Existing Projects. The Vacation Ownership Properties listed on Exhibit I to this Agreement shall be deemed “Licensed Vacation Ownership Properties” herein.
Existing Projects. The Parties shall be able to take into account, in their nutrient management actions, projects that accomplish their designated responsibilities to the extent that such projects were completed and became operational on or after January 1, 1995.
Existing Projects. The parties hereto acknowledge and agree that all Existing Project shall be and remain in the Borrower Base, subject to the terms and conditions from forth herein from and after the Amendment Closing Date. In connection with amended and restated this Agreement and certain other of the Loan Documents, Borrower shall deliver the following fully executed original documents: (i) an Amendment to Deed of Trust of even date herewith relating to the existing Deed of Trust for each Existing Project; (ii) an Amended and Restated Subordination Agreement for the Existing Project known as “Tamarind”; (iii) a Reaffirmation and Amendment of Subordination Agreement for the Existing Project known as “Candera”; and (iv) such other related documents evidencing, relating to and securing the obligations hereunder as reasonably required by Lender.
Existing Projects. The Parties understand that a number of the ----------------- clients of the FDGTI Group view the previous involvement of the Fluor Xxxxxx Group in the business of the FDGTI Group as a benefit to such clients. The Parties agree that it is in the best interests of the clients and the Parties to minimize disruption to such clients that may arise from the sale by the Fluor Xxxxxx Group of its ownership interest in FDGTI. Accordingly, the Parties agree that they will work together in Good Faith to minimize any such possible disruption and to use commercially reasonable efforts to maintain for FDGTI its existing projects. Fluor Xxxxxx shall not, however, be required by the terms of this Agreement to give any corporate guarantees or other contractual assurances to such clients.
Existing Projects. El Toro owns and operates an existing recycled water system consisting of a secondary and tertiary wastewater reclamation plant, distribution system, and storage (Existing Project). The Existing Project has a capacity of 1,175 AFY and is currently serving the Laguna Xxxxx Village golf course, various landscaped areas, homeowners associations, school, and on-site process and irrigation uses within the water recycling plant’s treatment facilities. There is now in effect an LRP agreement No. 123037 for the Existing project. Existing Project is not part of this agreement. Agreement 123037 was amended to reduce the contractual yield to 1,050 AFY.
Existing Projects. The Vacation Ownership Properties listed on Exhibit I of the Original Agreement, as may have been updated between the Parties through the date hereof, or as may be updated among the Parties in the future, shall be deemed “Licensed Vacation Ownership Properties” herein. Additionally, Diamond Properties that are approved by Licensor to carry the New Brand pursuant to 5.2(d) below shall also be deemed “Licensed Vacation Ownership Properties.”
Existing Projects. A. The Existing Projects are listed on Exhibit B to this Agreement. Licensee may continue to operate the Existing Projects under the System and Brand Standards in accordance with the terms and conditions of this Agreement. Each Existing Project may operate only under the applicable Project name set forth in Exhibit B, which Project name may be changed only in accordance with the naming protocol set forth in the Brand Standards.
B. In the event that Licensee delegates (or prior to the Effective Date has delegated) the authority to operate an Existing Project to an Affiliate, Licensee shall sublicense to such Affiliate the right to operate the applicable Existing Project under the form of sublicense agreement attached as Exhibit E, under which such Affiliate will be required to operate the Existing Project in accordance with the sublicense agreement and the terms and conditions of this Agreement, and such Affiliate will agree to be bound by the same responsibilities, limitations, and duties of Licensee under this Agreement with respect to such Existing Project. Licensee shall provide Licensor with a fully-executed copy of each sublicense agreement entered into hereunder promptly following its execution and will notify Licensor in writing upon the termination or expiration of any sublicense agreement. Except to the extent required by Applicable Law, Licensee shall not amend or otherwise modify any such sublicense agreement without Licensor’s prior written approval.
Existing Projects. Service Provider will perform each Project set forth in Schedule 10 (Existing Projects), completing all Project Milestones and providing all Deliverables in accordance with the applicable Work Order. If the Fees for any such existing Project are based on time and materials, then the Project rates set forth in Schedule 6 (Fees) will apply to such Project.
Existing Projects. The Vacation Ownership Properties listed on Exhibit I of the Original Agreement, as may have been updated between the Parties through the date hereof, or as may be updated among the Parties in the future, shall be deemed “Licensed Vacation Ownership Properties” herein. Additionally, Diamond Properties that are approved by Licensor to carry the Diamond Converted Brand and Bluegreen Properties that are approved by Licensor to carry the Bluegreen Converted Brand, in each case pursuant to Section 5.10, shall, in each case, also be deemed “Licensed Vacation Ownership Properties” except when used in Sections 3.1(a) through 3.1(c) as limited by the last sentence of Section 3.5.
Existing Projects. (i) For the Existing Projects set forth on Schedule 9 which MWSS has awarded a contract to a third party through a public tender prior to the Commencement Date:
(A) the Concessionaire shall assume supervisory responsibility for such Existing Projects (subject to the provisions of the relevant MWSS Loan documentation); and
(B) the interest, principal and fee obligations related to the disbursed amounts of MWSS Loans designated for such Existing Projects, together with the Local Component costs identified in Schedule 9 and Cost Overruns, shall be covered by the Concession Fee.
(ii) For Existing Projects set forth on Schedule 9 which MWSS has not awarded a contract to a third party through a public tender prior to the Commencement Date the Concessionaire shall have the option within 30 days following the Commencement Date to:
(A) continue with the project design and funding in the same manner as initially contemplated by MWSS and the lender to such Project;
(B) amend the project design and funding in collaboration with MWSS and the respective lender to such Project; or
(C) notify MWSS and the lender to such Project of the Concessionaire’s intent to cancel such Project and its related financing. In the event the Concessionaire does not cancel such Project pursuant to sub-clause (C) above;
(1) the Concessionaire shall assume supervisory responsibility for such Existing Projects (subject to the provisions of the relevant MWSS Loan documentation);
(2) the interest, principal and fee obligations related to the disbursed amounts of MWSS Loans designated for such Existing Projects together with the Local Component costs identified in Schedule 9 and Cost Overruns, shall be covered by the Concession Fee; and
(3) MWSS and the Concessionaire shall, with the consent of the respective order, set out in writing the details relating to the exercise of the Concessionaire’s supervisory responsibility for such Existing Project.
