Conditions to Construction Sample Clauses

Conditions to Construction. Except in connection with costs associated with the study described under Section 5.8.2, the open season conducted pursuant to Section 5.8.3, the preparation of an application for a FERC Certificate pursuant to Section 5.8.4, the filing of the FERC Certificate pursuant to Section 5.8.4, or with the approval of the Board, the Company shall not incur any material costs or obligations with respect to a Construction Capital Opportunity until (a) the necessary Permits for the Construction Capital Opportunity have been obtained, (b) all conditions precedent (other than any conditions requiring that the Members approve construction of the Construction Capital Opportunity or requiring the Construction Capital Opportunity to be constructed) under any precedent agreements with respect to any applicable gas transportation service agreements for the Construction Capital Opportunity have been satisfied, (c) the estimated cost of the Construction Capital Opportunity has been determined by the Board, and (d) the Board has approved the commitment to construct the Construction Capital Opportunity as provided in Section 5.8.3. For purposes hereof "material costs" shall not include the costs of environmental studies required for a complete application for a FERC Certificate.
Sample 1
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Conditions to Construction. Advance Dates for Construction --------------------------------------------------------- Costs. The obligation of Lessor and each Certificate Purchaser to perform its ----- obligations on each Advance Date for the payment of Construction Costs shall be subject to the fulfillment to the satisfaction of (including, with respect to writings, such writings being in form and substance reasonably satisfactory to the addressee or beneficiary thereof), or the waiver in writing by, Lessor and each Certificate Purchaser of the conditions precedent set forth in this Section ------- 3.2 on or before such Advance Date (except that the obligation of any party --- hereto shall not be subject to the performance or compliance of such party or of any of such party's Affiliates).
Sample 1
Conditions to Construction. Except with the approval of a Supermajority Interest, the Company shall not incur any material costs or obligations with respect to the Construction Capital Opportunity or be obligated under any Financing Commitment relating to the Construction Capital Opportunity until (i) the Necessary Regulatory Approvals for the Construction Capital Opportunity have been obtained, (ii) any Financing Commitment for the Construction Capital Opportunity has been negotiated and is ready for acceptance by the Company (with the Management Committee to decide whether such Financing Commitment utilizes a Financing Entity), (iii) all conditions precedent (other than any conditions requiring that the Members approve construction of the Construction Capital Opportunity or requiring the Construction Capital Opportunity to be constructed) under any precedent agreements with respect to any applicable Gas Transportation Service Agreements for the Construction Capital Opportunity have been satisfied, (iv) the Estimated Cost of the Construction Capital Opportunity has been determined by GMOS, based on bids from two or more general contractors, and (v) the Management Committee has approved the commitment to construct the Construction Capital Opportunity as provided in Section 7.02(e). 41
Sample 1

Related to Conditions to Construction

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • 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 internal laws of the State of New York.

  • 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.

  • 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.

  • 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.

  • Governing Law; No Construction Against Drafter This Agreement shall be deemed to be made in the State of Delaware, and the validity, interpretation, construction, and performance of this Agreement in all respects shall be governed by the laws of the State of Delaware without regard to its principles of conflicts of law. No provision of this Agreement or any related document will be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • 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.

  • Laws Applicable to Construction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware as applied to contracts executed in and performed wholly within the State of Delaware, without reference to principles of conflict of laws.

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