Construction and Capital Investment Sample Clauses

Construction and Capital Investment. (a) Concessionaire Tenant shall make a minimum initial Capital Investment in each concession location comprising the Concession Premises as stated in Exhibit D attached hereto and hereby incorporated by reference. Concessionaire Tenant’s failure to spend the entire amount stated in Exhibit D shall result in Concessionaire Tenant paying City double the amount not expended. Concessionaire Tenant shall also invest a minimum of $50.00 per square foot in the mid-term refurbishment of each of the concession locations comprising the Concession Premises during the midpoint year between the Package Completion Date and the Expiration Date as defined in Section 7.12. The cost of inventory, smallwares, soft costs, costs of doing business, and lost profits shall not be included in the calculation of Capital Investment and are not recoverable upon expiration, cancellation, or termination of the Lease. Later maintenance and ongoing refurbishment efforts shall be done as reasonably deemed necessary by City; however, work subsequent to that described in the first sentence hereof shall not be considered Capital Investment as defined in this Section. The annual minimum amount for refurbishment and replacement beginning with Contract Year two shall be at least one-half of one percent (0.5%) of the prior year’s gross revenues. Annual refurbishment and replacement shall include at least repair and replacement related to ordinary wear and tear of facilities and equipment. Sample Document
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Construction and Capital Investment. 64 Section 9.01 Construction by Concessionaire 64 Section 9.02 Design and Construction Standards 64 Section 9.03 Initial Capital Investment 64 Section 9.04 Development Schedule 65 Section 9.05 Submittal and Approval of Plans 65 A. Submittal of Plans 65 B. Disclaimer of Compliance with Laws or Codes 66 C. Approvals Extend to Architectural and Aesthetic Matters 66 D. Design and Permitting 66 Section 9.06 Construction 66 Section 9.07 Completion of Construction 67 Section 9.08 Title to Improvements 68 Section 9.09 Signage 68 Section 9.10 Annual Refurbishment 68 ARTICLE X. DISCLAIMER OF LIENS 69 ARTICLE XI. MAINTENANCE UTILITES AND REPAIRS 69 Section 11.01 Concessionaire’s Maintenance Obligations 69
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Construction and Capital Investment. SECTION 10.
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Construction and Capital Investment. If Tenant at any time or times during the term of this Lease shall construct any buildings, structures, or improvements on the Premises, or any part or parts thereof, the same shall be constructed without cost or expense to Landlord, in accordance with the requirements of all laws, ordinances, codes, orders, rules, and regulations of all governmental authorities having jurisdiction over the Premises. All such buildings, structures or improvements shall be constructed by or on behalf of Tenant and shall be the sole and exclusive property of Tenant. Subject to Section 2.3, Tenant shall initially construct the following:
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Construction and Capital Investment 
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Related to Construction and Capital Investment

  • PIPE Investment (a) SPAC shall take, or use its reasonable best efforts to cause to be taken, all actions required, necessary or that it otherwise deems to be proper or advisable to obtain the PIPE Investment and consummate the transactions contemplated by the Subscription Agreements on the terms described therein, including using its commercially reasonable efforts to (x) comply with its obligations under the Subscription Agreements, (y) in the event that all conditions in the Subscription Agreements have been satisfied (other than conditions that SPAC controls the satisfaction of and other than those conditions that by their nature are to be satisfied at Closing), consummate the transactions contemplated by the Subscription Agreements at or prior to Closing; and (z) enforce its rights under the Subscription Agreements in the event that all conditions in the Subscription Agreements have been satisfied (other than conditions that SPAC controls the satisfaction of and other than those conditions that by their nature are to be satisfied at Closing), to cause the applicable PIPE Investor to contribute to SPAC the applicable portion of the PIPE Investment Amount set forth in the applicable Subscription Agreement at or prior to Closing. SPAC shall give the Parent prompt written notice upon (i) becoming aware of any breach or default by any party to any of the Subscription Agreements or any termination (or purported termination) of any of the Subscription Agreements, (ii) the receipt of any written notice or other written communication from any party to any Subscription Agreement with respect to any actual, potential or claimed expiration, lapse, withdrawal, breach, default, termination or repudiation by any party to any Subscription Agreement or any provisions of any Subscription Agreement and (iii) if SPAC does not expect to receive all or any portion of the PIPE Investment Amount on the terms, in the manner or from the sources contemplated by the Subscription Agreements. SPAC shall not permit, without the prior written consent of the Parent (such consent not to be unreasonably withheld, conditioned or delayed), any amendment or modification to be made to, or any waiver of any provision or remedy under, or any replacements of, the Subscription Agreements.

  • Investment Management If and to the extent requested by the Advisor, the Sub-Advisor shall, subject to the supervision of the Advisor, manage all or a portion of the investments of the Portfolio in accordance with the investment objective, policies and limitations provided in the Portfolio's Prospectus or other governing instruments, as amended from time to time, the Investment Company Act of 1940 (the "1940 Act") and rules thereunder, as amended from time to time, and such other limitations as the Trust or Advisor may impose with respect to the Portfolio by notice to the Sub-Advisor. With respect to the portion of the investments of the Portfolio under its management, the Sub-Advisor is authorized to make investment decisions on behalf of the Portfolio with regard to any stock, bond, other security or investment instrument, and to place orders for the purchase and sale of such securities through such broker-dealers as the Sub-Advisor may select. The Sub-Advisor may also be authorized, but only to the extent such duties are delegated in writing by the Advisor, to provide additional investment management services to the Portfolio, including but not limited to services such as managing foreign currency investments, purchasing and selling or writing futures and options contracts, borrowing money or lending securities on behalf of the Portfolio. All investment management and any other activities of the Sub-Advisor shall at all times be subject to the control and direction of the Advisor and the Trust's Board of Trustees.

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