Engineer’s Report. On or prior to the Closing Date, the Buyer shall have received the engineer's report, if any, referred to in Subsection 4.1(b) hereof.
Engineer’s Report. Unless the Lessee has exercised its option to purchase the Facility and has paid all amounts due and owing in connection therewith, not less than 90 days and not more than 180 days prior to the last day of the Term (or the date on which the Facility is otherwise returned to the Owner Trustee or the Indenture Trustee in the event that the Secured Indebtedness has not been fully paid and satisfied), the Lessee shall provide to the Owner Trustee, the Owner Participant, and the Indenture Trustee (in the event that the Secured Indebtedness has not been fully paid and satisfied) an inspection report prepared by a qualified independent engineer selected by the Lessee and reasonably satisfactory to the Owner Trustee, the Owner Participant, and the Indenture Trustee (in the event that the Secured Indebtedness has not been fully paid and satisfied) certifying whether or not the Facility is (i) in good working order, (ii) capable of performing substantially at the original manufacturer's performance specifications at the time the Facility was originally designed and (iii) capable of performing at its Design Capacity. In the event that such report indicates that the Facility does not satisfy the requirements of clause (i), (ii) or (iii) of the preceding sentence, the Owner Trustee or the Indenture Trustee (in the event that the Secured Indebtedness has not been fully paid and satisfied) may elect either (A) to deem that the Leased Property is not returned until the earlier of (1) the date on which the Facility is properly repaired to satisfy such requirements and (2) one year after the last day of the Term, in which case the Lessee shall continue to be obligated under all the terms and conditions of this Lease (including without limitation the provisions relating to insurance, indemnification and risk of loss), except that the Lessee shall not be required to pay Periodic Rent and Periodic Site Rent after the expiration of the Basic Term or any Renewal Term, as the case may be, but the Lessee shall pay to the Owner Trustee or the Indenture Trustee, as the case may be, as liquidated damages, and not as a penalty, for the failure of the Lessee to return the Leased Property to the Owner Trustee or the Indenture Trustee, as the case may be, at the expiration of the Term as required by the provisions of this Section 16, an amount equal to 120% of the daily equivalent of (y) the arithmetic average of the Periodic Rent during the Basic Term, or (z) if the failure to return oc...
Engineer’s Report. Promptly after the receipt or filing thereof (but in no event later than thirty (30) days after such receipt or filing), a copy of each Engineer’s Report.
Engineer’s Report. XXXXX will prepare a draft engineer’s report, which will include a discussion of design criteria, standards, test results, design methodology, construction sequencing, etc. This report will include data/reports from the various site investigations and direction and/or decisions provided by the Authority in previous meetings/discussions.
Engineer’s Report. XXXXX will update the draft engineer’s report based on direction and/or decisions provided by the Authority in previous meetings/discussions.
Engineer’s Report. Copies of the report signed by Borrower's Engineer detailing the results of the engineers inspection of the SLF, certified to the Borrower and Bank.
Engineer’s Report. An engineer's report from an engineer approved by the Lender and dated as of a date acceptable to the Lender, which report shall, among other things, (a) conform to all requirements of the Lender and (b) certify that the Premises is in compliance with all applicable requirements of the Americans with Disabilities Act of 1990.
Engineer’s Report. As part of the 100% construction documents phase, an engineer’s report will be submitted to the Authority. The report will be a continuation of the report started during the Schematic Design phase and updated during the Construction Document phase.
Engineer’s Report. As part of the final bid documents phase, an engineer’s report will be submitted to the Authority. The report will be a continuation of the report started during the Schematic Design phase and updated during the Construction Document phase.
Engineer’s Report. The engineer’s report prepared by the consultant and submitted prior to the plans and specifications will be paid in accordance with “Special Provisions” Part I, Section A.
