Casino Property Owner Sewer Allocation; Master Sewer Study Amendment Sample Clauses

Casino Property Owner Sewer Allocation; Master Sewer Study Amendment. Pursuant to the Infrastructure Development Agreement (as defined in Section 6.5, Existing Village 2 Infrastructure Development Agreement, below), the Village 2 Casino Property must be allocated sufficient utility capacity to develop the Village 2 Casino Property as a casino and resort project with 600 hotel units in accordance with the site plans approved by the City on November 16, 2022 under Land Use Application Nos. SUP-000040-2022 and GED-01-2022 (copies of which are on file with the City), together with an integrated or separate project with an additional 450 multi-family units (or equivalent commercial or mixed use units), which in each case, for the purpose of sewer capacity shall not be less than the amounts set forth on Schedule 4.9.3 attached hereto (the “Village 2 Casino Property Owner Sewer Allocation”). Pursuant to a separate agreement between Seller and the Village 2 Casino Property Owner (the “Casino Purchase Agreement”), the Village 2 Casino Property Owner was granted the right to prepare and submit to the City for approval an amendment to the Master Sewer Study (as defined in the Development Agreement) (the “Casino Master Sewer Study Amendment”) and any other amendments to the Property Materials as required by the City (each, an “Other Required Sewer Amendment”) in order to: (a) revise the land use plan for Village 2 then attached to the Master Sewer Study in order to reflect the Village 2 Casino Property as “Commercial/Resort Casino” consistent with the Current Land Use Plan and (b) amend the tables attached to the Master Sewer Study to reflect the Village 2 Casino Property Owner Sewer Allocation. Pursuant to the Casino Purchase Agreement, the Village 2 Casino Property Owner must submit the Casino Master Sewer Study Amendment and any Other Required Sewer Amendment to Master Developer for Master Developer’s review and approval prior to any submission to the City; provided that Master Developer shall only have the right to reasonably object to any portion thereof which is inconsistent with clauses (a) or (b) of the above paragraph in this Section 4.9.3 (the “Sewer Amendment Review Standard”). If, prior to the Closings, the Village 2 Casino Property Owner submits the Casino Master Sewer Study Amendment or any Other Required Sewer Amendment to Master Developer for review and approval, Seller shall cause Master Developer to submit the same to Buyer for concurrent review (it being understood that any comments or SMRH:4867-2220-9151.17 -19- appr...
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Related to Casino Property Owner Sewer Allocation; Master Sewer Study Amendment

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Definitions For purposes of this Agreement:

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Type of Service Answer all questions:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

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