Expansion Project. The City will use good faith efforts to incorporate the following sustainability and community benefits into the Expansion Project on the Roof Depot Site.
A. The project will remediate and/or encapsulate contamination, including arsenic in the soil from the former CMC Heartland Partners Lite Yard, on the Campus, including the Community Site, in accordance with the remediation plan approved by the Minnesota Pollution Control Agency and the Minnesota Department of Agriculture (the “Remediation Plan”).
B. The completed project will meet or exceed regulatory requirements and improve water quality in the watershed.
C. The buildings will be built solar-ready, with the potential ability to be future community solar gardens.
D. The project will include electric vehicle infrastructure to support the City’s green fleet policy and vehicle electrification.
E. The City will increase small and underutilized business program participation through use of Best Value Contracting for the construction bid.
F. The project will include a community bicycle repair station within the overall city campus plan.
G. The City will appoint a community-based steering committee to lead the public art commissioning and engagement process for the project. The steering committee will also be involved in selecting the artists and the art location, and the selected artist will be required to engage the community in developing the design concept for the work.
X. The City will work with the MPCA to prepare a “Cumulative Levels and Effects” analysis per Minnesota Statutes, section 116.07, subd. 4a, prior to applying for any necessary MPCA permits.
I. The City will explore options to integrate resources into the surrounding community including education and programming on lead exposure, reducing air pollution that contributes to asthma, and weatherization assistance.
J. The City will cap the vehicle count at 888 vehicles for the life of the Expansion Project and Outreach and Training Facility. (This is 530 new vehicles allowed, including 65 parking spaces for the training facility, and currently the site has 358 vehicles at any time.)
K. The City will add a new traffic study after 6 months of operations and repeat the traffic study at 5 year intervals up to 20 years of operations.
Expansion Project. 4.2.1 The Manager shall have the right of first refusal exercisable at any time after the Effective Date, to occupy, manage, operate, use and maintain the Additional Facilities which will thereafter form part of the Terminal.
4.2.2 Immediately upon GEPB deciding to develop any Additional Facilities, GEPB shall notify the Manager in writing of the details of the Additional Facilities to be developed and its proposal for the management, operation and maintenance thereof. Within thirty (30) days of receipt of such notice, the Manager shall notify GEPB in writing whether or not the Manager is interested in managing, operating and maintaining such Additional Facilities and thereafter the Parties shall negotiate, in good faith, with a view to extending this Contract upon such terms and conditions as the Parties may agree. In the event that the Parties fail to reach such agreement within three (3) months from the date of the original notice from GEPB, GEPB shall be free to submit an offer for the management, operation and maintenance of the Additional Facilities to third parties.
Expansion Project. Each of the parties hereto acknowledges that the Lessee expects to add the Expansion Project to the Project in 2006 or 2007. The Expansion Project is expected to increase the capability of the Project to generate additional power. The Expansion Project (i) will constitute a Severable Modification and an Optional Modification which, unless such Expansion Project is financed with Additional Senior Notes and/or an Additional Equity Investment pursuant to and in accordance with the terms and conditions of, the Operative Documents, will be financed by ONI (in which case the Expansion Project will not be subject to the Head Lease or the Project Lease), (ii) will not be undertaken unless and until a new power purchase agreement is entered into with respect to such additional capacity of the Expansion Project, (iii) will not be undertaken if the Improvement Conditions have not been satisfied and (iv) will not be undertaken if the implementation of the Expansion Project would reduce by more than a de minimis amount the rights and benefits of the Owner Lessor, and so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, with respect to the Project. To the extent that additional resource rights are needed for the Expansion Project, and PGV-II is willing to provide such resource rights, the parties agree to reasonably cooperate with the Lessee in securing an assignment by PGV-II back to the Lessee of such portion of the rights in the Geothermal Resource assigned to PGV-II pursuant to the Resource Sublease Partial Assignment as may be required for the Expansion Project.
Expansion Project. Seller has construction work in progress at Jordan Valley Hospital with a budgeted completion cost of $15,512,401 (the "Expansion Project"). Both Seller and Buyer wish for the work on the Expansion Project to continue during the Pre-Closing Period. To this end, Seller agrees, in all material respects and consistent with Seller's practice prior to the date hereof with respect thereto, to (i) continue to plan, design, construct, equip, obtain government approvals and implement the Expansion Project consistent with its approved plans, specifications, schedule and budget; (ii) discharge its obligations and enforce its rights against the Contractors; (iii) pay all invoices and other amounts owed to any Contractor or other party in order to fund the costs and expenses of the Expansion Project, including, without limitation, the cost of labor, materials, equipment, tools and services (the "Work") provided by any Contractor (but excluding retainage under each individual contract), in accordance with the terms and conditions of such invoice or any contract relating to the Expansion Project, including the Construction Agreement (the "Expansion Costs"); (iv) obtain from (a) the Other Contractors, an invoice (a "Cut-Off Invoice") for all Expansion Costs incurred for Work performed in connection with the Expansion Project for the period between the date of the most recent invoice prior to the date hereof and the date hereof and monthly invoices for work performed in connection with the Expansion Project thereafter in the ordinary course of business and (b) the General Contractor, all Draw Requests in the ordinary course of business; (v) provide to Buyer as soon as practicable after Sellers receipt thereof, copies of the Cut-Off Invoices and a copy of the Draw Request for the calendar month during which the date hereof occurs (the "Pro-Rated Draw Request") together with a calculation of the pro-rated amount of the Pro-Rated Draw Request, if applicable, representing the Expansion Costs for Work performed in connection with the Expansion Project from and after the date hereof; (vi) provide to Buyer monthly reports of the Expansion Costs throughout the Pre-Closing Period (which reports shall be provided within three (3) business days of the end of each calendar month and shall include, for such month, (a) the Draw Request and (b) the Other Contractor's invoices (collectively, the "Contractors' Interim Invoices"); and (vii) obtain from Buyer the approval of any material cha...
