Construction and Development. The Credit Parties shall not engage in construction and development projects in which the total project costs of all such concurrent construction and development projects exceed, in the aggregate at any one time, 15% of Total Assets (it being understood and agreed for purposes of this Section 8.12 that a project shall be considered under construction and/or development until a certificate of occupancy therefore (or other similar certificate) shall have been issued by the applicable Governmental Authority).
Construction and Development. The Borrower and its Subsidiaries will not engage in construction and development projects in which the total project costs of all such concurrent construction and development projects exceed, in the aggregate at any one time, ten percent (10%) of the book value of consolidated assets of the Borrower and its Subsidiaries (it being understood and agreed for purposes of this Section that a project shall be considered under construction and/or development until a certificate of occupancy therefor, or other similar certificate, shall have been issued by appropriate governmental authorities).
Construction and Development. The Developer covenants and agrees to extend, develop and construct the Commuter Trails and Subsidiary Trails to a standard consistent with the typical cross sections in the Master Infrastructure and Servicing Report Drawings.
Construction and Development. No Credit Party will, nor will it permit any member of the Consolidated Group to, at any time (a) commit to, commence or continue or (b) make an Investment in any Combined Party 56 62 that is committed to, commencing or continuing, construction of any improvements on any undeveloped or partially developed Property or Properties, if the sum, without duplication, of (i) with respect to clause (a) above, the aggregate cost to date of all such construction, together with the aggregate estimated cost to complete such construction, plus (ii) with respect to clause (b) above, the aggregate Investments to date, together with the required or estimated future Investments of members of the Consolidated Group in all such Combined Parties, would exceed 10% of the Aggregate Adjusted Current Value. Furthermore, if the limitation set forth in this Section 8.12 shall cause a Combined Party to cease construction of or development on a Borrowing Base Development Property, such Development Property shall be excluded from the Borrowing Base and the Borrower shall provide the Administrative Agent with a Borrowing Base Certificate reflecting such exclusion.
Construction and Development. 5.1. The Promoters shall, subject to the terms hereof, construct the Building in accordance with the Approvals and or, plans and amendments thereto as approved by the relevant Authorities.
5.2. The Purchaser is aware that while the Promoters has obtained some of the Approvals, certain other Approvals (or amendments to current Approvals) may be received from time to time. Having regard to the above position, the Purchaser has entered into this Agreement without any objection or demur and agrees not to raise and waives his right to raise any objection, in that regard.
5.3. The Parties agree that while the Promoters may make amendments to the plans or layouts of the Building and the Project as required for the execution of the Project or as may be directed by the competent Authorities. This may include any change wherein the Promoters, if permitted by the relevant Authorities, transferring the construction permissible on the Larger Property to any other property or transferring to the Larger Property the construction permissible on any other property at any time prior to conveyance of the Larger Property to the Federation / Ultimate Organisation. The Purchaser gives his consent for such changes provided such changes shall not result in change in location of the Multiplated Dwelling House (with respect to its direction on a given floor), lowering of the Multiplated Dwelling House (with respect to its height above ground) or reduction in the Carpet Area more than 7 per cent of the Carpet Area. In case a change is proposed which adversely impact any of the aforesaid factors, separate written consent shall be obtained from the Purchaser.
5.4. The Purchaser is aware and agrees that the Promoters shall allow various balcony / verandah / open terraces (including the one located at the top of the Building) to be used, partly or wholly, by one (or more) Multiplated Dwelling House purchaser(s) in the Building and such Multiplated Dwelling House purchaser(s) shall have exclusive right to use the said areas as per the terms of the arrangement between the Promoters and the said Multiplated Dwelling House purchaser(s). The Purchaser agrees not to raise any objection or make any claims in that regard and the claims in that regard shall be deemed to have been waived. In terms of the above, the Promoters shall be at absolute liberty to allot / assign the said right to such person/s in the manner as the Promoters may deem fit and proper.
Construction and Development. 64 6.22 Limitation on Certain Agreements............................................ 64 ARTICLE VII ............................................................................ 64
Construction and Development. The Company will be entering into contracts through competitive bids and negotiated bids. In some instances, the Company will be entering into negotiated contracts, negotiated subcontracts and/or joint ventures. In order to achieve the Goals, the Company may contract with (a) M/WBE firms, (b) majority contractors who joint venture with M/WBE firms, (c) majority contractors who subcontract with M/WBE firms. Following are the procedures the Company shall employ to achieve the Goals:
A. Contracts which are Competitively Bid.
i) Prior to bidding, in an effort to maximize opportunities for M/WBE firms, the Company and City will review each bid package for its proposed scope of work and identify potential M/WBE vendors who are qualified to perform the stated scope.
