Construction of Facility Sample Clauses

Construction of Facility. Seller shall construct the Facility as described in Exhibit A, in accordance with Good Utility Practice, the manufacturer’s guidelines for all material components of the Facility and all requirements of the ISO-NE Rules and ISO-NE Practices for the delivery of the Products to Buyer. Seller shall bear all costs related thereto. Seller may contract with other Persons to provide construction functions, so long as Seller maintains overall control over the construction of the Facility through the Term.

Construction of Facility. As required under IC § 20-24-7-7, if the Organizer uses public funds for the construction, reconstruction, alteration, or renovation of a public building, then bidding and wage determination law, and any other law relating to such projects shall apply.

Construction of Facility. As required under Indiana Code § 20-24-7-7, if the Organizer uses public funds for the construction, reconstruction, alteration, or renovation of a public building, then bidding and wage determination law, and any other law relating to such projects shall apply.

Construction of Facility. Lessee hereby covenants and agrees to construct or cause to be constructed at Lessee's sole expense upon the Leased Premises a modern facility which will be completed in accordance with the plans and specifications furnished by Lessee and incorporated herein as Exhibit "C". [Lessor To Remove Car Wash equipment.] Lessee agrees, at Lessee's expense, to make application for and to secure the necessary permits for erection and operation of the facility to be constructed on the Leased Premises. Lessor agrees to reasonably cooperate with Lessee in securing said permits, but all expenses shall be borne by Lessee. All improvements shall be in compliance with the Americans with Disabilities Act, the regulations thereunder and similar state laws (collectively, "ADA"). As between Lessor and Lessee, with respect to the Leased Premises Lessee shall be responsible for compliance with the ADA. In the event Lessee fails to complete construction of the facility within 120 days from commencement, Lessor may, in its sole discretion, terminate this Lease and consider any improvements in process shall be deemed to be abandoned by Lessee. Lessor may then, at its sole discretion, complete the improvements for its own account with no further obligation to Lessee, or demolish and remove the incomplete improvements.

Construction of Facility. Developer shall establish and operate Developer's Generation 10.5 TFT-LCD Fabrication Facility (the “Facility”) in Area I. Within Area I, Developer shall invest approximately $10 billion to construct and equip the Facility, including approximately $5.570 billion in direct construction expenditures ("CapEx Expenditures"), and Developer shall complete construction of the Facility within an approximately 7 year period, commencing no later than January 1, 2019. The Developer shall furnish to the Municipalities’ Agent the same reports required under the WEDC Contract. a. CapEx Expenditure includes only an investment in (i) machinery and equipment to be installed and used in Area I (including “finance leases” and “operating leases” (to the extent and in the amount that such operating leases give rise to a “right-of-use asset” on the balance sheet of a Recipient upon lease commencement, but not including “short term” operating leases of such machinery and equipment, and not including consigned machinery and equipment), and (ii) in land and buildings located in Area I that are needed to achieve the specific purpose of completing the Project. Notwithstanding any other provision of this Agreement, investments in residential or commercial, non-industrial property or construction of such property will not be considered to be eligible CapEx Expenditures for purposes of satisfying the test in this paragraph. The terms “finance lease”, “operating lease”, “right-of-use asset” have the meanings assigned to them under GAAP ASC 842. b. The Developer shall give to the Municipalities’ Agent any report to or conclusion of WEDC regarding WEDC’s review of any construction contracts and subcontracts between Developer and affiliates, and leases to confirm that they reflect fair market value in determining Developer's performance under this section.

Construction of Facility. Following the Effective Date of this Agreement, the Business Committee, on behalf of the Tribe, shall undertake all steps necessary to construct the Facility, including, without limitation, the following:

Construction of Facility. Lessee shall construct and operate the Facility, and shall provide water and wastewater utility services, pursuant to and in accordance with the DBOF Agreement during the term of this Lease.

Construction of Facility. 4. All plans, specifications and construction shall be in accordance with good utility practices, the utility plan for the Property, as approved by RME, and in accordance with all rules, regulations, requirements and recommendations of the Commission and such other regulatory agencies having or asserting jurisdiction thereover. Prior to the commencement of engineering and construction by Developer, Developer shall procure the written approval of RME of all engineering firms, contractors and subcontractors it proposes to utilize to design and construct the Facility hereunder. All of said plans and specifications shall have all necessary approvals in writing of necessary agencies and the approval in writing of RME before any construction is commenced. Plans and specifications as approved by RME for the Facility to be constructed hereunder will be herein incorporated by reference and made part of this Agreement when so approved and as if set out in full herein. 5. Xxxxxxxxx and RME agree that construction hereunder may proceed by “Units”, and that all of the terms and conditions of this Agreement shall apply to 6. Developer shall obtain all requisite permits, easements and approvals in advance of construction. Developer shall provide all engineering, plans and specifications, materials, transportation, equipment, power, labor, supervision, testing, insurance, bonds, and all else required to construct and place the Facility into satisfactory operation in accordance with plans and specifications approved by RME. 7. Developer shall comply with the inspection and testing requirements of RME, which requirements shall be reasonable and shall not cause Developer any unwarranted material delays in the ordinary course of construction. Developer shall notify RME at least forty-eight (48) hours in advance of when Facility under construction is ready for inspection and testing, and RME shall inspect promptly after being so notified. 8. Developer and RME agree that, during the construction by Developer hereunder, RME may provide and Developer shall pay for and cooperate with an inspector reporting to RME regarding compliance with the plans and specifications under which said construction is performed. An invoice for the inspection services by RME shall be paid by Developer not later than thirty (30) days after the date of RME invoice. 9. Developer shall submit copies of paid invoices together with its corresponding lien waiver to RME for all engineering and other services...

Construction of Facility. Purchaser agrees to commence construction of a new manufacturing facility (the “Facility”) on the Property within one (1) year following the Closing, and complete construction within two (2) years as consistent with the Partnership Industrial West Declaration of Protective Covenants, dated October 30, 2001, and approved November 2, 2001, as contained in Book 2874, page 921, Records of Xxxxxx County, Missouri, as revised and recorded prior to Closing (the “Declarations”), a copy of which Seller shall provide to Purchaser within seven (7) days following the Effective Date hereof, subject to delays beyond Purchaser's control. The new manufacturing facility will be approximately 280,000 square feet. Any subsequent change in occupancy of the manufacturing facility shall be subject to the Declarations.

Construction of Facility. Snowdance will furnish and equip the Club facilities in accordance with plans and specifications mutually and reasonably satisfactory to Snowdance and Westerly and obtain and maintain all certificates of occupancy or other permits required to operate the Club. Snowdance shall be responsible for all renovation costs related to the renovation of the Club residences and facilities.