Construction of the Complex. 6.1.1 The Seller shall commence and proceed with the Construction Works as soon as reasonably practicable following the Effective Date. The Seller shall procure that the design of the Construction Works shall be carried out with all proper skill and care and in all material respects in accordance with this Agreement, including the Technical Specifications, the Laws of Tanzania (including the Seller Consents and the Generation Licence), Prudent Utility Practices and Prudent Electrical Practices, so that the Complex is reasonably expected to provide a useful life of not less than the Term.
6.1.2 The Seller shall carry out and complete the Construction Works such that the Seller is able to achieve the Commercial Operations Date as required by this Agreement.
6.1.3 The Seller shall cause all equipment which is permanently installed by the EPC Contractor as part of the Complex to be new and unused at the time of such installation and to otherwise comply with the requirements of Schedule 2.
6.1.4 The Purchaser shall, in accordance with the Minimum Functional Specifications, install protective devices within the Interconnection Facilities having appropriate ratings and characteristics to protect the Purchaser’s equipment at the Interconnection Facilities, [and, subject to the Minimum Functional Specifications, shall maintain the settings of all such devices at the levels required.]
6.1.5 Upon completion of the Interconnection Facilities described in Clause Error! Reference source not found., the Purchaser and Seller shall test such Interconnection Facilities in accordance with the procedures set forth in Schedule 3 -.
Construction of the Complex. (a) The Seller shall commence and proceed with the Construction Works as soon as reasonably practicable following the Effective Date. The Seller shall procure that the design of the Construction Works shall be carried out with all proper skill and care and in all material respects in accordance with this Agreement, including the Technical Specifications, the Laws of Pakistan (including the Seller Consents, the Tariff Determination, the Grid Code and the Generation Licence), Prudent Utility Practices and Prudent Electrical Practices, so that the Complex is reasonably expected to provide a useful life of not less than the Term.
(b) The Seller shall carry out and complete the Construction Works such that the Seller is able to achieve the Commercial Operations Date by the Required Commercial Operations Date.
(c) The Seller shall cause all equipment which is permanently installed by the EPC Contractor as part of the Complex to be new and unused at the time of such installation and to comply with the requirements of Schedule 2.
Construction of the Complex. (a) The Company shall commence and proceed with the EPC Works as soon as reasonably practicable following the Effective Date. The Company shall ensure that the design of the EPC Works are carried out with all proper skill and care and in all material respects in accordance with this Agreement, including the Technical Specifications, the Laws of Pakistan (including the Company Consents and the Generation Licence), Prudent Utility Practices and Prudent Electrical Practices, so that the Complex is reasonably expected to provide a useful life of not less than the Term.
(b) The Company shall carry out and complete the EPC Works such that the Company is able to achieve the Commercial Operations Date by the Required Commercial Operations Date.
(c) The Company shall cause all equipment, which is permanently installed by the EPC Contractor as part of the Complex to be new and unused at the time of such installation and to otherwise comply with the requirements of Schedule 2.
Construction of the Complex. (a) The Seller shall commence and proceed with the construction works of the Complex as soon as reasonably practicable following the Effective Date. The Seller shall ensure that the design of the construction works shall be carried out with all proper skill, diligence and care and in all material respects in accordance with this Agreement, including the Specifications, the Laws of Pakistan (including the Seller Consents and the Generation Licence), Prudent Utility Practices and Prudent Electrical Practices, so that the Complex is reasonably expected to provide a useful life of not less than the Term.
(b) The Seller shall carry out and complete the construction works such that the Seller is able to achieve the Commercial Operations Date in any case no later than the Required Commercial Operations Date.
(c) The Seller shall ensure and shall procure that the Engineer certifies to the Purchaser before the Commissioning Tests that all equipment permanently installed as part of the Complex is new and unused at the time of such installation, and complies with the requirements of Schedules 2 and 5.
(d) The Complex and the components thereof including PV modules and the installation thereof must comply with all applicable quality standards, including the standards of the International Electrotechnical Commission set forth in Schedules 2 and 5, and, prior to the occurrence of the Commercial Operations Date, the Seller shall provide certificates of the EPC Contractor and the Engineer confirming that the quality, design, installation and construction of the Complex and the components thereof are in compliance with and satisfy the quality, design and safety standards of the IEC Standards stated in Schedules 2 and 5.
(e) The Seller shall ensure that the Complex has adequate security and surveillance equipment and facilities, including a satisfactory security fence around the Complex, so as to minimize the risk of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Complex in the event of any breach or attempted breach of such security equipment and facilities and unauthorized trespass onto the Site.
Construction of the Complex. Section 4.1 Construction of the Complex
(a) The Seller shall commence and proceed with the construction works as soon as reasonably practicable following the Effective Date. The Seller shall procure that the design of the construction works shall be carried out with all proper skill and care and in all material respects in accordance with this Agreement, including the Technical Specifications, the Laws of Pakistan (including the Seller Consents and the Generation Licence), Prudent Utility Practices, Prudent Electrical Practices and the Schedules hereto, so that the Complex is reasonably expected to provide a useful life of not less than the Term. The Complex shall comprise all necessary auxiliary and ancillary plant and equipment required for the safe, reliable and efficient operation of the Complex.
