Construction and Operations. Tenant, at Tenant’s sole cost and expense, in accordance with all applicable Requirements and Article 5 of this Lease, shall install and furnish in the Club one or more private dining rooms and first-class restrooms consistent with the style and ambiance of the Music Hall. Tenant shall cause its architects and engineers to specify and use first-class materials, including such acoustical material and design standards as may be available to insulate the walls, floor and ceiling of the Club so that tenants of 1270 Avenue of the Americas are protected from noise generated by the Club and a first-class, state of the art air recirculating system to insure that smoke and/or cooking odors generated by the Club are ventilated out of 1270 Avenue of the Americas and do not emanate beyond the Club to the rest of 1270 Avenue of the Americas or the Music Hall or the Buildings in the Center. Tenant shall cause all ventilating hoods over ranges and cooking equipment and all duct work within the 1270 Space and to the main vertical risers to be regularly cleaned in a manner reasonably satisfactory to Landlord and shall keep all plumbing and sanitary systems and installations in the 1270 Space in first-class operating condition. Tenant shall not prepare any food or beverages in the Club for sale or distribution outside of the Club or the Music Hall by Tenant or anyone else. Tenant’s operation of the Club shall not encumber or obstruct, or permit to be encumbered or obstructed, the portion of 1270 Avenue of the Americas or of the sidewalk or street adjacent to or abutting the street entrance to the Club. Except as otherwise expressly provided in this Lease, all access to the 1270 Space shall be through the Music Hall except for deliveries to the Club which shall be through the freight elevators serving 1270 Avenue of the Americas. Tenant shall not use any cart, wagon or similar conveyance for the sale and/or delivery of coffee or any other items inside or outside of 1270 Avenue of the Americas.
Construction and Operations. 5.1 The SPO has all the Approvals which are required to carry out its obligations under this Agreement. The SPO will be the legal and beneficial owner of the Plant. It will develop, finance, design, procure, maintain and install the Plant at its own cost and risk in accordance with the Applicable Laws and as per prudent industry practice. The SPO shall install and maintain metering equipment at the Delivery Point in accordance with Applicable Laws. SPO shall also take all further Approvals whatsoever which may be required after the execution of this Agreement at its own end only. Customer will however provide all necessary support in terms of any kind of documentations as and when required for taking any such kind of approvals) Notwithstanding anything contained in this Agreement, the Consumer shall have no obligations whatsoever to take any Approval and all the compliances shall be done by SPO alone. Customer acknowledges that it has no ownership interest in the Plant. The SPO shall be solely responsible for ensuring that the Plant is commissioned in accordance with this Agreement and Best Utility Industry Practices at its own cost, risk and expense and ensuring safety of the employees and assets of the Consumer and compensate for any loss /damage/death /injury to the employee or property of the Consumer or if there is any non compliance with Applicable Law and any action is taken due to lack of Approvals.
Construction and Operations. The TIFIA Lender shall have the right, in its sole discretion, to monitor (or direct its agents, including FTA with respect to the Project, to monitor) the construction of the Project and the operation and maintenance of the Dulles Toll Road, and to require reporting on the construction of the Project and the operation and maintenance of the Dulles Toll Road and to provide copies of any contracts relating to the construction of the Project and the operation, maintenance and safety services for the Dulles Toll Road as may be required from time to time; provided, that the TIFIA Lender’s monitoring of the Project shall discontinue after the Project has been transferred to and accepted by WMATA and the Borrower has provided evidence to the TIFIA Lender’s satisfaction that all warranties have either expired or been transferred to WMATA and all claims under the Construction Contracts have been resolved (including the expiration of any applicable appeal periods). The Borrower agrees to cooperate in good faith with the TIFIA Lender in the conduct of such monitoring by promptly providing the TIFIA Lender with such reports, documentation, or other information as shall be requested by the TIFIA Lender. In the event that the TIFIA Lender retains a financial oversight advisor under contract with the TIFIA Lender, which decision shall be within the sole discretion of the TIFIA Lender, to conduct monitoring under this Section, the full cost of such monitoring shall be borne by the Borrower. Any costs incurred by the TIFIA Lender for such monitoring shall be promptly reimbursed by the Borrower upon demand therefor in the form of an invoice reasonably acceptable to the Borrower.
Construction and Operations. From the date of this Agreement until --------------------------- Closing, MPC shall cause the Pipeline to be constructed and operated by West Shore under the terms of and pursuant to that certain Pipeline Construction and Operating Agreement between the Company and MPC dated October 1, 1996 ("Construction and Operating Agreement"), and MPC will not take any action to terminate or cancel the Construction and Operating Agreement except in accordance with the terms thereof.
Construction and Operations. In connection with the construction and operation of the restaurant, Franchisee agrees to fulfill the requirements, to perform the obligations and to observe the restrictions stated in this Section 7(b).
Construction and Operations. Depending on the build alternative being considered, between $25 million and $132 million would be added directly to the local economy through construction-related employment and local purchases of construction materials and equipment. These expenditures would generate additional local spending and government revenues as the recipients spend and save. These direct and secondary effects could increase local employment by more than 600 jobs in addition to those jobs created by local construction hiring. State and local government tax revenues could increase by as much as $2 million during construction of one of the bridge alternatives. In addition, operation of a bridge could add from about $90 thousand to $140 thousand in additional economic activity to the local economy annually. Because expanded ferry service has a higher operating cost than a bridge, the annual additional increment to local economic activity is larger and estimated to be about $3.8 million. The amount of ferry tolls paid by local residents would have to be subtracted from this increment to determine the net gain in regional economic activity.
Construction and Operations. In connection with the construction and operation of the restaurant, Xxxxxxxxxx agrees to fulfill the requirements, to perform the obligations and to observe the restrictions stated in this Section 7(b).
Construction and Operations
