Conditions Precedent to Construction. GBRA shall initiate construction of the Initial Improvements upon satisfaction of the following conditions precedent:
(i) Availability of sufficient Bond proceeds to fund Capital Costs;
(ii) Approval of this Contract by TCEQ, if TCEQ approval is required by TCEQ regulation or other applicable law;
(iii) Approval of this Contract by the eligible voters within the WCID in accordance with the requirements of Section 49.108 of the Texas Water Code;
(iv) Receipt of all permits and approvals required to initiate construction of the Initial Improvements under applicable Regulatory Requirements; and (v) Execution of a Hydroelectric Sales Agreement.
Conditions Precedent to Construction. A. Before commencing construction of the improvements, developer shall submit to the Township Representative the specifications for materials to be used in such construction and developer shall not proceed with any construction without the written approval of the Township Representative.
B. No zoning or building permit shall be issued and no construction of the Improvements shall commence until:
1. The plan is recorded according to law
2. The Developer presents evidence satisfactory to the Township Solicitor that Developer has legal title to the tract;
3. This Agreement is duly signed, acknowledged and delivered;
4. All fees required by Township ordinances and regulations are paid; including payment of legal and engineering fees and expenses incidental to review of the development;
5. All amounts due the Township under Paragraph 1 (F) an/or 1(J) have been paid:
6. Developer provides Financial Security to Township; and
7. Developer enters into the Utility Agreement.
Conditions Precedent to Construction. The following matters shall be completed before construction begins on any portion or phase of the Project which involves TIF Eligible Costs.
Conditions Precedent to Construction. The following matters must be completed before construction begins on each Phase of the Project.
Conditions Precedent to Construction. Before commencement of any work upon the Land, and in any event within thirty (30) days before the Construction Commencement Date, Tenant shall deliver to Landlord (a) evidence that Tenant has obtained all necessary Use Permits with respect to the Project Improvements and copies of all other Required Permits obtained to date, (b) evidence of builders’ risk (course of construction) insurance or an inclusive insurance policy commonly known as an Owner Controlled Insurance Plan (OCIP) reasonably acceptable to Landlord and satisfying the requirements of Section 9.1, (c) evidence that proper workers’ compensation insurance has been procured to cover all Persons employed by Tenant and its agents in connection with Construction of the Project Improvements in accordance with the requirements of Section 9.1.2, (d) evidence that Tenant has arranged for adequate funding of the Project Improvements and the initial two (2) full Operating Years’ management and operation thereof with sufficient reserves to pay Rent due hereunder and all debt service, including evidence of construction and permanent loan financing and Tenant’s equity contributions, (e) evidence that Tenant or its contractors have provided a payment and performance bond, or other substitute security that is approved by Landlord, in its sole and absolute discretion, (f) evidence that Tenant and Master Developer have agreed on a coordinated schedule for Construction of the Project Improvements and the Public Improvements, including Construction staging, and (g) evidence that Tenant has satisfied all applicable environmental requirements necessary to commence Construction of the Project Improvements, including without limitation, requirements of the CEQA. Landlord agrees that, if Tenant possesses cash and cash equivalents in excess of five hundred million dollars ($500,000,000) as of the Construction Commencement Date, Tenant shall be deemed to have satisfied its obligation under Section 7.1.4(d) above.
Conditions Precedent to Construction. 4.1 DXE may not begin construction of the Cajon Pass Project on Caltrans’ right of way until the following conditions have been met:
4.1.1 DXE and Caltrans have executed the Right of Way Use Agreement described in Section 2;
4.1.2 DXE and Caltrans have executed the supplemental agreements identified in Section 3.1;
4.1.3 Any environmental review required for the Cajon Pass Project under applicable laws has been completed;
4.1.4 Caltrans has provided a favorable assessment of the Cajon Pass Project with regards to the then-current State Rail Plan consistency;
4.1.5 Caltrans has provided to DXE approval of the final plans for the applicable project segment and documented such approval by issuing the related encroachment permits for construction;
4.1.6 DXE (and its contractors, as applicable) has obtained from Caltrans the encroachment permits for construction related to the project segment where work is to be performed;
4.1.7 Caltrans has received written consent from the Federal Highway Administration for any Right of Way Use Agreement entered into between DXE and Caltrans; and
4.1.8 DXE has obtained all necessary governmental permits, approvals, and agreements for commencement of construction of the Cajon Pass Project.
