Facility Improvements. It is anticipated by the parties that certain improvements as more particularly described on Exhibit D of this Agreement as well as additional improvements to the Premises (the “Facility Improvements”) will be made to the Parking Facility by Landlord within a year after the Effective Date. Landlord will give Tenant thirty (30) days written notice prior to commencing work on the Facility Improvements. Upon completion of the Facility Improvements, Tenant shall pay Landlord for the actual and reasonable costs of those Facility Improvements listed on Exhibit F within thirty (30) days of written request by Landlord accompanied by invoices substantiating the cost; provided that Tenant’s Obligation to pay for any Facility Improvements shall not equal or exceed Thirty Thousand Dollars ($30,000.00). During the construction of the Facility Improvements, Landlord will engage in construction activities that may result disruptions, reductions or disturbances including, without limitation, any number of the following:
i. The disruption of Tenant’s (and its employees and invitee’s) access to the Premises;
ii. Construction related noise, dust and debris; and
iii. The temporary disturbance of Tenant’s use and occupancy of the Premises. Landlord shall cause the Facility Improvements to be completed within the first year of the Term and to be completed within three (3) days of commencement of the Facility Improvements (“Facility Improvements Period”). Tenant shall be entitled to an abatement of Basic Rent for the period that the Parking Facility is not available for use by Tenant after expiration of the Facility Improvement Period. The Rent shall be prorated according to the portion of the Parking Facility not available for use during any period of time exceeding the Facility Improvement Period for the monthly rental period during which all or a portion of the Parking Facility is not available. The abatement shall equal to Tenant’s Rent for the period of time beyond the Facility Improvements Period that all or such portion of the Parking Facility is closed. Tenant agrees that the activities related to the Facility Improvements shall not constitute an actual or constructive eviction of Tenant, a default by Landlord under this Lease or a violation of Tenant’s right of quiet enjoyment.
Facility Improvements. Subject to Section 4 of the Quality Agreement, Emergent may implement Facility Improvements upon providing written notice thereof to Aptevo, which notice shall include the timeline for implementing such Facility Improvement and an assessment of the impact of such Facility Improvement, if any, on the Products; provided that, Emergent shall consider in good faith the extent to which such Facility Improvements would have any adverse impact on the Product, including adverse impacts on Batch yield or Product safety, efficacy, stability or shelf life, before making such Facility Improvements. Emergent will bear all costs and expenses associated with Emergent’s implementation of any Facility Improvement.
Facility Improvements. All leasehold improvements and fixtures located at the Facility (the "Facility Improvements").
Facility Improvements. The Supplier has completed or is currently undertaking the following investments at the Dunkerque Facility: • Replacement of all molten metal transportation trucks (in progress) • *** station refurbishment (completed) • Alloying elements weighting station refurbishment (in progress) • Furnace weighting system - Batch pilot (in progress) • *** implementation in furnaces for *** control (in progress) • The Supplier is currently considering other steps to be implemented in the 2011 Contract Year at the Dunkerque Facility, including implementing ***, and may also consider including further investments that it may determine to be necessary or advantageous to meeting its objectives. • The Supplier may make any appropriate changes to the investments described above in order to address health, safety and environment, quality, ergonomics and/or economic matters. • The Supplier has commenced the introduction of the “Lean” operating process and intends to continue to work with a view to improving its operational performance at the Dunkerque Facility, in order to satisfy its obligations to the Purchaser and improve its metal quality and supply chain performance under this Agreement. • In order to implement the facility and operational improvements described in this Schedule 9, the Supplier requires the Purchaser’s co-operation. The planning lead time and adequate notice of the mix and quantities of products to be supplied to the Purchaser are essential to improving quality and service at the Dunkerque Facility. The Parties’ cooperation will focus on continuous improvements. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Facility Improvements. If Amtrak agrees to maintain LVRE Equipment, modifications to 8xx Xxxxxx Yard are necessary, and would be funded by LVRE with the understanding that such investments could be used by Amtrak to support its own intercity services when not necessary to accommodate LVRE Equipment ("Facility Improvements"). Amtrak shall own the Facility Improvements. Amtrak is being considered to perform the following related to the Facility Improvements:
1) Amtrak to supervise and manage the design and construction of Facility Improvements;
2) Consideration of financial reduction in maintenance payments for a specified period of time to be agreed upon by the Parties in exchange for Facility improvements;
3) Until Facility Improvements are completed, Amtrak will arrange for and accommodate all agreed upon services requested by LVRE so long as it does not interfere with Amtrak intercity service obligations;
Facility Improvements. Concessionaire shall plan, design, construct, and complete all concession facility improvements as described in Concessionaire’s Facility Improvement Plan, attached hereto as Exhibit J, without cost to State and in compliance with Contract Section 25, Construction and Completion of Improvements, with a minimum expenditure of two million dollars ($2,000,000) by the end of contract year five (5). Any penalties, lien charges, and/or costs to resolve construction related disputes shall not be included in the minimum expenditure amount. After completion of all concession facility improvements and acceptance by State, if there remains an unspent balance of the two million dollars ($2,000,000), Concessionaire shall pay this unspent balance to State as an additional rental payment within thirty (30) days from State’s acceptance of the concession facility improvements.
Facility Improvements. As of the Effective Date, Lessee hereby represents and warrants to Lessor that the “Work” has been completed and Lessor and Lessee acknowledge and agree that the “Escrow” has been fully disbursed (as such terms are defined in the Second Amendment to the Existing Sun Master Lease).
Facility Improvements. Subject to the prior written consent of Project Company and the Agent (in accordance with the Lenders' Direct Agreement), if Project Company shall be requested by GPA to (a) increase the generation capacity of the Facility or (b) add equipment, then Project Company shall (once all relevant details have been agreed by Project Company and GPA) implement and prosecute such request at GPA's expense. Notwithstanding the first sentence of this Article 10.8, the Project Company shall not prosecute and implement such request until: GPA and the Project Company shall have agreed on the feasibility, schedule and cost of such implementation and additional construction (if any), with capital costs and operational costs being recoverable through Supplemental Charges or by direct cost-plus reimbursement at the discretion of the Project Company; the financing for such implementation and construction (if any) has been obtained; and appropriate adjustments to the Price (if any), including the Capacity Charge and the Energy Charge, have been agreed, and taking into account any lost revenue due to necessary Facility outages and all other costs or Losses to be incurred by Project Company consequent upon implementation of such changes.
Facility Improvements. Subject to the prior written consent of Project Company and the Agent (in accordance with the Lenders' Direct Agreement), if Project Company shall be requested by GPA to (a) increase the generation capacity of the Facility or
Facility Improvements. 4.1. OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH
4.1.1. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or construction.
4.1.2. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
4.1.3. Concessionaire shall submit to the Director fully complete and ready to bid plans and specifications (which could include design for replacement of all existing plumbing and drainage elements, including but not limited to grease lines, grease traps, and food and beverage preparation area floor coverings for all phases of construction, together with fully developed demolition and build out schedules (inclusive of start dates for demolition and construction, the sequencing of work by trade, milestones, dates of substantial completion, and the date Concessionaire will begin operating its Concession in each Facility)) for all the Facilities set for...