Expansion Project. The Members acknowledge and agree that the timely completion of the Expansion Project is critical to the success of the Company. The Capital Members covenant and agree to use good faith and diligent efforts (a) to cooperate with each other to finalize the Approved Development Plans and Approved Development Budget, in connection with the Expansion Project, and (b) to cause timely commencement and completion of the Expansion Project (as the same may be modified by the Board from time to time).
Expansion Project any expansion activities with respect to the Company’s facilities, including without limitation, development of new entries into and the conversion of existing storage xxxxx and the installation of new piping and related facilities.
Expansion Project. (a) Prior to making a change to the Plans relating to the Expansion Project that is materially different from the minimum facilities ("Minimum Facilities") set forth below, the Company shall obtain the prior written consent of the Holders of a majority in principal amount of the notes then outstanding.
(b) The Minimum Facilities are as follows:
(1) construction of a new hotel tower of at least 26 stories with not less than 345 rooms of each not less than approximately 510 square feet and 35 suites of each not less than approximately 900 square feet;
(2) enlargement of the gaming floor of the casino by not less than 12,000 square feet; and
(3) relocation and expansion of the existing lobby and porte cochere areas substantially in accordance with Plans.
(c) The Company shall not implement a change to the Plans that would cause budgeted construction and development costs to exceed $115.5 million, unless the Company and/or any of its Subsidiaries deposits into the Construction Disbursement Account the amount of such budgeted excess from sources other than borrowing under a Revolving Credit Facility pursuant to clause (1) of the definition of "Permitted Indebtedness."
(d) The Company will cause the construction of the Expansion Project to be undertaken with reasonable diligence and continuity.
Expansion Project. (a) The Expansion Project satisfies all the requirements for, and has been qualified by NYISO as, an Installed Capacity Supplier (as defined in the NYISO Tariff) in Load Zone J of the NYISO-administered market with a Summer DMNC rating of approximately 119 mega-wxxxx and a Winter DMNC rating of approximately 128 mega-wxxxx, each based on the latest DMNC tests as of the date hereof.
(b) (i) The “Developer’s Attachment Facilities”, the “Connecting Transmission Owner’s Attachment Facilities”, the “System Upgrade Facilities” and the “System Deliverability Upgrades”, in each case as defined in the LGIA, have in all cases been designed, procured, constructed and installed in accordance with the LGIA, and all payments or refunds due pursuant to the LGIA in respect thereof have been paid, and (ii) the “Commercial Operation Date”, as defined in the LGIA, has been achieved.
(i) All of the obligations of Texas Eastern Transmission, LP and BEC to design, construct and test the “Interconnecting Facilities” pursuant to Article II of the TETCO IA, have been satisfied, (ii) Texas Eastern Transmission, LP has received, reviewed and approved in writing the “First Flow Clearance Documentation” as defined in the TETCO IA and (iii) first flow has occurred as contemplated therein.
Expansion Project. Buyer acknowledges that the Company is in the process of expanding a portion of the pipeline that is included in the Assets and is more particularly described in Schedule 2.4 (the "Expansion Project"). The estimated aggregate cost incurred or to be incurred by the Company related to the Expansion Project up to and including the Effective Date (the "Estimated Expansion Costs") is Nine Million Dollars ($9,000,000). The Parties agree that an adjustment shall be made pursuant to the Final Settlement Statement referred to in Section 10.1 to reflect the difference between such actual costs incurred prior to the Effective Date and the Estimated Expansion Costs so that Sellers shall receive a credit if such actual costs exceed the Estimated Expansion Costs and Buyer shall receive a credit if such actual costs are less than the Estimated Expansion Costs. Buyer acknowledges that the Company has not acquired as of the date of this Agreement, all of the rights-of-way and easements required for the Expansion Project and that Buyer may have to acquire additional rights-of-way and easements necessary to complete the Expansion Project. Buyer and Sellers agree that the estimated costs to complete the entire Expansion Project described above, including contingency costs identified by Buyer in the amount of One Million Dollars ($1,000,000), have been included in the calculation of the Purchase Price. Buyer agrees to cause the Company to pay for the costs incurred by the Company to complete the Expansion Project after the Effective Date and to indemnify Sellers from and against all such costs incurred after the Effective Date. The in-service dates and associated commitments with respect to the Expansion Project are set forth on Schedule 2.4.
Expansion Project. December Xxxxxxx OntarioPublic Service Employees Xxxxx Xxxxxx Xxxx Xxxxxxx, Xxxxxxx Dear Xxxxxxx: Sincerely,
