Development Services Agreement. Upon the commencement of the Pre-Construction Period, the General Partners shall cause Owner and PDA to enter into a development services agreement (the “Development Services Agreement”) substantially in the form attached hereto as Exhibit B, with such changes thereto, if any, as may be required by any lender providing funds to pay any of the costs of development, construction, financing, ownership, carrying or operation of the Property.
Development Services Agreement. No amendment, modification or addition to this Agreement shall be binding upon the Parties hereto unless reduced to writing and signed by the respective authorized officers of the Parties.
Development Services Agreement. 2 2.5 Citadel Products Sales Agreement......................................................................3 2.6
Development Services Agreement. A. The Commission and Developer currently anticipate that the DSA will be entered into contemporaneously with the Xxxxxxxxxx County Council’s approval of the Design Appropriation and in accordance with the Project Schedule, (which date is currently anticipated to be January, 2008), as the same may be amended from time to time, in accordance with the terms of this MOU. The parties further agree that in the event, despite the good faith efforts of the parties, the parties cannot agree upon a mutually acceptable Development Plan then in such event the DSA shall be terminable by either party upon written notice to the other, subject however to the payment and reimbursement obligations thereunder, including without limitation payment of the Developer’s Cost Recovery.
Development Services Agreement. In connection with the asset sale described above, AppHarvest entered into a development services agreement (the “Development Services Agreement”) with Morehead Farm, which is now a wholly-owned indirect subsidiary of Equilibrium. Under the terms of the Development Service Agreement, AppHarvest provides limited oversight of contractors engaged by Equilibrium for the construction of the Morehead facility and other related management services. As compensation for AppHarvest’s services, Equilibrium will pay AppHarvest a development fee, $0.75 million of which was paid upon the signing of the Development Services Agreement and the balance of which, if any, is payable upon the substantial completion of the construction of the Morehead facility. In addition to the development fee, Equilibrium will reimburse AppHarvest for costs incurred in connection with the construction of the Morehead facility to the extent such costs are part of the approved budget or are otherwise approved in advance in writing. Unless earlier terminated, the Development Services Agreement expires upon the later of the completion of the Morehead facility and the date on which all amounts owed to AppHarvest as the development fee have been paid in full unless earlier terminated. Either party may terminate the Development Services Agreement in the event of an uncured default of the Development Services Agreement by the other party.
Development Services Agreement. The DSA will more fully delineate the steps and responsibilities required to execute the Development Plan. It is agreed by both Parties that the DSA will cover task areas including but not limited to:
Development Services Agreement. On 13 December 2023, the Company has entered into the Master Research & Development Services Agreement with Sichuan Kelun, pursuant to which (i) members of the Group shall provide research and development services to members of the Kelun Group; and (ii) members of the Group shall engage members of the Kelun Group for research and development services for a term commencing from 1 January 2024 and ending on 31 December 2024. LISTING RULES IMPLICATIONS As at the date of this announcement, Sichuan Kelun is a beneficial holder of 159,870,000 Shares and is through Kelun International interested in 446,852,000 Shares pursuant to the latest Disclosure of Interests form filed by Sichuan Kelun. By virtue of Sichuan Kelun’s interests in an aggregate of 606,722,000 Shares (representing approximately 20.43% of the issued share capital of the Company), it is a substantial shareholder of the Company and therefore a connected person under Chapter 14A of the Listing Rules. As one or more of the applicable percentage ratios in respect of the annual cap for each of the (i) Sale of Materials, (ii) Purchase of Materials, (iii) Products Manufacturing Services and (iv) Engagement of R&D Services exceed 0.1% but all are less than 5%, each of the (i) Sale of Materials, (ii) Purchase of Materials, (iii) Products Manufacturing Services and (iv) Engagement of R&D Services constitutes a continuing connected transaction of the Company and is subject to the reporting, announcement and annual review requirements but is exempt from the circular (including independent financial advice) and independent shareholders’ approval requirements under Chapter 14A of the Listing Rules. As all of the applicable percentage ratios in respect of the annual cap for each of the (i) Products Transportation Services and (ii) Provision of R&D Services are less than 0.1%, each of the (i) Products Transportation Services and (ii) Provision of R&D Services is fully exempt from the reporting, announcement, annual review, circular (including independent financial advice) and independent shareholders’ approval requirements under Chapter 14A of the Listing Rules. INTRODUCTION
Development Services Agreement. On 13 December 2023, the Company has entered into the Master Research & Development Services Agreement with Sichuan Kelun, pursuant to which (i) members of the Group shall provide research and development services to members of the Kelun Group; and (ii) members of the Group shall engage members of the Kelun Group for research and development services for a term commencing from 1 January 2024 and ending on 31 December 2024.
Development Services Agreement. The [Amended and Restated] Development Services Agreement attached hereto as Exhibit C. Environmental Hazard: Any hazardous or toxic substance, waste or material, or any other substance, pollutant, or condition that poses a risk to human health or the environment, including, but not limited to: (i) any “hazardous substance” as that term is defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq. as amended; (ii) petroleum in any form, lead-based paint, asbestos, urea formaldehyde insulation, methane gas, polychlorinated biphenyls (“PCBs”), radon, mold or lead in drinking water, except for ordinary and necessary quantities of office supplies, cleaning materials and pest control supplies stored in a safe and lawful manner and petroleum products contained in motor vehicles; (iii) any underground storage tanks; (iv) accumulations of debris, mining debris or spent batteries, except for ordinary garbage stored in receptacles for regular removal; or (v) any other condition that could result in liability for an owner or operator of the Project under any federal, state, or local law, rule, regulation or ordinance.
Development Services Agreement. In consideration of performance under the Development Services Agreement, the Operating Partnership or its assignees shall be entitled to be paid fees in an amount equal to the remaining amount of the Project Development Fee (as defined in the Development Services Agreement) accruing from and after the date of Closing (as defined below).
