Facility Development And Construction Clause Samples
Facility Development And Construction. The Members acknowledge that, pursuant to the terms and conditions of that certain Right of First Offer Agreement by and among ▇▇▇▇▇ Entertainment Resorts, Inc., ▇▇▇▇▇ Entertainment Resorts Holdings, L.P. and ▇▇▇▇▇ Organization, LLC (“Developer”), dated May 20, 2005 (the “ROFO Agreement”), Developer has a right of first offer to provide construction management services, general contracting services and development management services for a “Covered Project” as defined in the ROFO Agreement, and that the construction of the Facility by the Company constitutes a “Covered Project” subject to the ROFO Agreement. Accordingly, the Company shall comply with the terms of the ROFO Agreement as a “Company Party” as defined therein. In the event that, following compliance with the terms of the ROFO Agreement, no agreement is reached between the Company and the Developer regarding the development of the Facility, then the Members hereby designate TER to develop the Facility on behalf of the Company in accordance with the provisions of this Section 7.3.
Facility Development And Construction. The Company agrees to provide for all aspects of the development and construction of the Facility at its own expense. All aspects of development and construction of the Facility include, but are not limited to:
(i) compiling and submitting necessary studies and reports to federal, state, and local agencies; (ii) securing necessary authorizations and permits relative to the Facility and coordinating with the Board with respect to any related permitting requirements of the Facility and the Landfill; and (iii) obtaining the necessary funds to develop and construct the Facility. The Facility shall be developed, designed and constructed in substantial accordance with the proposal submitted by the Company in response to the Board’s RFP 120032, which is hereby incorporated by reference into this Service Agreement, as well as the description of the Facility contained in Attachment A to this Service Agreement.