Completion of Road, Water and Sewer Facilities Sample Clauses

Completion of Road, Water and Sewer Facilities. The Town agrees that if the roads depicted as Stonecrop Road, Xxxxxx Xxxxx Road, and Ledgemere Road on the Plat and Plans (the “Roads”), the water and sewer improvements located within the Road’s Right of Way (the “ROW) or outside of the ROW and subject to an easement (together, the “Primary Infrastructure”), and the related sidewalks, street lighting, and plantings located within the ROW (the “Secondary Infrastructure”) are constructed in accordance with the Plans, it will accept such improvements as public improvements, the future maintenance and repair of which will be the responsibility of the Town. The Roads, Primary Infrastructure, and Secondary Infrastructure shall be completed in the following phasing, which are depicted on the Phasing Plan. The purpose of the articulated phasing is to construct only the Roads, Primary Infrastructure, and Secondary Infrastructure required to receive a Certificate of Occupancy (“CO”) on structures that rely on such infrastructure. This phasing is subject to change based on mutually agreeable amendments to this Development Agreement. Phase A – Summit shall complete the first course of paving on Phase A Roads, the Primary Infrastructure improvements , and Gravel Wetland 1 in accordance with the Plans on or before the date that Summit obtains its first CO for dwelling units on Lots 5 or 12. Summit shall complete the Secondary Infrastructure improvements in Phase A as needed for any dwelling structure to have pedestrian connectivity to Seminary Street Extension as a condition of each dwelling structure’s CO. Summit shall complete the multi-modal path terminating at the ADA ramp access to the building on Lot 12 on or before the date that Summit obtains its last CO for dwelling units on Lots 5 and 12. Phase B-1 – Summit shall complete the first course of paving on Phase B-1 Roads and the Primary Infrastructure improvements in accordance with the Plans on or before the date that Summit obtains its first CO for dwelling units on Lots 7, 8, or 9. Summit shall complete the Secondary Infrastructure improvements in Phase B-1 as needed for any dwelling structure to have pedestrian connectivity to the amenities and infrastructure constructed in previous phases as a condition of each dwelling structure’s CO. Summit shall complete the sidewalks and bike rack on Lot 6, the Community Green on or before the date that Summit obtains its last CO for dwelling units on Lots 7, 8, and 9. Phase B-2 – Summit shall complete the first course o...
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Completion of Road, Water and Sewer Facilities. The Town agrees that if the roads depicted as Stonecrop Road, Xxxxxx Xxxxx Road, and Ledgemere Road on the Plat and Plans (the “Roads”), the water and sewer improvements located within the Road’s Right of Way (the “ROW”) or outside of the ROW and subject to an easement (together, the “Primary Infrastructure”), and the related sidewalks, street lighting, and plantings located within the ROW (the “Secondary Infrastructure”) are constructed in accordance with the Plans, it will accept such improvements as public improvements, the future maintenance and repair of which will be the responsibility of the Town. See public infrastructure plan Sheet EX2. The Roads, Primary Infrastructure, and Secondary Infrastructure shall be completed in the following phasing, which are depicted on the Phasing Plan, Sheet C-2.2. The purpose of the articulated phasing is to construct only the Roads, Primary Infrastructure, and Secondary Infrastructure required to receive a Certificate of Occupancy (“CO”) on structures that rely on such infrastructure. This public infrastructure may not be the only improvements (ex. private driveways needed for fire access) required to receive a CO. This phasing is subject to change based on mutually agreeable amendments to this Development Agreement.

Related to Completion of Road, Water and Sewer Facilities

  • 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.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions For purposes of this Agreement:

  • 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

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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