Facility Development. With respect to the Facilities, WCCI shall begin construction on converting the Facilities pursuant to the following development schedule:
A) December 1, 1998 Facility located at 000 Xxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxx
B) December 15, 1998 Facility located at 0000 Xxxxx Xxxxxxxx, Xxxxx, Xxxxxxxx
C) January 15, 1999 Facility located at 0000 Xxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxx
D) March 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999
E) May 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I, 1999
F) July 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I, 1999
G) September 15, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999
H) December 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 In the event WCCI elects not to develop the Facilities identified as (G) and (H) above, WCCI shall pay to NYBE the sum of Two Thousand Five Hundred Dollars ($2,500.00) per Facility and, shall *Prior to the commencement of construction on any Facility, WCCI shall obtain a bid for the costs and expenses associated with the conversion and opening of that Facility and shall deliver such bid to NYBE. It is understood and agreed by the parties hereto that WCCI shall pay the first One Hundred Fifty Thousand Dollars ($150.000.00) of the conversion costs with respect to any particular Facility, and the Project Entity shall pay the additional costs and expenses associated with the conversion. In the event WCCI fails to meet the development schedule, its obligation to corem-byte the first One Hundred Fifty Thousand Dollars ($150,000) shall increase each month by the amount of rent for the particular Facility that is behind schedule until such time as construction **Notwithstanding anything to the contrary contained herein, it is understood and agreed by the parties hereto that WCCI shall pay seventy percent (70%) and NYBE shall pay thirty percent (30%), respectively, of the pre-opening costs and expenses, relating to the construction and opening of this Facility. Therefore be released from its obligation to convert these Facilities. WCCI shall have the right to substitute Facilities into the development schedule, or rearrange the order in which the Facilities are to be developed, provided that the development schedule timing is not affected.
Facility Development. LESSOR reserves the right to further develop or improve the landing area or any other area, building or other improvement within the present or future boundaries of Airport as it sees fit in its sole judgment regardless of the desires or view of LESSEE and without interference or hindrance by XXXXXX. Further, LESSOR retains the absolute right to maintain, repair, develop and expand or replace the terminal building, utilities, ramps, taxiways, runways, streets, roadways, sidewalks, any other airport facility, airport improvement or airport property free from any and all liability to LESSEE for loss of business or damage of any nature whatsoever as may be occasioned during or because of the performance of such maintenance, repair, development, expansion or replacement.
Facility Development. Following approval of a lease, the Contractor shall use all reasonable efforts to cause the Concession Operator to proceed promptly with design development and construction of facilities. The Contractor and the Concession Operators shall comply with the following procedures for the development of facilities and services at the Airport.
Facility Development. At Concessionaire's sole cost and expense, Concessionaire shall be responsible for the scheduling and securing of all environmental permits, design, construction permits, construction, construction mitigation measures, completion, and installation of facility improvements, décor, equipment, fixtures, and furnishings as described in the Concessionaire’s Facility Improvement Plan, incorporated herein and made part of this Contract as Exhibit J. Implementation of the Plan shall generally follow:
1) Plan Amendment: Concessionaire shall meet with State within three (3) months of contract execution to review the implementation plan and modify as reasonable and necessary to meet the intention of the State for this concession operation and the mission of the Department.
Facility Development. Unless the FACILITY already is open and operating, you are responsible for developing the FACILITY. We will give you mandatory and suggested specifications and layouts for a Cookie System Facility, including requirements for dimensions, design, image, interior layout, decor, fixtures, equipment, signs, furnishings and color scheme. You must prepare all required construction plans and specifications to suit the shape and dimensions of the Premises and insure that these plans and specifications comply with applicable ordinances, building codes, permit requirements and Lease requirements and restrictions. You must submit construction plans and specifications to us for approval before you begin constructing the FACILITY and all revised or "as built" plans and specifications during the course of construction. Our review is limited to ensuring that you comply with our design requirements. You agree to employ licensed architects and general contractors whom we approve to prepare required plans, drawings and construction specifications and to develop the FACILITY. We may inspect the Premises periodically during the FACILITY's development. You agree, at your own expense, to do the following to develop the FACILITY at the Premises:
(1) secure all financing required to develop and operate the FACILITY and have acceptable payment and performance bonds issued jointly to you and us as we periodically require;
(2) obtain all building, utility, sign, health, sanitation, business and other permits and licenses required to construct and operate the FACILITY;
(3) give us copies of any documents that we require from time to time;
(4) construct all required improvements to the Premises and decorate the FACILITY under plans and specifications we have approved;
(5) purchase or lease and install all required fixtures, furniture, equipment, furnishings and signs ("Operating Assets") required for the FACILITY; and
(6) purchase an opening inventory of authorized and approved products, materials and supplies ("Supplies"). You agree diligently to pursue the FACILITY's construction. If you stop constructing the FACILITY for more than seven (7) consecutive or non-consecutive days without our prior written approval, or if the FACILITY otherwise is not completed, fully equipped and operational and open for regular business on or before the date we or the landlord of the Premises specifies, whichever is earlier, we may enter the Premises and take any action that we deem necessary or approp...
