Construction and Cost Guarantee Sample Clauses

Construction and Cost Guarantee. Lessee unconditionally guarantees to Lessor (A) the construction/performance of the Capital Projects in accordance with the Plans and all covenants and obligations of Lessee under the Lease, as hereby amended, by the Outside Date (subject only to the performance by Lessor of its obligations under this Paragraph 5) and (B) the payment without demand, and without right to reimbursement therefor, of all development, construction and related costs of the Capital Projects incurred for any reason whatsoever in excess of the Lessor's Maximum Cost.
Sample 1
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Construction and Cost Guarantee. Tenant unconditionally guarantees ------------------------------- to Landlord (i) the construction/performance of the Capital Renovation Project in accordance with the Capital Renovation Plans and all covenants and obligations of Tenant under the Lease and this Work Letter, by the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 2 and Unavoidable Delays, provided that Tenant delivers notice to Landlord of each event constituting an Unavoidable Delay within ten (10) days after such event) and (ii) the payment without demand, and without right to reimbursement therefor, of all development, construction and related costs of the Capital Renovation Project incurred for any reason whatsoever in excess of the Landlord's Maximum Cost. (b)
Sample 1
Construction and Cost Guarantee. Tenant unconditionally guarantees to Landlord (i) the construction/performance of the 2002 Project in accordance with the 2002 Project Plans and all covenants and obligations of Tenant under the Lease and this Work Letter, by the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays) and (ii) the payment without demand, and without right to reimbursement therefor, of all development, construction and related costs of the 2002 Project incurred for any reason whatsoever in excess of the Landlord's Maximum Cost.
Sample 1
Construction and Cost Guarantee. Lessee unconditionally guarantees to Lessor (i) the construction/perfonnance of the Capital Addition Project in accordance with the Capital Addition Plans and all covenants and obligations of Lessee under the Lease and this Work Letter, by the Outside Completion Date (subject only to the performance by Lessor of its obligations under this Section 2) and (ii) the payment without demand, and without right to reimbursement therefor, of all development, construction and related costs of the Capital Addition Project incurred for any reason whatsoever in excess of the Lessor's Maximum Cost.
Sample 1
Construction and Cost Guarantee. Lessee unconditionally guarantees to Lessor (A) the construction/performance of each Capital Project in substantial accordance with the Plans in a good and workmanlike manner in accordance with sound building and engineering practices and all applicable Legal Requirements and all covenants and obligations of Lessee under this Lease, by the Outside Date and (B) the payment without demand, and without right to reimbursement therefor, of all Project Costs for any approved Capital Project incurred for any reason whatsoever in excess of the Project Budget therefor or which when aggregated together with (1) all other Project Costs funded by Lessor hereunder exceed $1.5 Million or (2) all other Project Costs funded by Lessee or Lessee's Affiliates under all Facility Group Leases, exceed the Maximum Funding Amount.
Sample 1

Related to Construction and Cost Guarantee

  • Construction of Project Purchaser shall (i) perform the Final Assembly Work which is set forth in Exhibit P hereto, (ii) perform all civil works (including roads, grading, maintenance facilities, meteorological towers and other items); (iii) perform all electrical works (including collection lines, Electrical Infrastructure, Transmission Facilities, Interconnection Facilities and other items); (iv) provide and install a remote terminal unit and cabling to the Substation, meteorological towers, and communications lines for the SCADA System to the Substation; and (v) provide any other items required for the operation of the Project; and

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • Construction, Etc Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement shall be deemed to be a part hereof.

  • Construction and Severability If any provision of this Agreement shall be held invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired, and the parties undertake to implement all efforts which are necessary, desirable and sufficient to amend, supplement or substitute all and any such invalid, illegal or unenforceable provisions with enforceable and valid provisions which would produce as nearly as may be possible the result previously intended by the parties without renegotiation of any material terms and conditions stipulated herein.

  • Construction; Governing Law The headings used in this Agreement are for convenience only and shall not be deemed to constitute a part hereof. Whenever the context requires, words denoting singular shall be read to include the plural. This Agreement and the rights and obligations of the parties hereunder, shall be construed and interpreted in accordance with the laws of the State of Kansas, except to the extent that the laws of the State of Maryland apply with respect to share transactions.

  • Construction of Improvements (A) Lessee warrants and agrees that the Building will be constructed on the Leased Premises, and all other improvements to the land, including the parking lot, approaches, and service areas, will be constructed in all material respects by Lessee substantially in accordance with the plot, plans, and specifications heretofore submitted to Lessor.

  • 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.

  • Construction of the Tenant Improvements Landlord shall construct the Tenant Improvements in accordance with this exhibit and the construction contract to be executed by Landlord and its contractor(s). The construction contract for constructing the Tenant Improvements and the contractor(s) to perform the work shall be approved and/or selected, as the case may be, by Landlord at its sole and absolute discretion without the consent of Tenant.

  • Construction Contract On each Borrowing Date, the Borrower shall have certified that all conditions and requirements under the Construction Contract required to be satisfied on such Borrowing Date, including in connection with the respective payment installments to be made to the Yard on such Borrowing Date, shall have been satisfied (including, but not limited to, the Borrower’s payment to the Yard of the portion of the payment installment on the Vessel that is not being financed with proceeds of the Loans), other than those that are not materially adverse to the Lenders, it being understood that any litigation between the Yard and the Parent and/or Borrower shall be deemed to be materially adverse to the Lenders.

  • Periodic Review of Costs of Environmental Compliance In the ordinary course of its business, the Company conducts a periodic review of the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review and the amount of its established reserves, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, result in a Material Adverse Change.

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