Conditions Precedent to Commencement of Construction Sample Clauses

Conditions Precedent to Commencement of Construction. The Concessionaire shall not permit the Design Build Contractor to commence construction of any Construction Segment unless and until the following conditions have been satisfied or waived by the Department in either case in writing (the “Construction Segment Approval”): (i) The Concessionaire shall have delivered to the Department correct and complete copies of Design Documentation and Construction Documentation, as approved by the Department to the extent required under Section 7.05, relating to the applicable Construction Segment pursuant to Section 7.05(b), (c) and (d); (ii) All Regulatory Approvals (including Department Regulatory Approvals and any applicable FHWA approvals and agreements) necessary for the construction of the applicable Construction Segment shall have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Regulatory Approvals; and (iii) All rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment shall have been obtained.
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Conditions Precedent to Commencement of Construction. Developer’s obligations under this Agreement are subject to the fulfillment or waiver by the applicable Party of each of the following conditions precedent: (a) Developer shall have obtained financing on terms acceptable to Developer in its sole discretion. For the purposes of this subparagraph, financing may include debt financing, equity financing, tax equity financing, loan and credit agreements, notes, bonds, indentures, security agreements, lease financing agreements, mortgages, interest rate exchanges, or swap agreements, and any other documents relating to the development, bridge construction or the permanent financing for the construction and operation of the PV System; (b) Developer shall have obtained all permits, licenses and other approvals required by Applicable Legal Requirements and from the Distribution Company for construction and installation of the PV System, and agree to follow the requirements of Section 5.3, below (Governmental Permits); (c) Developer shall have determined that no features of the Premises will substantially impair the installation and operation of the PV System, and that the Premises has sufficient space to accommodate the installation, operation and maintenance of the PV System along with the operation and maintenance of existing facilities; (d) Developer shall have determined that it is feasible to make related improvements as necessary on the Premises to install, operate, and interconnect the PV System to existing infrastructure, it being acknowledged by both Parties that neither Party shall be under any obligation to pay for any required upgrades, but that this condition may be satisfied if either Party agrees to implement any necessary upgrades at its own cost, or if the Parties agree to share the costs of such upgrades; (e) Distribution Company shall not require any material changes in plans and/or specifications to the PV System or its interconnection that require additional costs or fees, in excess of $10,000 in the aggregate, or such greater amount as Developer and Host may agree or such greater amount as Developer and Host may agree (including agreement as to allocation of costs) pursuant to Section 8.1; (f) The Interconnection Agreement, in form and substance satisfactory to Developer and Host, in each of its reasonable discretion, is finalized and executed within one- hundred eighty (180) days of Developer’s submission of the interconnection application, as such deadline may be extended pursuant to Section...
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Conditions Precedent to Commencement of Construction. In addition to the conditions set forth in Section 8.02(a), the Concessionaire shall not commence construction of any Construction Segment unless and until the Department determines that the following conditions have been satisfied (or that the Department will waive such conditions) and has delivered notice to that effect to the Concessionaire (such notice being referred to as the “Construction Segment Approval”): (i) the Concessionaire has delivered to the Department correct and complete copies of all Design Public Hearing Documentation, ETTM System Design Documentation, and Construction Documentation relating to the applicable Construction Segment pursuant to the Agreement and Technical Requirements, and the Concessionaire has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements; (ii) all Governmental Approvals (including any applicable Department approvals and federal approvals and agreements) necessary for the construction of the applicable Construction Segment have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Governmental Approvals; (iii) all rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment have been obtained; (iv) the Concessionaire has delivered to the Department documentation of the Performance Security required by Section 8.13; and (v) the Department has approved the following: (A) Baseline Schedule;
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Conditions Precedent to Commencement of Construction. (a) Subject to Section 2.1(c), Developer shall not commence any preliminary site work, environmental remediation, excavation, demolition, installation of temporary facilities, or Commence Construction of the Hotel, or any portion thereof, unless and until: (i) Developer shall have obtained and delivered to County’s Representative true, correct, and legible copies of all Permits and Approvals required to commence construction (with the balance of all Permits and Approvals obtained prior to commencing construction on all corresponding Construction Work); (ii) Developer obtains a binding commitment for construction financing in an amount of not less than $50,000,000.00 which shall include a credit enhancement guaranty by the County in accordance with the terms set forth in the Hotel Lease, in an amount equal to Forty per cent (40%) of the construction financing but not to exceed $20,000,000.00; (iii) Developer obtains a New Markets Tax Credit (“NMTC”) allocation from a qualified community development entity(s) in the aggregate amount that provides a NMTC equity investment from any credit investor that nets Developer, after all expenses of closing the NMTC transaction, at least $8,000,000.00 (the “NMTC Financing”). In lieu of a NMTC allocation the Developer, in its sole and absolute discretion, may elect to increase the amount of the construction financing to an amount of not less than $58,000,000; (iv) County places the amount of $27,000,000.00 in an Escrow Account to be held by the Palm Beach County Clerk and Comptroller which shall be disbursed, in accordance with the terms of Article 6 hereof, after the disbursement of the Developer’s equity in the amount of $20,000,000.00 and the net NMTC equity of $8,000,000.00 from the NMTC Financing. The disbursements from the Escrow Account shall be pari passu with disbursements by the construction lender of the construction loan; (v) Developer shall have delivered to County original certificates of the policies of insurance required to be carried pursuant to the provisions of Exhibit 10 and Article 7; (vi) Developer prior to commencement of any Construction Work shall have delivered to County and recorded in the public records of Palm Beach County, Florida duly executed and notarized originals of the payment and performance bonds required pursuant to the provisions of Section 2.4 for that portion of the Project; (vii) Developer shall have recorded in the public records of Palm Beach County, Florida the notice require...
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Conditions Precedent to Commencement of Construction. As conditions precedent to the commencement of construction for the Project, the conditions set forth in this Article must first be satisfied. Satisfaction of these conditions depends on the performance by the Developer. Only the City can waive satisfaction of the conditions in this Article.
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Conditions Precedent to Commencement of Construction. Notwithstanding anything to the contrary set forth in this Development Agreement, the Developer shall be obligated to satisfy of the following conditions precedent prior to Commencement of Construction: {28460/21/D1055494.DOC;2} 17
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Conditions Precedent to Commencement of Construction. Landlord and Tenant agree that each of the following conditions precedent has been satisfied:
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Conditions Precedent to Commencement of Construction. Developer shall not commence with any part of construction of the Project until a Notice to Proceed has been issued by the City. The Notice to Proceed shall be issued upon Xxxxxxxxx’s request upon the fulfillment, to the City’s reasonable satisfaction, of all of the following conditions precedent. 7.1 Developer shall have performed and complied with all agreements and conditions required to be performed and complied with by Developer pursuant to this Contract prior to or at Commencement of Construction. As used herein, "Commencement of Construction" shall mean the date that Developer commences actual construction of the Project or any portion thereof after the building permit for such construction has been issued. 7.2 Developer shall furnish to the City evidence satisfactory to the City that Developer has obtained all required permits for the proposed construction, including but not limited to, the applicable NPDES permits and building permits. 7.3 Developer shall furnish to the City one (1) complete set of plans and specifications for the Project approved by the City and the Disability and Communication Access Board. 7.4 Developer shall furnish to the City evidence that Developer has obtained the approvals of the Board of Water Supply, the Department of Environmental Services, Hawaiian Electric Company, and all other required entities for all connections to offsite infrastructure and for roadway access improvements, pursuant to Section 4.12.11 herein. 7.5 Developer shall have entered into one or more construction contracts (collectively, the “Construction Contract”) that covers the entire development and construction of the Project. The Construction Contract must be in a form and content reasonably satisfactory to the City and shall be assignable to the City upon Developer’s uncured breach of this Contract, subject to the rights of the lender(s) providing financing for the Project and only upon the prior written consent of such lender(s). The general contractor (“Contractor”) for the construction of the Project shall be acceptable to the City in its reasonable discretion. Developer shall provide the City a copy of the executed Construction Contract. 7.6 Any contract for architectural services shall be satisfactory to the City and shall be assignable to the City upon Developer’s uncured breach of this Contract, subject to the rights of the lender(s) providing financing for the Project 7.7 Any contract for engineering services shall be satisfactory to the C...
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Related to Conditions Precedent to Commencement of Construction

