Facilities to be Constructed Sample Clauses

Facilities to be Constructed. Section 3.5
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Facilities to be Constructed. SAMP agrees to construct in a good and workmanlike manner the buildings, structures, horizontal and vertical infrastructure, and facilities on the Leased Property as well as all related improvements not located on the Leased Property as may be required by law to obtain the necessary development orders and building permits, all initially described in the Preliminary Conceptual Plan and subsequently detailed in the Approved Plans and the Governmental Approvals, and which conform to and are in accordance with the terms of this Lease. Xxxxxx agrees to cause the Lessee Improvements to be constructed on the St. Xxxxxxx Xxxxxx in accordance with the plans and specifications submitted to the Lessor for review and reasonable approval as provided below, which shall include any work or equipment to be performed or installed by Lessee (including any new structural, mechanical or electrical work or equipment) on or within the St. Xxxxxxx Xxxxxx (including both uplands and submerged lands), in addition to any dredging, filling, grading or other horizontal development work on all or any part of the St. Xxxxxxx Xxxxxx (the “Plans”). Prior to commencement of construction of the Lessee Improvements, the Plans for such Lessee Improvements shall be submitted to the City Manager of Lessor for review and approval in Lessor’s proprietary capacity under this Lease which approval shall not be unreasonably withheld, conditioned or delayed. Within fourteen (14) days of receipt of the Plans (but not to exceed thirty (30) days of receipt of the Plans to the extent review of the Plans by the City Manager of Lessor reasonably requires consultation with any third-party consultant), the City Manager of Lessor shall give Lessee written notice of either Lessor’s proprietary approval or disapproval setting forth the reasons therefore and failure to respond in any manner by the Lessor shall be deemed approval of the Plans, which approval shall remain subject to Lessor’s approval in its regulatory capacity or in the exercise of its police power under Governmental Regulations. In the event that the City Manager of Lessor disapproves the Plans, Lessee shall within ten (10) business days of receipt of the notice modify the Plans in accordance with the reasons set forth in Xxxxxx’s disapproval notice or meet with Xxxxxx to discuss a resolution to any disagreement over changes in the Plans, if applicable. The modified Plans shall be resubmitted to Lessor for Xxxxxx’s final review and approval (not ...
Sample 1
Facilities to be Constructed. Developer agrees to construct the buildings and structures on the Leased Property, and the related improvements, as set forth in the Approved Plans, not located on the Leased Property, in a good and workmanlike manner, containing the facilities more particularly described in the Site Plan, the Approved Plans and the Governmental Approvals, and which conform to and are in accordance with the terms of this Lease, the Intracoastal Parcel License Agreement, the Xxxxxxx Street License Agreement and the Trademark License Agreements.
Sample 1
Facilities to be Constructed. Pursuant to the terms and conditions of the Open Access Transmission Tariff and associated Service Agreement, the facilities to be constructed, as necessary for the Transmission Provider to provide the requested Network Integration Transmission Service, are as described below. The Transmission Customer shall be responsible for the costs of such construction as defined within the Service Agreement.
Sample 1
Facilities to be Constructed. The Developer shall prepare and attach a separate, revised exhibit detailing the plans and specifications and detailed cost opinion for all water, wastewater, drainage and transportation improvements contained within a dedicated right-of-way and easement. Said exhibit shall be attached and incorporated within this amended Agreement as “Exhibit „B‟ – System Improvements.”
Sample 1
Facilities to be Constructed. MFP shall be responsible for all Improvement Costs associated with the construction and installation of the Improvements pursuant to the terms of this Agreement, subject to the obligation of the City to pay for any Impositions. Furthermore, the City acknowledges that the funds set aside for the Improvement Costs and Park Site Development by MFP qualify MFP for credits against the imposition of park impact fees in the manner contemplated by Section 13-16(e) of the Code.
Sample 1
Facilities to be Constructed. JoePC agrees to construct in a good and workmanlike manner the buildings, structures, horizontal and vertical infrastructure, and facilities on the Leased Property as well as all related improvements not located on the Leased Property as may be required by law to obtain the necessary development orders and building permits, all initially described in the Site and Complex Plan and subsequently detailed in the Approved Plans and the Governmental Approvals, and which conform to and are in accordance with the terms of this Lease.
Sample 1
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Facilities to be Constructed 
Sample 1

Related to Facilities to be Constructed

  • All Terms to be Conditions The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.

  • EXCEPTIONS OR REVISIONS WILL BE CONSIDERED DIR shall have the absolute right to terminate the Contract without recourse in the event that:

  • NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED In the event the Contract expires or is terminated for any reason, a Customer shall retain its rights under the Contract and the Purchase Order issued prior to the termination or expiration of the Contract. The Purchase Order survives the expiration or termination of the Contract for its then effective term.

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • No Strict Construction The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.

  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.

  • FAIR CONSTRUCTION & INTERPRETATION The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

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