Development of Project. LTES Operator must:
(a) develop the Project in accordance with the Social Licence Commitments, Good Industry Practice and all applicable Laws and authorisations;
(b) use best endeavours to achieve each Milestone by the relevant Milestone Date;
(c) use best endeavours to achieve Financial Close by the FC Sunset Date; and
(d) report on the development of the Project in accordance with clause 10 (“Reporting”).
Development of Project. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake to complete the Construction Works for the Project as specified in Schedule A, and in conformity with the Specifications and Standards set forth in Schedule B.
12.3.2 The Concessionaire agrees and undertakes that it shall complete the Construction Works for the Project or any phase thereof, as the case may be, in accordance with the Project Completion Schedule set forth in Schedule H and, shall be completed on or before the relevant Scheduled Completion Date. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 60 (sixty) days from the date set forth for such Project Milestone in Schedule-H, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all the Scheduled Completion Dates are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-H shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-H has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
12.3.3 Without prejudice to the provision of clause 12.3.2 above, in the event that the full Project is not completed within 180 (one hundred and eighty) days from the Scheduled Project Completion Date, unless the delay is on account of reasons solely attributable to the Authority (including those specified in Article 11) or due to Force Majeure, the Authority shall be entitled to terminate this Agreement. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equity, the Authority may in its sole discretion choose not to terminate this Agreement after the said period of 180 (one hundred and eighty) days and allow for a weekly/ monthly extension beyond such period of 180 (one hundred and eighty) days; provided that the Concessionaire agrees and pays in advance, the liquidated damages calculated in accordance with Clause 12.3.2 above, for each day of such extension. To the ext...
Development of Project. The Applicant commits to commence the Project within 45 days of this Agreement and agrees to complete the Project within one year of this Agreement (“Completion Date”).
Development of Project. The Developer will, at its own cost and expense, develop the Project in accordance with the lease agreement with UBC, applicable zoning, applicable Laws (including without limitation the Zoning Regulation), the Design Guide, the Community Energy Covenant and this Agreement. The Developer will, forthwith upon Corix’s request, provide Corix with a copy of all sections of the lease agreement that pertain to the design, construction or operation of the Infrastructure or the Building System or the provision of Energy Services and any other portions of the lease agreement that Corix reasonably requests. The Developer may redact any commercially-sensitive financial information contained therein.
Development of Project. 11
4.1 Applicable Regulations; Landowner’s Vested Rights and City’s Reservation of Discretion With Respect to Subsequent Development Approvals 11 4.2 No Conflicting Enactments 12 4.3 Reservations of Authority 13 4.4 Tentative Subdivision Maps 15 5. Amendment or Cancellation of Agreement 15 6. Enforcement 16
Development of Project. 6.1 The Proponent agrees to undertake the development of the Project in accordance with the provisions proposed in this Agreement and as identified in the Council Report, Resolution [INSERT], and By-law [INSERT] approved by Regional Council to fund the Project, and as further set out in Schedules “A” and “I”.
6.2 The Proponent shall, subject to Force Majeure, ensure Substantial Completion of the Project is reached in accordance with the development schedule set out in the Proponent’s Application attached hereto as Schedule “I”, or such later date as may be approved by the Region.
6.3 The Proponent shall carry out the development of the Project as specified in the requirements of this Agreement and in accordance with all Applicable Laws.
6.4 The Region shall have access to the Project at all times in order to verify that the Proponent is carrying out the development of the Project in accordance with the terms and conditions of this Agreement and in accordance with all Applicable Laws. The Proponent shall co-operate with any individual acting on the Region’s behalf in this respect by doing anything reasonably required to assist with any such inspections.
6.5 Following completion of the construction of the Project, the Region’s representative shall have the right, at all reasonable times, upon prior notice to the Proponent, to inspect the Project in order to confirm that the Proponent is operating the Project in accordance with the provisions of this Agreement.
6.6 In performing any work and construction on the Project, the Proponent shall:
(a) proceed at its own expense with all due diligence to completion and will cause all work to be done in a good and professional manner;
(b) do all acts and things required for the performance and completion of the Project in accordance with the plans and specifications for the Project which have or may be approved by the appropriate authority;
(c) do all acts and things required to be done in the performance of the construction in compliance with the insurance and other requirements of this Agreement;
(d) construct the Project with care and in such a manner so as not to give rise to environmental claims against the Project;
(e) enter into a construction contract for the Project with a construction contractor (the “Contractor”), together with all such other agreements or documents that may be necessary for the completion of the Project which clearly describe the Project to be built and the business relationship between th...
Development of Project. DEVELOPER agrees that it will carry out the Project on the Project Property in a manner consistent with the AUTHORITY’s Request for Proposals Dated DATE, along with any supplements or amendments thereto (collectively, the “RFP,” attached as Exhibit A), and with the DEVELOPER’S proposal submitted on DATE and accepted by the AUTHORITY on DATE (the “Proposal,” attached as Exhibit B). In the event of a conflict between the RFP and the Proposal, the terms of the RFP shall prevail unless the parties have executed a separate written agreement to the contrary. All development shall be conducted in strict accordance with all laws, ordinances, resolutions, regulations and requirements of the United States of America, the Commonwealth of Pennsylvania, the County of Blair, the City of Altoona, or any agencies thereof.
Development of Project. Development Project Operator must:
Development of Project. OPERATIONS PRIOR TO THE FINAL CLOSING DATE. . . . . . . . . . . . . . . . . . . . 21 6.1
Development of Project. The Developer will, at its own cost and expense, develop the Project in accordance with the Offer to Lease, the Ground Lease, OCP, applicable Laws (including without limitation the Zoning Bylaw) and this Agreement. The Developer will, forthwith upon Corix’s request, provide Corix with a copy of all sections of the Offer to Lease and the Ground Lease that pertain to the design, construction or operation of the Infrastructure or the Building System or the provision of Energy Services and any other portions of the Offer to Lease and the Ground Lease that Corix reasonably requests, provided that the Developer shall be entitled to redact financial information contained therein.