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • Completion of Construction Within 60 days of the completion of construction of the Project, Project Owner shall deliver to DoD copies of the FAA form 7460-2 for each ASN, including the final coordinates for each turbine erected.

  • Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

  • Waiver of conditions precedent If the Majority Lenders, at their discretion, permit an Advance to be borrowed before certain of the conditions referred to in Clause 9.1 are satisfied, the Borrower shall ensure that those conditions are satisfied within 5 Business Days after the Drawdown Date relative to that Advance (or such longer period as the Agent may, with the authority of the Majority Lenders, specify).

  • Notice Requirements and Commencement of Leave (1) An employee who requests parental leave for the adoption or caring of a child shall be required to provide proof of adoption or birth of the child. (2) An employee shall provide written notice, at least four (4) weeks in advance, of the intended commencement date of the maternity and/or parental leave. (In the case of adoption of a child, the employee shall provide as much notice as possible.) (3) The Employer may require a pregnant employee to commence maternity leave where the duties of the employee cannot reasonably be performed because of the pregnancy. In such cases the employee's previously scheduled leave period will not be affected. (4) An employee on maternity leave or parental leave shall provide four (4) weeks' notice prior to the date the employee intends to return to work. (5) An employee who wishes to return to work within six (6) weeks following the actual date of the birth may be required to provide a certificate from a medical practitioner stating the employee is able to return to work. (6) Where a pregnant employee gives birth before requesting maternity leave or before commencing maternity leave, her maternity leave will be deemed to have started on the date she gave birth.

  • Waiver of Rule of Construction Each Party has had the opportunity to consult with counsel in connection with the review, drafting and negotiation of this Agreement. Accordingly, the rule of construction that any ambiguity in this Agreement shall be construed against the drafting Party shall not apply.

  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.

  • ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

  • Governing 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 laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

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