that meets NFL criteria. If no such facility exists, then the Team shall be permitted to arrange for an Alternate Site outside of the State. Notwithstanding the foregoing, any Alternate Site shall be subject to the prior approval of the NFL, in its sole and absolute discretion.
Alternate Site. In the event that the Town requires Grantee to remove or relocate itsSmall Wireless Facility(ies) pursuant to this Section, the Town warrants that every effort will be made to ensure continuous, uninterrupted communications and/or receiving capability during any such activity. Additionally, the Town will make practicable efforts towork with Grantee to secure an alternative Town-approved site for Grantee to operate temporary installed Antenna Equipment, which will be installed and maintained at Grantee’s sole expense. If any relocation is not satisfactory to Grantee, then Grantee may,in its sole discretion, terminate this Agreement or the specific Permitted site upon thirty (30) days’ written notice to the Town without further obligation therefor.
Alternate Site. To the extent needed to facilitate timely permitting, financing, site control, interconnection or other considerations, Seller may locate the System on an alternate site in the same utility service territory which, after written notice and consent from Purchaser, shall be deemed the Premises for purposes of this Agreement. The Parties shall cooperate to amend this Agreement to the extent necessary to reflect any such change to the Premises so long as the Purchaser Percentage of the Total Estimated Production in Contract Year 1 does not exceed the Purchaser’s Not to Exceed Estimated Amount as set forth in Exhibit 2, Section 11.
Alternate Site. Should the crushing, stockpiling and shipping of stone taken from the Limestone Quarry, at present contemplated to be undertaken on the Limestone Construction Camp site, be relocated to another site in the vicinity of the Limestone Quarry, the first preference referenced in subsection 5.9.7 in relation to the crushing, stockpiling and shipping of stone taken from the Limestone Quarry, shall be available to Fox Lake on the new site.
Alternate Site. (i) To the extent available, a facility located within the geographic area of the Metropolitan Government and that meets NFL criteria; (ii) if no such facility is available within the geographic area of the Metropolitan Government, a facility located within the State and that meets NFL criteria; and (iii) if no such facility is available in the State, a facility located outside the State and that meets NFL criteria; provided, however, that the use of any such facility shall be subject to the prior approval of the NFL, in its sole and absolute discretion.
Alternate Site. This section has been intentionally deleted.
Alternate Site. BUYER shall have the right to qualify an alternate site for manufacturing of Products under the respective Product registrations. The alternate manufacturing site qualified pursuant to this section may only be used to satisfy 100% of BUYER’s purchase requirements in the event SUPPLIER is unable to meet BUYER’s Purchase Orders for a specific Product more than three (3) times in a quarter or for more than ninety (90) consecutive days for any individual Purchase Order.
Alternate Site. Buyer has requested that Seller evaluate an Alternative Site for the Cogeneration Facility. This location across Xxxxxxxx Street from the Plant, will be evaluated by Seller in good faith to determine if it is suitable for the Cogeneration Facility. Buyer recognized that Seller has a limited amount of time in which to construct the Facility, and therefore, cannot accept significant delays in obtaining approval for use of this Alternate Site. Buyer agrees that either the original Site described in Appendix E or the Alternate Site (if elected by Buyer) will be available to Seller in any case and that the final selection of the Site will be made no later than February 1, 1987. Any regulatory, zoning or other approvals needed to allow Seller to use the Alternate Site will be Buyer's responsibility and must be in hand prior to February 1,
Alternate Site. Notwithstanding any provision to the contrary contained herein, in the event that Buyer, ACI or any other Affiliate of ACI (herein called an "ACI Entity") shall, during the term of this Agreement (whether prior to or after the Closing Date) or within thirty (30) months following the termination of this Agreement by Buyer (other than a termination pursuant to Section 10.3 hereof), shall have a gaming license application accepted for investigation by the Missouri Gaming Commission for a site, other than the Leased Site, that is within the Prime Territory (the "Alternate Site"), and such ACI Entity thereafter receives a gaming license and commences gaming operations on an Excursion Gambling Boat at the Alternate Site, then Buyer and ACI shall cause such ACI Entity to pay to Seller the balance of the Purchase Price with respect to the operation by the ACI Entity of such Excursion Gambling Boat and any related facilities in accordance with the provisions of Section 3 hereof, and all other provisions of this Agreement respecting the Purchase Price shall likewise be applicable thereto; provided that the foregoing obligation to pay the balance of the Purchase Price to Seller shall be conditioned upon Seller taking all actions reasonably requested by any ACI Entity to assist, support and cooperate with such ACI Entity in its efforts to obtain all Permits necessary for the development and operation of such Excursion Gambling Boat and related facilities. The foregoing notwithstanding, if this Agreement has been terminated by Buyer due to a failure to satisfy one (1) or more of the conditions set forth in Section 4.3 hereof, then the foregoing obligation to pay the balance of the Purchase Price shall also be conditioned upon the exclusive endorsement by St. Louis County of the Alternate Site (to the exclusion of all other sites within the Prime Territory) for the development and operation by the ACI Entity of an Excursion Gambling Boat. In addition, in the event that any ACI Entity shall within eighteen (18) months following the termination of this Agreement (other than an termination pursuant to Section 10.3 hereof) have a gaming license application accepted for investigation by the Missouri Gaming Commission for a site that is outside the Prime Territory, but within a radius of fifty (50) miles of the Leased Site, then Buyer and ACI shall cause such ACI Entity to pay to Seller the sum of [[ ]] dollars upon the issuance to the ACI Entity by the Missouri Gaming Commis...