Conditions Precedent to Construction. Before the aforementioned remodeling and renovation construction is commenced on the premises and before any building materials have been delivered to the premises by Lessee or under Lessee's authority, Lessee shall comply with all the following conditions or procure Lessor's written waiver thereof, as specified in a waiver issued by Lessor.
Conditions Precedent to Construction. The Concessionaire in its discretion shall have determined that each of the following events must have occurred before the Concessionaire starts construction of a Major Capital Improvement: (a) the Parties have obtained all necessary Authorizations for the construction of the Major Capital Improvement; and (b) the Authority has approved the imposition of the Capital Cost Recovery Charge in accordance with Section 7.1(f) and the definition of Capital Cost Recovery Charge for the design and construction of the Major Capital Improvement.
Conditions Precedent to Construction. A. Before commencing construction of the Improvements, Developer shall submit to the Township Engineer the specifications for materials to be used in such construction. Developer shall not proceed with any construction without the written approval of the Township Engineer.
B. Unless the Township specifically agrees otherwise in writing and Developer complies with all conditions imposed by the Township with regard to the commencement of construction, the Township shall not issue any zoning or building permits, and Developer shall not commence construction of the Improvements until:
(1) Developer records the Plan according to law;
(2) Developer presents evidence satisfactory to the Township Solicitor that Developer has legal title to the Tract;
(3) This Agreement is duly signed, acknowledged, and delivered;
(4) Developer pays all fees required by Township ordinances and regulations, including payment of legal and engineering fees and expenses incidental to review of the Development;
(5) Developer pays all amounts due the Township under Paragraphs 1(F) and/or 1(K);
(6) Developer provides Financial Security to the Township and/or to the Pennsylvania Department of Transportation (“PennDOT”) and EAJA and to The Borough, as applicable; and
(7) Developer enters into the Utility Agreements.
Conditions Precedent to Construction. The following matters must be completed before construction begins on the project and related improvements:
1. Project Owner/Borrower shall deliver to the City the documents listed below, and any other documents reasonably required prior to the commencement of construction. When necessary, Project Owner/Borrower shall also make the requisite filings of such documents with appropriate officials:
a. Construction permit and all other necessary permits for the construction of the project;
b. Copies of any required loan or financing agreements;
c. Certificates of insurance evidencing that Project Owner/Borrower and all other parties have procured all insurance required by this agreement, including builder’s risk coverage;
d. A Certificate by Project Owner/Borrower that it has examined the land on which the projects will be undertaken and made all investigations reasonably necessary for the performance of its duties under this agreement including obtaining the required zoning and environmental, historic preservation reviews;
e. The construction budget shall be approved by the City.
f. The development plan approved by the City.
g. Payment and Performance Bonds as required by local and federal law;
h. Executed copies of the construction contract between Project Owner/Borrower and the contractor, and a licensed architect for the project;
i. Submitted such other documentation including schematic drawings, plans and specifications and renderings of the project as may be reasonably requested by the City to insure the orderly development of the project;
j. Project Owner/Borrower shall take any necessary action related to any title transfers.
k. Project Owner/Borrower shall not undertake construction, reconstruction or rehabilitation on a site contaminated by hazardous materials without undertaking a Phase I environmental assessment of the site in a form, scope and substance satisfactory to the City. Project Owner/Borrower shall consult with Environmental Health regarding the necessity and scope of the environmental assessment. Project Owner/Borrower shall remediate or cause to be remediated all contaminants and hazardous materials shown by such assessment report, or test shown to exist or be present in or under the site. Such remediation shall be accomplished in accordance with the requirements of applicable environmental laws of the Kansas Department of Health and Environment, the federal Environmental Protection Agency and the
