Development and Construction Sample Clauses

Development and Construction. The Advisor shall receive a fee for development and construction services requested by the Company. The development fee shall be calculated in accordance with the following schedule, unless otherwise agreed by the parties: 0 - 10M 5.0% 0 - .5 M 0M + 5.0% x (TC - 0M) 10M - 20M 4.5% .5 M - .95M .50M + 4.5% x (TC - 10M) 20M - 30M 4.0% .95M - 1.35M .95M + 4.0% x (TC - 20M) 30M - 40M 3.5% 1.35M - 1.70M 1.35M + 3.5% x (TC - 30M) 40M - 50M 3.0% 1.70M - 2.00M 1.70M + 3.0% x (TC - 40M) Total Project Cost shall be defined as the total of all hard and soft costs (excluding the cost of the subject land) on the Company authorized development project. The development fee shall be calculated and paid when Advisor delivers a certificate of occupancy for the structure which is the subject of the authorized development project. If an authorized development project involves multiple structures to be completed over a period of time, the development fee shall be calculated and paid in increments upon delivery of each individual structure’s certificate of occupancy. Except in those limited circumstances where a target cap rate would not apply, Company shall hold-back ten percent (10%) of each development fee payment until such time as the authorized development project achieves financial performance at a cap rate equal to or greater than the performance cap rate target agreed to by Advisor and Company at the time of the original land acquisition.

Development and Construction. TAMC shall, with the consent of the Underlying Jurisdiction, undertake the development and construction of FORTAG segments that have received final design and alignment approval by the Underlying Jurisdiction through a Supplemental Agreement.

Development and Construction. If the proceeds of the requested Revolving Loan are to be used for development and construction of a Property, the Borrowers have notified the Administrative Agent with respect thereto.

Development and Construction. OF THE HOTELS 6

Development and Construction. Borrower shall commence the on-site physical development of the Land on or before May 20, 2015 and shall commence vertical Unit construction on or before February 20, 2016 in accordance with the terms and provisions of this Loan Agreement and will pursue the same in good faith with diligence and continuity in accordance with the Plans and Specifications.

Development and Construction. (a) The parties agree that the material specifications and requirements for each Tower shall be no less favorable to Purchaser than those set forth on Exhibit 4, attached hereto and incorporated herein by this --------- reference. Prior to the start of site development and Tower construction for each site, or otherwise as soon as available, ILPCS shall deliver to Purchaser all of each of the following types of documents that it has or has access to, for Purchaser's review and information: Tower plans, specifications and work drawings (collectively, the "Tower Specifications"); the applicable executed Ground Lease; title examination and UCC search information; surveys; permits and copies of permit applications (such as, but not necessarily limited to, land use/zoning, building, FAA, FCC, NEPA); and environmental Phase I assessments and other environmental information. All these documents shall be called collectively the "Pre-Construction Deliverables." Purchaser shall have the right to suggest changes in the Tower Specifications at any time reasonably early enough in the planning process for any Tower to allow due consideration of such changes, and ILPCS shall in good faith consider implementing such changes; provided however that ILPCS shall implement such changes only if (i) it determines them to be practical in its sole discretion, and (ii) Purchaser agrees to pay the costs directly associated with the requested changes. ILPCS also shall provide and identify the location of office space in an ILPCS project office for one Purchaser field person, together with customary office support (such as, but not necessarily limited to, typical office machines, work area, and message-taking). (b) ILPCS covenants and agrees that at least fifty percent (50%) of the Towers to be constructed and sold to Purchaser that are at least 150' in height (the "Qualifying Towers") shall be 195' in height or taller; and at least seventy-five percent (75%) of the Qualifying Towers shall be 170' in height or taller. (c) ILPCS shall be fully responsible for all aspects of the development and construction of the Towers. Purchaser shall have ongoing and continuous rights, with reasonable prior notice, to inspect and review each Tower and the development and construction of, and all information pertaining to, the Towers. ILPCS shall routinely copy Purchaser on project status reports that it prepares that contain status information regarding permitting, construction matters, ground leasin...

