Construction Contract; Assignment Sample Clauses

Construction Contract; Assignment. Administrative Agent shall have received, upon request, a copy of each Major Construction Document entered into by Construction Agent or by Construction Agent's general contractor, as the case may be. Prior to the first Advance under this Section 3.3, Administrative Agent shall receive an assignment from the Construction Agent in favor of Lessor of the general construction contract (if any) relating to such Facility and the Permits related thereto, in the form required by the Construction Agency Agreement, and either (i) attached thereto is the contractor's written consent to such assignment, in the form required by the Construction Agency Agreement, or (ii) included in such assignment is a certification of the Construction Agent that the applicable general construction contract includes a provision in substance identical to such consent.
Sample 1
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Construction Contract; Assignment. Lessor and/or Agent shall have --------------------------------- received, upon request, a copy of the general construction contract (if any) and a copy of each Construction Document entered into by or on behalf of Construction Agent or by Construction Agent's general contractor, as the case may be. Prior to the first Advance under this Section with respect to the New Facility, Agent shall receive an assignment from Lessee and Sublessee in favor of Lessor of the general construction contract (if any) relating to the New Facility and the Permits related thereto, in the form required by the Construction Agency Agreement, and either (i) attached thereto is the contractor's written consent to such assignment, in the form required by the Construction Agency Agreement, or (ii) included in such assignment is a certification of Lessee and Sublessee that the applicable Construction Documents include a provision in substance identical to such consent.
Sample 1
Construction Contract; Assignment the assignment by Cal Dive to the Agent of the contract for the refurbishment of the SEA SORCERESS between Cal Dive and Bender Shipyards or a successor shipyard in form and substance satisfaxxxxx to the Agent. Contract Right -- any right of a Person to payment under a contract for the sale or lease of goods or the rendering of services, which right is at the time not yet earned by performance. Credit Enhancements -- LC Guaranties and Letters of Credit issued by the Issuing Bank from time to time for Borrower's account in accordance with Section 2.5. Dated Assets -- as defined in Section 2.8. Dated Liabilities -- as defined in Section 2.8. Default -- an event or condition the occurrence of which would, with the lapse of time or the giving of notice, or both, become an Event of Default. Default Rate -- as defined in Section 3.1(b). Defaulting Lender -- as defined in Section 2.9. Distressed Auction Value -- of any Vessel, shall have the meaning customarily attributed to it in the equipment appraisal industry at the time of the valuation, less the estimated marshaling, reconditioning and sale expenses designed to maximize the resale value of such Vessel for a sale within six (6) months. The appraisal firm's valuation shall be made with or without physical inspection at the Agent's discretion. Distribution -- in respect of any corporation means and includes: (a) the payment of any dividends or other distributions on capital stock of the corporation (except distributions in such stock) and (b) the redemption or acquisition of its Securities unless made contemporaneously from the net proceeds of the sale of Securities; provided, however, that the acquisition of Securities by Cal Dive or Canyon arising out of the completion of the acquisition of Canyon by Cal Dive shall not be considered a Distribution. Dominion Account -- a special account of Agent established by Borrower pursuant to this Agreement at a bank selected by Borrower, but acceptable to Agent, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. EBIT -- means, for any period, on a Consolidated basis, the sum of the amounts for such period, without duplication, of: (i) Net Income, plus (ii) charges against income for foreign, federal, state, and local taxes, to the extent deducted in computing Net Income, plus (iii) Interest Expense, plus (iv) extraordinary or non-recurring non-cash losses to the extent deducted in computing Net Income, minus (v) extraordinary o...
Sample 1
Construction Contract; Assignment. Agent shall have received, upon request, a copy of the general construction contract (if any) and a copy of each Major Construction Document entered into by Construction Agent or by Construction Agent's general contractor, as the case may be. Prior to the first Advance under this Section 3.3 with respect to any Facility, Agent shall receive an assignment from Lessee in favor of Lessor of the general construction contract (if any) relating to such Facility and the Permits related thereto, in the form required by the Construction Agency Agreement, and either (i) attached thereto is the contractor's written consent to such assignment, in the form required by the Construction Agency Agreement, or (ii) included in such assignment is a certification of Lessee that the applicable general construction contract includes a provision in substance identical to such consent.
Sample 1

Related to Construction Contract; Assignment

  • Contract Assignment You cannot assign this contract to another person nor sublet any part of the premises.

