Development Covenants. (a) The Generator agrees to arrange on the Generator’s side of the Points of Delivery, at its expense and in accordance with the Connection Agreements, all connection requirements for the Facility that may be required to permit the delivery of Electricity from Xxxxx A and Xxxxx X to the applicable Points of Delivery, and to pay all Connection Costs relating thereto.
(b) The Generator agrees to provide, operate and maintain, at its expense, separate meters to meter the output of Electricity from each electrical generation unit paired with a Unit, as well as any ancillary metering and monitoring equipment required for Xxxxx A and Xxxxx X by the IESO Market Rules.
(c) The Generator agrees to provide, at its expense, all power system components on the Generator’s side of the Points of Delivery (including all transformation, switching and auxiliary equipment such as synchronizing and protection and control equipment, pursuant to requirements reasonably deemed necessary by the System Operator and the Transmitter, as applicable), to protect the safety and security of the IESO-Controlled Grid and each of the respective customers of the System Operator and the Transmitter, as the case may be. The equipment to be so provided by the Generator shall include such electrical equipment on the Generator’s side of the Points of Delivery as the System Operator and the Transmitter reasonably deem necessary, from time to time, for the safe and secure operation of the IESO-Controlled Grid, as required by the IESO Market Rules and the Transmission System Code, as applicable.
(d) The Generator agrees to install, at its expense, protective equipment to protect its own personnel, property and equipment from variations in frequency and voltage or from temporary delivery of other than three-phase power, whether caused by Xxxxx X, Xxxxx B or the IESO-Controlled Grid, as the case may be.
(e) The Generator agrees to cooperate with and to assist the Transmitter and Governmental Authorities by providing technical information pertaining to, and by supporting regulatory processes, applications or hearings in respect of any System Upgrades that may be required to permit the delivery of Electricity and Related Products from Xxxxx A or Xxxxx X to the IESO-Controlled Grid; provided that the Generator shall not be required to pay for any System Upgrade Costs associated therewith.
Development Covenants s. 17
(1) Nothing in section 7, 8, 9, 11 or 12 applies in respect of a development covenant.
(2) On and from the commencement of this section, the Wodonga Rural City Council has and may exercise all of the powers to enforce, vary or release a development covenant that the Corporation had immediately before that commencement.
(3) On and from the commencement of this section any reference to the Corporation in any development covenant is to be construed as a reference to the Wodonga Rural City Council.
(4) For the purposes of this section, and despite the repeal of the Albury-Wodonga Agreement Act 1973, subsections (3), (4), (5) and (6) of section 15A of that Act continue to apply in respect of a development covenant as if any reference in those provisions to the Corporation were a reference to the Wodonga Rural City Council.
Development Covenants. Developer shall, at its own cost, prepare and submit to the Town for prior approval a declaration(s) of restrictive covenants-and easements with respect to the Project that provides for the operation, maintenance, repair, and replacement (and the funding thereof) of all common elements and Private infrastructure in the Project. The Town's review and approval of such document(s) shall not be unreasonably delayed or withheld. Developer shall be responsible for the operation. maintenance. repair. and replacement of all common elements and Private Infrastructure in the Project until such obligations are assumed by the Town in writing or are assigned to a funded property owner's association in the above-referenced declaration(s).
Development Covenants. The Borrower covenants with the Lender that it shall:
17.1 all times comply with all local consents including planning permission and building regulation approval that have been obtained in relation to the Property;
17.2 take all steps as are necessary to obtain such further approvals and permission as the Valuer considers necessary;
17.3 provide such evidence as the Lender shall require that the Property has been registered with the National House Building Council, or provide such other warranty or insurance as may be requested by the Lender;
17.4 provide the Valuer with copy planning permission providing for the development of the Property together with evidence that all reserved matters have been attended to the full satisfaction of the Local Authority; and
17.5 at the request of the Lender immediately assign or novate to the Lender all collateral warranties and duty of care agreements in relation to development of the Property in a form satisfactory to the Lender in its sole discretion.
