Construction Terms. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. PROPERTY OWNER: By: Name: Title: Address: Email address: ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , by , , on behalf of . (print name) NOTARY PUBLIC, STATE OF TEXAS PACE OWNER CONTRACT [1 OF 2] LOCAL GOVERNMENT: CITY OF XXXXXX, TEXAS By: AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: - Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , by , , on behalf of , a Texas , as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS OWNER CONTRACT EXHIBIT A NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT OWNER CONTRACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT OWNER CONTRACT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Retainage or Liquidated Damages: Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. OR Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Date Draw down Amount Purpose
Construction Terms. A. Location of Cable
Construction Terms. This Agreement has been entered into freely by each of the Parties, following consultation with their respective counsel, and shall be interpreted fairly in accordance with its respective terms, without any construction in favor of or against either party.
Construction Terms. 7.1.1 The actual location of the water service pipeline and curb stops installed in the Development may differ from the location shown on Schedule "A" and will be determined in consultation with the Developer at the time the water service is installed, if required;
Construction Terms. If this Lender Contract includes requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit C attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. LENDER: By: Name: Title: Address:
Construction Terms. Retainage or Liquidated Damages: Lender will retain _________% of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. OR Property Owner will pay liquidated damages to Lender of $_______ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. Additional Construction Terms Date Draw down Amount Purpose
Construction Terms. If this Lender Contract includes requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit C attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. LENDER: By: Name: Title: Address: Formatted ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , by , . , on behalf of (print name) NOTARY PUBLIC, STATE OF TEXAS LOCAL GOVERNMENT: NUECES COUNTY, TEXAS By: AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) Name: Xxxxxxxx Xxxxxxxxx Title: President Address: X.X. Xxx 000000 Xxxxxx XX 00000-0000 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , by , , on behalf of , Texas. (print name) NOTARY PUBLIC, STATE OF TEXAS Formatted: Font: Times New Roman Formatted Formatted EXHIBIT A OWNER CONTRACT EXHIBIT B FINANCING DOCUMENTS Formatted Table Assessment Payment Schedule Assessment Total: Payment ScheduleFrequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Formatted Table Project Completion Date: Formatted Table Financing Documents Document Title Parties Date Executed EXHIBIT C CONSTRUCTION TERMS
Construction Terms. The Financing Documents executed by Lender and Property Owner must include a requirement that Lender will withhold ______% of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), or Property Owner will pay liquidated damages to Lender of $_______ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. PROPERTY OWNER: ____________________________________ By: Name: Title: Address: Email address: _______________________ ACKNOWLEDGEMENT STATE OF ________ § COUNTY OF ________ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on ______________, ________ by ____________________________, _____________________________, on behalf of ________________. ________________________________(print name) NOTARY PUBLIC, STATE OF ________ LOCAL GOVERNMENT: SAN XXXXXXXX COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: _______________________________________________________ Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY Address: XX XXX 000000 XXXXXX, XX 00000-0000 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF _________ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on ______________, 20__ by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. ________________________________(print name) NOTARY PUBLIC, STATE OF TEXAS OWNER CONTRACT EXHIBIT A NOTICE OF CONTRACTUAL ASSESSMEN...
Construction Terms. This Agreement has been entered into freely by each of the parties, following consultation with their respective counsel, and shall be interpreted fairly in accordance with its respective terms, without any construction in favor of or against either party. All terms not otherwise defined herein shall have the same meaning as in the Stock Exchange Agreement.
Construction Terms. All parties to this Agreement have cooperated in the drafting and preparation of this Agreement. This Agreement shall be interpreted reasonably and fairly in accordance with its terms without consideration or weight being given to the Agreement or any portion hereof having been drafted by a party or its counsel. Terms defined in a given number, tense, or form shall have the corresponding meaning when used in this Agreement with initial capitals in another number, tense, or form. “Includes” or “including” shall not be deemed limited by the specific enumeration of items, but shall be deemed without limitation. The term “or” is not exclusive. Unless the context clearly intends to the contrary, words singular or plural in number shall be deemed to include the other and pronouns having a masculine or feminine gender shall be deemed to include the other.