(b) The Seller shall carry out and complete the construction works such that the Seller is able to achieve the Commercial Operations Date by the Required Commercial Operations Date.
(c) The Seller shall cause all equipment which is permanently installed by the EPC Contractor as part of the Complex to be new and unused at the time of such installation and to otherwise comply with the requirements of Schedule 2 and 3.
Construction of the Complex. On conclusion of the Investment Agreement, receipt of all the necessary permits and securing of the finance, the Project Company shall construct the Complex in accordance with the offer that formed the basis for the wording of Resolution No. 860 passed by the Govemment of the City of Moscow on 10th November 1998. The incineration performance diagram for the Complex is attached to this Contract at Appendix 1.
Construction of the Complex. Owner hereby warrants and represents ---------------------------- that it is presently preparing for the construction of the Complex. During such construction, and prior to the Opening Date (as hereafter defined), Operator shall perform the following project development services for Owner, provided Owner separately provides Operator reimbursement of (i) all expenses incurred by Operator under the provisions of this Section 2.01, and (ii) the compensation ------------ (including any and all salaries, expenses, benefits, and the like) paid to Operator's employees or those employees of Operator's affiliates assigned to the Complex on a full-time basis for the purpose of providing the following project development services until the Opening Date:
(a) Pre-opening sales office set-up, together with a pre-opening marketing plan to be approved in advance by Owner, which approval shall not be unreasonably withheld or unduly delayed; and,
(b) Hiring of personnel in accordance with the provisions of this Agreement; and,
(c) Coordination of initial inventories purchases; and,
(d) Establishment of operating policies and procedures for the entire Complex; and,
(e) Establishment of Complex security systems for assets, personnel and patrons; and,
(f) Establishment of accounting and internal control systems and procedures; and,
(g) Establishment of a preventative maintenance program; and,
(h) Establishment of risk management policies and procedures; and,
(i) Training of all staff. Notwithstanding the foregoing, the aggregate amount of all reimbursements paid by Owner to Operator for project development services shall not exceed the amount included for such reimbursements in the Pre-Opening Budget described in Section 4.10(a)(i). ------------------
Construction of the Complex. Owner hereby warrants and represents that it is presently preparing for the construction of the Complex, in accordance with those certain plans and specifications tendered by Owner to Operator. During such construction, and prior to the Opening Date (as hereafter defined), Operator shall perform the following project development services for Owner, provided Owner separately provides Operator reimbursement of (i) all expenses incurred by Operator under the provisions of this Section 2.01, and (ii) the compensation (including any and all salaries, expenses, benefits, and the like) paid to Operator's employees or those employees of Operator's affiliates assigned to the Complex on a full-time basis for the purpose of providing the following project development services until the Opening Date:
Construction of the Complex. The Vendor will construct the Complex in a good and workmanlike manner, in accordance with the approved Premises and Complex Design Plans and in compliance with all Applicable Laws and Permitted Encumbrances. Any variances from the approved Premises and Complex Design Plans which may have a material adverse effect on those matters listed in Section 7.1(3)(a) to 7.1(3)(e), shall be submitted to the Purchaser for its approval, which approval will not be unreasonably withheld; following such approval, such variances shall form part of the approved Premises and Complex Design Plans. For greater certainty, the Premises shall be constructed to a “shell” standard in accordance with the approved Premises and Complex Design Plans. Any variances from the approved Premises and Complex Design Plans which may have a material adverse effect on: access to and from the SAUC Areas; the Purchaser’s intended use of the SAUC Areas; or the number of rooms available, the total size of the rooms, or the relative size of the rooms, or the availability of a kitchen in the SAUC Areas, shall be submitted to the Purchaser for its approval, which approval will not be unreasonably withheld; following such approval, such variances shall form part of the approved Premises and Complex Design Plans. Following Closing, all Warranties will remain in the name of the Vendor (or either one of them, as the case may be) and will not be assigned to the Purchaser in respect of the Premises, but the Vendor shall remain obligated to pursue, and at the request of the Purchaser will diligently pursue, any claims, actions or remedies which may exist or accrue under the Warranties, in order that the Purchaser may enjoy the benefit of all covenants, representations and warranties in respect of the Warranties as if it were a party thereto. The Vendor will cooperate with the Purchaser’s reasonable investigation of the Lands and monitoring of the construction of the Premises and the Complex from time to time, whether by the Purchaser or its consultants, and will provide information relating to the Lands and Complex which the Purchaser reasonably requests from time to time. The Vendor will provide the Purchaser and any of its consultants or advisors with access to the Lands for the purpose of conducting all necessary inspections on not less than 24 hours prior written notice during reasonable hours, and subject always to the Purchaser’s compliance with Applicable Laws, government approvals and the Vendor’s he...
Construction of the Complex. 5 4.1 Condition of Site; Initial Site Improvements............................................. 5 4.2 Temple's Construction Responsibilities................................................... 5 4.2.1 General.................................................................................. 5 4.2.2 Compliance with Applicable Laws.......................................................... 6 4.3 Design of the Complex.................................................................... 6 4.3.1 Approval of Preliminary Plans and Specifications......................................... 6 4.3.2 Approval of Drawings and Specifications.................................................. 6 4.3.3 Approval of Changes...................................................................... 7 4.4 Resolution of Objections to Design....................................................... 7 4.5 Construction of the Complex.............................................................. 7