Development Covenants. (a) Lessee covenants and agrees that it shall not (unless Lessee's needs for parking cannot be fully satisfied by the Property and the Property is otherwise fully occupied by Lessee) directly or indirectly purchase, use, provide, lease, rent, construct, subsidize or in any other manner make use of, any parking facilities or services for or in connection with or in any way related to the Xxxxxxxx-Xxxx Campus and the parking needs of its employees, guests, visitors and invitees, other than the Property. This covenant shall be placed of recorded in a document duly recorded with the Xxxx County Recorder of Deeds as a covenant running with the land, burdening the Xxxxxxxx-Xxxx Campus and benefiting the Property.
(b) The TIF Documents shall be subject to the prior approval of Lessor, such approval not to be unreasonably withheld.
Development Covenants. To the fullest extent permitted by law, Seller hereby agrees to indemnify, defend and hold Purchaser and its agents and employees, harmless from and against any and all causes of action, damages, losses, demands, judgments, liens, claims, costs, and expenses (including reasonable attorney’s fees and court costs) which arise or occur in connection with: (1) any matter related to bodily injury, death or property damage arising in the performance of Seller’s work, and (2) any mechanics lien claim arising in the performance of Seller’s work, and (3) any matter related to the payment of money owed for the obligations of Seller in regard to the performance of Seller’s work. In the event any liens are placed of record in regard to the performance of Seller’s work, within 30-days from the date Seller is notified thereof, Seller agrees that Seller shall either cause said encumbrance to be removed from title or Seller shall bond over said encumbrance or provide appropriate indemnities to the Title Company as may be required to allow the Title Company to issue its later date endorsement (or like-coverage) to Buyer and its lender, if any, under its respective Policies of title insurance. In the event a lien is placed of record against the Property by reason of tenant work, Seller agrees to reasonably cooperate with Buyer in regard to causing said tenant to cause the lien to be removed in accordance with the terms of the applicable lease.
Development Covenants. Landlord covenants that it has developed the Project substantially as shown on Exhibit A which is attached hereto.
Development Covenants. The parties agree as follows:
(a) Subdivision. Prior to Closing, Seller, at Purchaser's ----------- expense, will cause to be prepared, submitted and processed with the County through approval all necessary applications and submittals for, and prior to the Closing Seller will, at its expense, cause to be recorded in the County's real property records, an administrative lot line adjustment that will create the Land, having substantially the same size and configuration and as set forth for the Land on Exhibit A hereto (or with such changes --------- thereto as may be approved in writing by Purchaser), as a separate legally subdivided lot or as part of Xxx 0, Xxxxxxx Xxxxxx Xx. 0, Xxxxxxx Xxxxxx, Colorado (the "Lot Line Adjustment"). Immediately upon recording of the approved Lot Line Adjustment, the legal description of the Land made by reference to the subdivided lot created by the Lot Line Adjustment will be deemed to be the legal description of the Land for all purposes under this Agreement, including, without limitation, the calculation of the Purchase Price, the Preliminary Title Commitment, the Title Policy and Seller's deed to Purchaser. Both parties' obligations to close the purchase and sale of the Property hereunder are contingent upon the recording of the Lot Line Adjustment prior to Closing. If despite its good faith efforts Seller is unable to cause the Lot Line Adjustment to be recorded prior to the originally scheduled "Closing Date" (as defined in Section 9(a)), then the Closing Date will be extended as provided in Section 9(b) below subject to the other terms and conditions hereof.
Development Covenants. Borrower and Guarantor shall not in any case:
(1) on a consolidated basis at any time, have properties under development or entitled or unentitled land, in combination (at projected total cost), that exceed 35% of Gross Asset Value, as that term is defined in Section 1;
(2) on a consolidated basis at the end of any quarter have any single property under development that exceeds five percent (5%) of Gross Asset Value (at projected total cost); or
(3) on a consolidated basis at any time have entitled and unentitled land that exceeds seven and one-half percent (7.5%) of Gross Asset Value or unentitled land that exceeds three percent (3%)
Development Covenants
