Construction of the System. The parties agree that Tenant shall construct the System upon the Premises in a diligent and expeditious and good and workmanlike manner, as soon as reasonably possible after the Commencement Date. Landlord acknowledges and understands that the construction of all or any portion of the System will require installation to the ground and may require physically mounting and adhering the System to the buildings, fixtures and/or structures appurtenant to the Premises. Any fixture or installation that interferes with Landlord’s normal operations shall require the consent of Landlord, such consent not to be unreasonably conditioned, delayed or withheld. Prior to construction of the System on the Premises, the parties shall confirm the location of all parts of the System and make commercially reasonable efforts to ensure that said location minimizes its impact (for example noise, emissions, safety) on the operation and management of the Dairy.
Construction of the System. 6.1 SUBSEA ELEMENT - FLAG or an Affiliate of FLAG, on behalf of the Company, shall negotiate all contracts, in addition to the Supply Contract, necessary for the construction of the Subsea Element. FLAG will keep GTS fully informed on the progress of negotiations for such contracts and in particular of any deviations from the agreed design specifications of such contracts. FLAG or such Affiliate shall be responsible, on behalf of the Company, to apply for all necessary wayleaves, easements, permits, licenses and consents required for the subsea element. FLAG or such Affiliate will also construction manage the delivery of the Subsea Element as provided in the FLAG Construction Management Agreement. The Company shall pay FLAG or such Affiliate for providing these services such portion of the project management fee for construction of the System as the Shareholders may agree.
6.2 EUROPEAN BACKHAUL ELEMENT - GTS or an Affiliate of GTS, on behalf of the Company, shall negotiate all construction, installation and acquisition contracts for the European Backhaul Element. Such contracts shall provide that such facilities shall comply with the design specifications set forth in Annex 5. GTS will keep FLAG fully informed on the progress of negotiations of the acquisition, construction and installation contracts. GTS or such Affiliate shall be responsible, on behalf of the Company, to apply for all necessary wayleaves, easements, permits, licenses and consents required for the installation of the European Backhaul Element. GTS or such Affiliate will also construction manage the European Backhaul Element as provided in the relevant GTS Construction Management Agreement. The Company shall pay GTS or such Affiliate for providing these services such portion of the project management fee for construction of the System as the Shareholders may agree.
6.3 US BACKHAUL ELEMENT - GTS or an Affiliate of GTS, on behalf of the Company, shall negotiate all construction, installation and acquisition contracts for the United States Backhaul Element. Such contracts shall provide that such facilities shall comply with the design specifications set forth in Annex 5. GTS will keep FLAG fully informed on progress of negotiations of the acquisition, construction and installation contracts. GTS or such Affiliate shall be responsible, on behalf of the Company, to apply for all necessary wayleaves, easements, permits, licenses and consents required for the installation or the United States Bac...
Construction of the System. SiFi will use commercially reasonable efforts to commence Construction on or before a date that is twenty-four (24) months after the Effective Date (the “Construction Commencement Deadline”); provided however, in the event of a Force Majeure Event or if all Shelter locations have not been agreed upon within twenty-four
Construction of the System. The Company has constructed the System in Rio de Janeiro and Sao Paulo as required and permitted pursuant to the Licenses.
Construction of the System. The Company shall construct the System in Belo Horizonte as required and permitted pursuant to the Licenses but only to the extent it is strategically and economically advantageous to do so.
Construction of the System. 5.2.1 Lessee, at no cost to Lessor, shall prepare plans and specifications for the System to be constructed on the System Premises and any future alterations to such plans and specifications proposed by Lessee (“Plans and Specifications”) together with a schedule (“Schedule”) for such construction or alteration (“Construction”). Lessor shall, within ten
Construction of the System. The City acknowledges that Developer may employ an independent contractor to construct and/or install the System. Construction of the System will commence on or before the date which is twelve (12) months after the date the Common Council of the City finally approves Property Tax Relief (the “Construction Commencement Date”). Developer will provide the City with its build schedule and System location information by no later than one-hundred and twenty (120) days prior to the Construction Commencement Date. Developer will keep the City informed on the progress of this build schedule at least at monthly intervals unless the Parties mutually agree otherwise and shall timely inform the City in the event where such build schedule must be adjusted by more than five (5%) percent.
4.1.1 Developer intends to use varying construction techniques for the System construction and deployment, which may include, but are not limited to, any of the following:
i. Traditional open trench construction;
i. Directional boring;
ii. Fiber optic cable placed in the City Conduit;
iii. Fiber optic cable placed in Developer’s Conduit;
iv. Aerial; and/or
v. Techniques ancillary to or related to the foregoing. The City agrees to work cooperatively with Developer in reviewing all other potential construction methods. Developer Conduit shall generally be installed at a depth of 3 feet or greater, but no shallower than 2 feet in depth. The parties agree, however, that micro-trenching and nano-trenching techniques shall not be used in this Project.
Construction of the System. Titan agrees that the System shall be fully operational within twelve (12) months from the Effective Date; provided, however, in the event the System is not fully operational within said time period, Xxxxxxx may terminate this Agreement on thirty (30) days written notice to Titan and Titan shall return the Property to its pre-construction condition. As part of the construction process, Titan may, at its sole cost and expense, survey the Property as needed. Titan may not commence construction, nor make any other improvements, alterations, additions or installations in or to the Property without first obtaining Owners prior written consent, which shall only be considered after Owner first receives from Titan its final written plans and specifications, substantially similar to the preliminary site plan attached hereto as Exhibit B, a sworn construction statement, copies of contracts, necessary permits and licenses, an indemnification in such form and amount as may be reasonably satisfactory to Owner. All authorized change orders must also be submitted to Owner, and approved in writing, prior to performance. All work related to the construction shall be completed by licensed and bonded contractors, of Titan’s choosing with a provision in each contract that states: “Contractor hereby waives its right to file a lien against the Property arising from or relating to performance of the contemplated construction or any other labor, equipment, services and/or materials contributed to the Property for which a mechanic’s lien could otherwise be filed against the Property but for this Agreement, including any and all such labor, services and/or materials provided or supplied to the Property by Contractor or its Subcontractors. Nothing in this Section is intended to affect the provisions of the Construction Contract that address rights of the parties in connection with improperly performed or non-conforming work. Contractor or its Subcontractors hereby agree to look solely to Titan in the event of non-payment.” All construction shall be completed in a professional manner. Titan represents and warrants it shall design, construct and maintain the System in compliance with all applicable governmental statutes, ordinances, regulations and codes, as well as reasonable directions from Owner and/or Xxxxxxx so as not to unreasonably interfere with the performance of Xxxxxxx’ business operations. Owner’s approval of plans and specifications shall not constitute an acknowledgment ...
Construction of the System. USI shall provide construction plans, including any proposed changes, to Boulder and Northern Water for review and Boulder and Northern Water shall confer prior to Boulder’s approval of such plans. USI shall be responsible to Northern Water for any damage to Northern Water’s facilities as a result of USI’s construction, operation, or maintenance activities. Northern Water may perform repairs of the damage to its facilities, and USI shall reimburse Northern Water for the reasonable and actual cost of repairs within thirty (30) days of receiving a statement of costs from Northern Water. If Boulder conditions USI’s construction activity times and materials, it shall first confer with Northern Water regarding such conditions.
Construction of the System. The Company shall proceed diligently to construct the System in (i) Rio de Janeiro and Sao Paulo as required and permitted pursuant to the Licenses, and (ii) Belo Horizonte (or such other market area in Brazil) as required and permitted pursuant to the Licenses but with respect to clause (ii) only to the extent it is strategically and economically advantageous to do so.