Development and Construction. In the performance of his duties, Executive shall be subject to the direction of the Board of Directors of the Company (the "Board"), including any committee of the Board designated by the Board, if any, and the Company's Chief Operating Officer and any officer senior to the Chief Operating Officer ("CEO", which term refers to the Chief Operating Officer and any officer senior to the Chief Operating Officer (such as the President, Chief Executive Officer and Executive Chairman), each with authority acting alone to give direction hereunder in the event that more than one person holds these positions) and shall not be required to take direction from or report to any other person. Executive will report directly to the Chief Operating Officer of the Company. Executive's duties and authority shall be commensurate with Executive's title and position with the Company, and shall not be materially diminished from, or materially inconsistent with, Executive's duties and responsibilities with the Company immediately prior to the date of this Agreement, provided, however, that it will not be a violation of this Section 2(a), or otherwise be a breach by the Company under any term of this Agreement, if either (x) or (y) immediately below are true:

Development and Construction. A Reservation Operation Center suitable for conducting all elements of the Lottery Games shall be constructed on the Reservation by NIL on an accessible road network with utility hook-ups. This Reservation Operation Center shall be constructed in compliance with industry standards for computer operations, including environmental controls, backup electrical power, uninterruptible, continuous power protection, virus protection, and security. Total construction and development costs shall not exceed seven hundred fifty thousand dollars ($750,000.00) unless the budget is modified and approved in accordance with 5.4 and 6.

Development and Construction. 4.1. Within 30 days after closing by BRI OP on the New Development Site, Developer and BRI OP shall agree upon a projected timetable and schedule of responsibilities for obtaining the information and performing such studies and analyses as are necessary to determine, on a final basis, whether the Threshold Conditions are satisfied. 4.2. Within 6 months after Closing by BRI OP on the New Development Site, Developer shall make a formal, final presentation to BRI OP of the New Development Project. BRI OP shall determine, on a final basis, whether all Threshold Conditions for development of the New Development Project upon the New Development Site are satisfied within 15 days of formal, final presentation by Developer. At the time that BRI OP makes such decision, BRI OP shall elect one of the following options to proceed after acquisition: (a) promptly begin development of the New Development Site with Developer as provided in Section 4.3, or (b) if and only if, in BRI OP's reasonable judgment, the capital markets do not currently make available sufficient capital for the New Development Project, but the New Development Site represents an attractive site for future development of a New Development Project when capital market conditions improve, hold the New Development Site for future development in accordance with Section 5 below, or (c) if, based upon the final, formal presentation of Developer, BRI OP has determined that the Threshold Conditions for development of the New Development Site have not been met, hold and/or dispose of the New Development Site in accordance with Section 5 below. Once a final determination is made to proceed with development under Section 4.3, BRI OP shall be obligated to proceed with the development and construction of the New Development Project unless, in BRI OP's reasonable judgment, a material adverse change occurs in the capital markets which makes the capital contemplated for the New Development Project unavailable, in which case, BRI OP shall immediately notify Developer, and the provisions of Section 5 below shall apply. All determinations by BRI OP shall be made by written notice to Developer, and the specific reasons for any determination shall be set forth in the notice. 4.3. If development of the New Development Site is to proceed, then, within 30 days after the final determination that the Threshold Conditions have been satisfied, BRI OP and Developer, or an affiliate of Developer designated by Developer, shall enter...

Development and Construction. You agree that promptly after obtaining possession of the site for the Store you will: (a) cause to be prepared and submit for approval by us a site plan and any modifications to our basic architectural plans and specifications for the Store, including requirements for dimensions, exterior design, materials, interior layout, equipment, fixtures, furniture, signs, and decorating. You understand that you may modify our basic plans and specifications only to the extent required to comply with applicable ordinances, building codes and permit requirements and only with our prior written approval; (b) obtain all required zoning changes; all required building, driveway, utility, health, sanitation, and sign permits and any other required permits; (c) purchase or lease equipment, fixtures, furniture and signs meeting our specifications and requirements; (d) complete the construction and/or remodeling, equipment, fixture, furniture and sign installation and decorating of the Store in full and strict compliance with plans and specifications approved by us and all applicable ordinances, building codes and permit requirements; (e) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating and installation services; and, (f) fully investigate and become familiar with the Store’s delivery area and its boundaries.