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  • Assignment Amendments Waiver and Contract Complete 032620-FDX

  • Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

  • Contract Amendment A. Contract Exhibit A, Scope of Work, is hereby deleted and replaced in its entirety with the attached Exhibit A, Scope of Work, which is incorporated into the Contract by reference herein. B. Contract Exhibit B, Additional Special Contract Conditions, is hereby deleted in its entirety and replaced with the attached Exhibit B, Additional Special Contract Conditions, which is incorporated into the ACS by reference herein. C. Contract Exhibit I, PUR 1355: Foreign Country of Concern Attestation, is hereby incorporated in its entirety to the ACS by reference herein.

  • Work Assignment 8.1 The jurisdiction of the Unions shall be that jurisdiction established by Agreements between International Unions claiming the work or Decisions of Record recognized by the AFL-CIO for the various classifications and the character of work performed, having regard for the special requirements of thermal, nuclear or hydraulic generation and transmission and transformation construction. An Agreement or Decision of Record is one that is published by the Building and Construction Trades Department, AFL-CIO (Agreement and Decisions Rendered Affecting the Building Industry). Where no Decision or Agreement applies, the Employer agrees to consider evidence of established practices within the industry when making jurisdictional assignments. (a) A markup process will be utilized when an Employer intends to perform work on a project site*. The purpose of this markup process is to indicate to the Union the work which is planned to be carried out by the Employer in order to minimize the potential for jurisdictional disputes. (b) When work is to be performed on a project site and it meets the following criteria: same employer, same work, same project site, the markup process will not be required. This procedure shall not preclude a Union’s right to contest previously disputed work. * For the purposes of this Article, Nanticoke, Lambton, Lakeview/Xxxxx, BNPD, Pickering, Darlington, Lines and Stations and the 5 Electricity Production Zones are each considered individual project sites. In the Electricity Production Zones when work falls within this criteria the EPSCA Office will send out a “Notification of Work” along with a copy of the original minutes of xxxx-up meeting(s) to the Local Union prior to work commencing. This procedure shall not preclude the Union’s right to contest previously assigned work, if the work is in a Local Union jurisdiction other than the one it was marked up in. (c) When an Employer has work that is less than 3 weeks duration and there are ten (10) or fewer employees covered by EPSCA Collective Agreements employed on this specific work, the Union and Union affiliates will be notified of the scope of work and the Employer’s proposed work assignments. The Unions will have two (2) weeks from the date of notification to submit jurisdictional claims and supporting evidence to the Employer for consideration. The Employer will notify the Union of the final work assignments prior to the commencement of the work. (d) All work that does not meet the criteria set out in clauses 8.2(b) or 8.2(c) will be reviewed and assigned at a markup meeting. (e) EPSCA will provide written notice to the Union as far in advance as possible of markup meetings. The Unions may attend these markup meetings, and every effort will be made to settle questions of jurisdiction before the work is expected to commence. (f) The Employer who has the responsibility for the work shall make a proposed assignment of the work involved. The Employer shall be responsible for providing copies of proposed assignments to the Union at the markup meeting. The Employer will specify a reasonable time limit for the Unions involved to submit evidence of their claims. The Employer will evaluate all evidence submitted and make a final assignment of the work involved. This final assignment will be in accordance with the procedural rules established by the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. The Employer will advise the Unions of the final assignments prior to the work commencing. (g) The EPSCA representative will record the proposed assignments and jurisdictional claims and forward a copy of them within fifteen (15) working days to the Union. (h) The parties recognize that circumstances may arise, particularly with discovery and emergency work, where the process set out above may not be practical or possible, however reasonable effort will be made by the Employer to adhere to the appropriate trade jurisdiction.

  • Lease Assignment To the best of Seller's knowledge, the ------------------ Tenant has not assigned its interest in the Lease or sublet any portion of the premises leased to the Tenant under the Lease.

  • Deed; Xxxx of Sale; Assignment To the extent required and permitted by applicable law, this Agreement shall also constitute a “deed,” “xxxx of sale” or “assignment” of the assets and interests referenced herein.

  • Shift Assignment Should the University elect to establish a shift on any other schedule than the regular day shift (Monday through Friday) or to assign employees to work on any such shift, the employee(s) with the most seniority in the classification affected or to be assigned on such shift shall have preference in moving to such shift. If an insufficient number of employees in the classification elect to move to such shift, then the employee(s) with the least seniority in the classification shall be assigned to such shift. If positions or shifts are reduced or eliminated or movement of personnel to other shifts is required, then the seniority of the affected employee will prevail in the selection of shift, provided the affected employee can do the required work. Such shift preference is only applicable within the employee's classification.

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