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 December 15, 2016 and shall commence vertical Unit construction on or before March 15, 2017 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 U.S. PIPELINE. RGPC, at its sole cost and expense, shall construct, integrate and otherwise develop the U.S. Pipeline in accordance with (i) generally accepted practices of the industry and trades involved and (ii) the project scope jointly established in Exhibit A. RGPC shall ensure that the U.S. Pipeline complies with the terms and conditions of this Agreement, is complete in every respect and ready for use in the manner indicated or manifestly implied in this Agreement and is generally safe to operate and maintain.
(b) THE MEXICAN PIPELINE AND THE IMPROVEMENTS TO THE MENDEZ TERMINAL. Except as provided in Article 2(e), RGPC, at its solx xxxx and expense, shall construct, integrate and otherwise develop the Mexican Pipeline and the Improvements to the Mendez Terminal in accordance with generally accepted practices of thx xxxxstry and trades involved; the project scope jointly established in Exhibit B; and the respective specifications contained in Exhibits B and C. If and to the extent that the parties shall mutually determine that any modifications to either or both of Exhibit B and Exhibit C is required, the parties shall so modify such Exhibits; provided, however, that any such modification shall be made not later than ninety (90) Days after the date of this Agreement. RGPC shall ensure that the Mexican Pipeline and the Improvements to the Mendez Terminal in each case complies with the terms and conditions ox xxxx Agreement, is complete in every respect and ready for use in the manner indicated or manifestly implied in this Agreement and is generally safe to operate and maintain. Without limiting the generality of the foregoing, the obligations of RGPC in carrying out the construction of the Mexican Pipeline and the Improvements to the Mendez Terminal shall include:
(i) developing xxx xasic engineering and detailed engineering for the Mexican Pipeline and the Improvements to the Mendez Terminal based on the respective spxxxxxxations contained in Exhibits B and C, as such Exhibits may be modified in accordance with this Agreement;
(ii) constructing the Mexican Pipeline and integrating it with the El Paso line and the Mendez Terminal;
(iii) constructing the Improvexxxxx to the Mendez Terminal;
(iv) installing a supervisory xxxxxol and data acquisition system (SCADA) consistent with that used for the U.S. Pipeline;
(v) except to the extent that PMI provides any such materials in accordance with this Agreement, procuring and supplying all material...
Development and Construction. (a) The U.S. Pipeline ...
(b) The Mexican Pipeline ...
(c) Subcontractors ...................................... 10
(d) Compliance with Mexican Laws ....
(e) Obligations of PMI ....
(f) Completion of Improvements to the Mendez Terminal ... 15
(g) Transfer of Risk ...
(h) Project Team; Reporting ..
(i) Modifications ....
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. (a) Within 10 business days after the Closing, Developer shall provide the City a redacted copy of the following fully executed agreements: (i) an architectural / engineering agreement with Edge Design (which will be working in tandem with Xxxxx) for design of the Private Project and (ii) a construction management agreement with Xxxxxxxxx Construction Services, Inc., for the construction of the Private Project.
(b) The City has commenced construction of the Parking Garage and the Parking Garage Infrastructure generally in accordance with plans and specifications prepared by WGI and Xxxxx, Xxxxxxx and Papas (“Xxxxx,” and the plans, the “Parking Garage Plans ”), which have been approved by all parties, and the City shall pay all construction costs relating to the completion thereof. The City expects to complete the Parking Garage and the Parking Garage Infrastructure on or before May 31, 2020.
(c) On or before September 1, 2019, the Developer shall submit to the City plans and specifications for the construction of the Retail Unit and the Office Unit and Required Infrastructure for review and approval by the City.
(d) On or before November 1, 2019, Developer shall commence construction of the (i) Retail Unit, (ii) Office Unit and (iii) all Required Infrastructure related to these units pursuant to plans and specifications which have been reviewed and approved by the City.
(e) On or before August 1, 2020, the Developer shall complete the initial construction of the Office Unit, the Retail Unit and complete construction and installation of all Required Infrastructure for these units. Completion of the initial construction shall mean that the spaces within the Unit have been built out to a warm shell condition and are fully ready to be marketed in a manner comparable to the manner in which spec retail and office space would otherwise be marketed in Oakland County.
(f) On or before December 1, 2020 the Developer shall submit to the City plans and specifications for the construction of the Residential Unit and the Required Infrastructure for this unit for review and approval by the City.
(g) On or before April 1, 2021, the Developer shall commence construction of the Residential Unit and all Required Infrastructure related to this unit pursuant to plans and specifications which have been reviewed and approved by the City.
(h) On or before September 1, 2021 the Developer shall complete the construction of the Residential Unit as evidenced by a certificate of occup...
Development and Construction. 16 4.01 Construction 16 4.02 Standards for Construction of Shoreside Complex 17 4.03 Review by Design Review Committee 17 4.04 Arbitration 18 4.05 Sidewalks 19 4.06 Elevated Walkways 19 4.07 Cooperation by Landlord 19 4.08 Title to Personal Property 20 4.09 Equipment Liens 20 4.10 Riverboat Casinos 20 4.11 Traffic Study 21 4.12 Utilities 21 ARTICLE V - RENT 22 5.01 Means of Payment 22 5.02 Rent Prior to Construction Commencement Date 22 5.03 Fixed Rent 22 5.04 Percentage Rent 23 5.05 Reporting and Payment 23 5.06 Accounting Records 23 5.07 Annual Audit Procedures 23 5.08 Confidentiality 24 5.09 Additional Rent 24 5.10 Minimum Percentage Rent 24 ARTICLE VI - ADDITIONAL PAYMENTS BY TENANT; IMPOSITIONS 24 6.01 Landlord's Net Return 24 6.02 Impositions 25 6.03 Assessments In Installments 25
