Construction Commencement. Anything in this Agreement to the contrary notwithstanding, Company shall not be obligated to proceed with any construction in connection with the Company Work unless and until all of the following conditions have been satisfied: (i) Customer has delivered, or arranged to deliver, and Company has received, all real property rights necessary for Company to complete the Company Work, including, without limitation, the New Facilities Property Rights, (ii) all Required Approvals for the Company Work (including, without limitation, the New Facilities Approvals, the Existing Facilities Approvals and the Land Use Approvals) have been received, are in form and substance satisfactory to the Parties, have become final and non-appealable and commencement of such construction is permitted under the terms and conditions of such Required Approvals, (iii) all outages necessary to commence and complete such Company Work have been approved and can be taken, and (iv) all Company Reimbursable Costs invoiced to date have been paid in full to Company.
Appears in 8 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Construction Commencement. Anything in this Agreement to the contrary notwithstanding, Company shall not be obligated to proceed with any construction in connection with the Company Work unless and until all of the following conditions have been satisfied:
(i) Customer has delivered, or arranged to deliver, and Company has received, all real property rights necessary for Company to complete the Company Work, including, without limitation, the New Retained Facilities Property Rights,
(ii) all Required Approvals for the Company Work (including, without limitation, the New Retained Facilities Approvals, the Existing Removed Facilities Approvals and the Land Use Approvals) have been received, are in form and substance satisfactory to the Parties, have become final and non-appealable and commencement of such construction is permitted under the terms and conditions of such Required Approvals,
(iii) all outages necessary to commence and complete such Company Work have been approved and can be taken, and
(iviii) all Company Reimbursable Costs invoiced to date have been paid in full to Company.
Appears in 7 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Construction Commencement. Anything in this Agreement to the contrary notwithstanding, Company shall not be obligated to proceed with any construction in connection with the Company Work unless and until all of the following conditions have been satisfied:
(i) Customer Developer has delivered, or arranged to deliver, and Company has received, all real property rights necessary for Company to complete the Company Work, including, without limitation, the New Facilities Line Property Rights,
(ii) all Required Approvals for the Company Work (including, without limitation, the New Facilities Line Approvals, the Existing Facilities Line Approvals and the Land Use Approvals) have been received, are in form and substance satisfactory to the Parties, have become final and non-appealable and commencement of such construction is permitted under the terms and conditions of such Required Approvals,, and
(iii) all outages necessary to commence the Construction Commencement Prepayment and complete such Company Work have been approved and can be taken, and
(iv) all Company Reimbursable Costs invoiced and due to date have been paid in full to Company.
Appears in 5 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement
Construction Commencement. Anything in this Agreement to the contrary notwithstanding, Company shall not be obligated to proceed with construction for any construction in connection with portion or component of the Company Work unless and until all of the following conditions have been satisfied:
(i) Customer Developer has delivered, or arranged to deliver, and Company has received, all real property rights necessary for Company to complete such portion or component of the Company Work, including, without limitation, the all New Facilities Property RightsRights required for such portion or component,
(ii) all Required Approvals for the Company Work from Governmental Authorities having jurisdiction with respect to this Agreement or the Company Work (including, without limitation, the New Facilities Approvals, the Existing Facilities Company Approvals and the Land Use and Permitting Approvals) have been received, are in form and substance satisfactory to the PartiesCompany, if received from any such Governmental Authorities, have become final and non-appealable under the relevant governing law and regulations, and commencement of such construction is permitted under the terms and conditions of such Required Approvals,
, (iii) all outages necessary to commence and complete such Company Work have been approved and can be taken, and
(iv) all Company Reimbursable Costs invoiced to date have been paid in full to Company.
Appears in 5 contracts
Samples: Cra, Service Agreement, Cost Reimbursement Agreement
Construction Commencement. Anything in this Agreement to the contrary notwithstanding, Company shall not be obligated to proceed with any construction in connection with the Company Work unless and until all of the following conditions have been satisfied:
(i) Customer has delivered, or arranged to deliver, and Company has received, all real property rights necessary for Company to complete the Company Work, including, without limitation, the New Facilities Property Rights,
(ii) all Required Approvals for the Company Work (including, without limitation, the New Facilities Approvals, the Existing Facilities Approvals and the Land Use Approvals) have been received, are in form and substance satisfactory to the Parties, have become final and non-appealable and commencement of such construction is permitted under the terms and conditions of such Required Approvals,
, (iii) all outages necessary to commence and complete such Company Work have been approved and can be taken, and
(iv) all Company Reimbursable Costs invoiced to date have been paid in full to Company, and (iv) Company has received the Construction Commencement Notice from Customer.
Appears in 4 contracts
Samples: Cost Reimbursement Agreement, Cost Reimbursement Agreement, Cost Reimbursement Agreement