Construction and Operation Management. Except as otherwise expressly provided herein, the Company shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including without limitation, applicable zoning, subdivision, building and fire codes). The Company’s discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) the construction and design of the Project, subject to the express terms and conditions of this Agreement;
(b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively the “Vendors”) on such terms and conditions as the Company deems appropriate; provided however, that to the extent that the City furnishes to the Company the names and identities of Jacksonville- based Vendors, including without limitation Jacksonville-based minority Vendors, and to the extent that Company has the need to enter into contracts with Vendors outside of persons employed by Company or companies affiliated with or controlled by Company or its principals, then Company agrees to include all such Jacksonville-based Vendors in the process established by Company for obtaining bids for any of the Improvements;
(c) the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Company; and
(d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as the Company deems appropriate.
Construction and Operation Management. Except as otherwise expressly provided herein, the Applicant shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project Scope, provided that the same shall, in any event, conform to and comply with the terms and conditions set forth in this Agreement, the Construction Documents, and all applicable and governing federal, state and local laws, rules, regulations and policies (including without limitation, applicable zoning, subdivision, building and fire codes). The Applicant’s discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) the construction and design of the Project Scope, subject to the express terms and conditions of this Agreement;
(b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively, the “Vendors”) on such terms and conditions as the Applicant deems appropriate; provided however, that to the extent that the City furnishes to Applicant the names and identities of Jacksonville-based vendors, including, without limitation, Jacksonville-based minority vendors, and to the extent that the Applicant has the need to enter into contracts with vendors outside of persons employed by Applicant or companies affiliated with or controlled by the Applicant, then the Applicant agrees to include all such Jacksonville- based vendors in the process established by the Applicant for obtaining bids for any of the Project Scope;
(c) the negotiation and execution of contracts, agreements, and other documents with third parties, in form and substance satisfactory to Applicant; and
(d) the preparation of such budgets, cost estimates, financial projections, statements, information and reports as Applicant deems appropriate.
Construction and Operation Management. Except as otherwise expressly provided herein, the Developer shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including without limitation, applicable zoning, subdivision, building and fire codes). The Developer’s discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) the construction and design of the Project, subject to the express terms and conditions of this Agreement;
(b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively, the “Vendors”) on such terms and conditions as the Developer deems appropriate;
(c) the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Developer; and
(d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as the Developer deems appropriate.
Construction and Operation Management. 7.1 Except as otherwise expressly provided herein or as required by the EDTF Agreement, Company shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Transportation Project, provided that the same shall, in any event, conform and comply with the terms and conditions of the EDTF Agreement and this Agreement, and all applicable federal, state, local laws, ordinances and regulations (including without limitation, applicable zoning, subdivision, building and fire codes). Company's discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) causing the construction and design of the Transportation Project, subject to the express terms and conditions of this Agreement and the EDTF Agreement;
(b) causing the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties on such terms and conditions as Company deems appropriate; and
(c) causing the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Company.
Construction and Operation Management. After establishment of the company, Foguang shall start the construction activities immediately. Xx Xxx shall cooperate with Foguang.
Construction and Operation Management. Except as otherwise expressly provided herein, DCFA shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the DCFA Improvements (as their respective obligations are set forth in this Agreement), provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including, without limitation, applicable zoning, subdivision, building and fire codes). DCFA’s discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) the construction and design of the DCFA Improvements subject to the express terms and conditions of this Agreement;
(b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively the “Vendors”) on such terms and conditions as DCFA deems appropriate in connection with or related to the DCFA Improvements;
(c) the negotiation and execution of contracts, agreements, and other documents with third parties, in form and substance satisfactory to DCFA; and
(d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as DCFA deems appropriate.
Construction and Operation Management. Except as otherwise expressly provided herein, the Developer and each applicable Developer Subsidiary shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement and all applicable state and local laws, ordinances and regulations (including without limitation, applicable zoning, building and fire codes). Except as otherwise expressly provided herein with respect to the Infrastructure Improvements and/or Live! Component to be owned by the City, each such Person’s (i.e., Developer’s and the applicable Developer Subsidiary’s) discretion, control and authority with respect thereto shall include, without limitation, the following matters:
(a) The construction and design of the Project (or its applicable Developer Improvement), subject to the express terms and conditions of this Agreement;
(b) The selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively the “Vendors”) on such terms and conditions as such entity deems appropriate; notwithstanding the foregoing Developer and Developer's Subsidiaries will take the necessary steps to comply with the City's Small and Emerging Business program requirement of twenty percent (20%) participation by Small and Emerging Businesses on City owned and funded projects as more particularly set forth in Section 13.5 hereof;
(c) The negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to such entity; and
(d) The preparation of such budgets, cost estimates, financial projections, statements, information, and reports as such entity deems appropriate.
Construction and Operation Management. Except as otherwise expressly provided herein, the Developer shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including without
(a) the construction and design of the Project, subject to the express terms and conditions of this Agreement;
(b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively, the “Vendors”) on such terms and conditions as the Developer deems appropriate;
(c) the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Developer; and
(d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as the Developer deems appropriate.