Facility Development. (A) At the times provided in this Article 4.1(A), Seller shall (i) submit quarterly or monthly (as applicable) progress reports to Buyer advising Buyer of the current status of each Construction Milestone, any significant developments or delays along with an action plan for making up delays, and Seller’s best estimate of the Commercial Operation Date; and (ii) invite Buyer to participate in quarterly or monthly (as applicable) meetings to discuss the progress reports, answer questions, and assess the schedule. Commencing on the first day of the calendar quarter next following the Effective Date and continuing until Seller is required to provide monthly reports under this Article 4.1(A), Seller shall provide Buyer with the quarterly reports required under this Article. Commencing on the first day of the month next following the month in which Seller gives a full notice to proceed with the construction of the Facility and continuing until the Commercial Operation Date, Seller shall provide Buyer with the monthly reports required under this Article.
(B) Upon written request delivered reasonably in advance, Buyer shall have the right to monitor the construction, start-up, testing, and operation of the Facility at the Facility for compliance with this PPA, not more than five (5) times per calendar year, provided, however, that Buyer, any of its Affiliates, and any of their officers, directors, employees, contractors and agents shall comply with all of Seller’s applicable safety and health rules and requirements. Buyer’s monitoring of the Facility shall not be construed as inspections or endorsing the design thereof nor as any express or implied warranties including performance, safety, durability, or reliability of the Facility.
(C) Seller shall notify Buyer (i) sufficiently in advance of any known upcoming significant inspections by any Governmental Authority at the Facility to allow Buyer the opportunity to attend; provided, however, that Seller shall not be required to re-schedule or postpone any such inspections in the event that Buyer is not able to attend, and (ii) promptly after any unscheduled or impromptu inspection with a description of the nature and outcome of such inspection. While at the Facility, any of Buyer’s representatives attending any such inspections shall comply with all of Seller’s applicable safety and health rules and requirements and shall conduct themselves in a manner that will not interfere with the operation of the Facility.
Facility Development. Development of the Property for public recreational purposes shall proceed in accordance with the Sunset School Site & Boeing Creek Open Space master plan, attached as Exhibit A to this Agreement. The current covered play area, shown on Exhibit B to this Agreement, shall not be demolished and shall be made available for recreational use.
Facility Development. The Trustee will be responsible for the supply and erection of vehicle barriers if required, and the erection of any signs. The Service will provide the necessary signs, and may assist with fencing and gate materials.
Facility Development. Subject to the Company's acquisition of legal title to the Facility Site, and the Company's receipt of all necessary Permits and associated approvals authorizing the development, construction and operation of the Facility, the Company shall develop, construct and operate the Facility on and within the Facility Site. The Company agrees that the permitting, development, construction and operation of the Facility will comply in all respects with the Act and the Solid Waste Rules, and with all other applicable Environmental Laws, (subject to the Company’s right to contest in good faith the interpretation, application, and enforcement of any such laws).
Facility Development. (a) Subject to the Company's acquisition of legal title to the Facility Site, and the Company's receipt of all necessary Permits and associated approvals authorizing the development, construction and operation of the Facility, the Company shall develop, construct and operate the Facility on and within the Facility Site. The Company agrees that the permitting, development, construction and operation of the Facility will comply in all respects with the Act and the Solid Waste Rules, and with all other applicable Environmental Laws, (subject to the Company's right to contest in good faith the interpretation, application, and enforcement of any such laws). Should the Company fail to obtain all necessary Permits and associated approvals
(b) Within sixty (60) days of the Effective Date of this Agreement, tThe
(c) Within sixty (60) days of the Effective Date of this Agreement, thethe