ii) With respect to any bids let for the Project, the Company or the General Contractor, as the case may be, will publish notice of the request for proposals in such publications as the City Compliance Officer and the Company Compliance Director may mutually agree, no less than 21 days prior to the date the bids are due, except where the contracts are awarded on an emergency basis in the discretion of the Company and provided that the Company shall notify the City’s Contract Compliance Officer who may make suggestions of contractors who could promptly respond. For purposes of this Compliance Plan an emergency shall mean an unforeseen combination of circumstances that calls for immediate action.
iii) The Company, in conjunction with the City, shall develop a process or procedure which allows for the Company and the City to review and evaluate M/WBE participation submittals concurrent with the bid evaluations conducted by the Company’s General Contractor.
iv) The Company or the General Contractor, as the case may be, will include in all contract solicitations a summary of the Compliance Plan.
v) Bids submitted independently by M/WBE firms must include a copy of its Certification for the Company to receive utilization credit in achieving the Goals through the use of such firms. Bids submitted by majority contractors, for which contractors the Company proposes to receive utilization credit in achieving its Goals, must include a completed and executed Utilization Form, which shall be in a form acceptable to Company and the City (the “Utilization Form”).
vi) The basis upon which a contractor is selected will include, but not be limited to, scheduled amount of M/WBE participation, qualifications, price, qual...
Construction and Development. DWAF shall consult the USER, and all other users, through the Co-operative Governance Structure before it embarks on any significant future augmentation of the System. Before deciding to implement any significant augmentation option to meet future water demands from The System, DWAF shall undertake a comprehensive assessment of all feasible supply and demand options. DWAF shall take into consideration international best practice when considering options. The USER shall provide all information and assistance to DWAF as may reasonably be required or expected. DWAF shall be entitled to collect water use charges for the construction and development of the infrastructure of the System for which DWAF is responsible as more fully referred to in clause 21.1 and Annexure [E]: Water Use Charges. No connection may be made by the USER to the DWAF works unless authorised by DWAF and subject to such conditions as DWAF may impose. DWAF shall not be liable for any loss or damage in the USER’s system as a result of the USER connection to DWAF’s works. DWAF shall be responsible for the operation and maintenance of the infrastructure of the System for which DWAF is responsible, except in cases where the operation and maintenance of a System has been delegated by DWAF to the USER in terms of an agency agreement. DWAF shall operate and maintain the System according to best practice that is in an integrated, cost effective, consultative and efficient manner, taking into consideration all water users. DWAF shall be entitled to collect water use charges for the operation and maintenance of the infrastructure of the System for which DWAF is responsible (as more fully referred to in clause 11, 21.1 and Annexure [E]: Water Use Charges). The USER shall be responsible for the operation and maintenance of: all its own works including those works required to abstract water at abstraction points; and the infrastructure of a System delegated to the USER by DWAF as contemplated in Clause 20.1.
Construction and Development. The steepness of the surrounding terrain in Port Xxxxxx minimizes the amount of level ground that is available (City of Xxxxxx, 1992). Consequently, further development will occur on habitat that is already limited, including the coastal zone. Development results in a direct loss of habitat through clearing or covering (e.g., roads, docks, and nearshore facilities). Runoff patterns can also change through restructuring of the land (e.g., roads, berms, or dikes) or by creating surfaces that increase stormwater flow (e.g., paved parking lots). Increased sediment load or other debris in the runoff will increase turbidity and sediment deposition within the Port. Construction is frequent in the summer, especially at industrial sites such as the Valdez Marine Terminal. Development ranges from small scale residential, such as in the Robe Lake and Robe River Subdivisions, to large scale industrial, such as the projected construction of a Liquid Natural Gas (LNG) plant and marine terminal in Xxxxxxxx Bay. Such development in the western half of the Port would require an extension of the coastal road system. The city has zoned land for light industrial development (mostly gravel extraction and pipe storage) and is considering expanding the boat harbor as well as altering its structure to improve flushing (City of Xxxxxx, 1992). A current proposal involves creating a channel through the end of the boat harbor into Harbor Cove, adjacent to the Duck Flats. The city is considering using a valve system in this channel to prevent backwash of contaminants from the boat harbor into the Duck Flats xxxxx (pers. comm. Xxxx Xxxxxx, City of Xxxxxx, 1995).
Construction and Development. The CUSTOMER fully acknowledges that MARINA will be going through heavy construction and development. It is possible that CUSOMER may have limited access to his or her vessel during these periods of time. CUSTOMER recognizes that he or she has performed due diligence to fully understand the future development that may cause limited access along with other possible inconveniences. Under no circumstances will CUSTOMER be reimbursed for rent based on said development.
