Failure of Utility Companies to Cooperate Sample Clauses

Failure of Utility Companies to Cooperate. Developer shall use diligent efforts to obtain the cooperation 3 of each Utility Company as necessary for Utility Adjustments. Developer shall notify 4 ADOT immediately if:
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Failure of Utility Companies to Cooperate. 4 5.4.7.1 Developer shall use diligent efforts to obtain the cooperation 5 of each Utility Company as necessary for Utility Adjustments. Developer shall notify 6 ADOT immediately if Xxxxxxxxx becomes aware of any failure or refusal of a Utility 7 Company to cooperate that, if it continues, could ripen into a Utility Company Delay, 8 including if: (a) Developer is unable (or anticipates that it will be unable), after 10 diligent efforts, to reach agreement with a Utility Company on a necessary Utility 11 Agreement within a reasonable time; 12 (b) Developer reasonably believes for any other reason that any 13 Utility Company will not undertake or permit a Utility Adjustment in a manner consistent 14 with the timely completion of the Project or in accordance with Law, the Governmental 15 Approvals or the Contract Documents; 16 (c) Developer becomes aware that any Utility Company is not 17 cooperating in a timely manner to provide agreed-upon or necessary work, reviews or 18 approvals; or
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Failure of Utility Companies to Cooperate. 17 (a)‌ Developer shall use diligent efforts to obtain the cooperation of each Utility 18 Company as necessary for Utility Adjustments. Developer shall notify ADOT 19 immediately if Xxxxxxxxx becomes aware of any failure or refusal of a Utility 20 Company to cooperate that, if it continues, could ripen into a Utility Company 21 Delay, including if: 22 (i) Developer is unable (or anticipates that it will be unable), after diligent 23 efforts, to reach agreement with a Utility Company on a necessary Utility 24 Agreement within a reasonable time; 25 (ii) Developer reasonably believes for any other reason that any Utility 26 Company will not undertake or permit a Utility Adjustment in a manner 27 consistent with the timely completion of the Project or in accordance with 28 Law, the Governmental Approvals or the Contract Documents;
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Failure of Utility Companies to Cooperate. 5.10.7.1 Developer shall use diligent efforts to obtain the cooperation (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Company on a necessary Utility Agreement within a reasonable time; (b) Developer reasonably believes for any other reason that any Utility Company will not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project or in accordance with Law, the Governmental Approvals or the Contract Documents; (c) Developer becomes aware that any Utility Company is not cooperating in a timely manner to provide agreed-upon or necessary work or approvals; or (d) Any other dispute arises between Developer and a Utility Company with respect to the Project, despite Developer's diligent efforts to obtain such Utility Company’s cooperation or otherwise resolve such dispute. This notice may include a request that ADOT assist in resolving the dispute or in otherwise obtaining the Utility Company’s timely cooperation. Developer shall provide ADOT with such information as ADOT requests regarding the Utility Company's failure to cooperate and the effect of any resulting delay on the Project Schedule. After delivering to ADOT any notice or request for assistance, Developer shall continue to use diligent efforts to pursue the Utility Company’s cooperation. 5.10.7.2 If Developer requests ADOT’s assistance pursuant to (a) Developer shall provide evidence reasonably satisfactory to ADOT that: (i) the subject Utility Adjustment is necessary; (ii) the time for completion of the Utility Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such work; (iii) Developer has made diligent efforts to obtain the Utility Company’s cooperation; and (iv) the Utility Company is not cooperating (the foregoing clauses (a)(i) through (iv) are referred to herein as the “conditions to assistance”). (b) Following ADOT’s receipt of satisfactory evidence, ADOT will take such reasonable steps as Developer may request to assist Developer in obtaining the cooperation of the Utility Company or resolving the dispute; provided, however, that ADOT will have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any other remedy available to it under applicable Law or existing contract, unless ADOT elects to do so in its sole discretion. (c) If ADOT holds contractual or property rights that might be us...
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Failure of Utility Companies to Cooperate. Developer shall use diligent efforts to obtain the cooperation 12 of each Utility Company as necessary for Utility Adjustments. Developer shall notify 13 ADOT immediately if Xxxxxxxxx becomes aware of any failure or refusal of a Utility 14 Company to cooperate that, if it continues, could ripen into a Utility Company Delay, 15 including if: 16 Developer is unable (or anticipates that it will be
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Related to Failure of Utility Companies to Cooperate

  • Payment of Utilities Pay for electricity and all other utilities consumed in or relating to the Subject Unit and proportionately for the Common Portions.

  • New utilities (i) The Contractor shall allow, subject to the permission from the Authority and such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electricity lines/ cables or other public utilities. Where such access or use causes any financial loss to the Contractor, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct and maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith at the cost of the Authority. (ii) The Authority may, by notice, require the Contractor to connect any adjoining road to the Project Highway, and the connecting portion thereof falling within the Site shall be constructed by the Contractor at the Authority’s cost in accordance with Article 10. (iii) The Authority may by notice require the Contractor to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, whereupon the connecting portion thereof that falls within the Site shall be constructed by the Contractor on payment of the cost. The cost to be paid by the Authority to the Contractor shall be determined by the Authority’s Engineer. For the avoidance of doubt, in the event such road is to be constructed for the benefit of any entity, the Authority may require such entity to make an advance deposit with the Contractor or the Authority, as the case may be, of an amount equal to the estimated cost as determined by the Authority’s Engineer and such advance shall be adjusted against the cost of construction as determined by the Authority’s Engineer hereunder. (iv) In the event construction of any Works is affected by a new utility or works undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to a reasonable Time Extension as determined by the Authority’s Engineer.

  • INDEMNITY/COMPLIANCE 4.1 A-E shall indemnify, defend with counsel approved in writing by COUNTY, and hold harmless, the COUNTY, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against A-E or the COUNTY or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this CONTRACT. 4.2 All PROJECTS/SERVICES submitted by A-E shall be complete and shall be carefully checked prior to submission. A-E understands that COUNTY's checking is discretionary, and A-E shall not assume that COUNTY will discover errors and/or omissions. If COUNTY discovers any errors or omissions prior to approving A-E's PROJECTS/SERVICES, the PROJECTS/SERVICES will be returned to A-E for correction. Should COUNTY or others discover errors or omissions in the work submitted by A-E after COUNTY's approval thereof, COUNTY's approval of A-E's PROJECTS/SERVICES shall not be used as a defense by A-E.

  • Opinion of General Counsel of the Company The General Counsel of the Company, shall have furnished to the Representatives, at the request of the Company, a written opinion, dated the Closing Date and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representatives and substantially in the form previously agreed by the parties hereto.

  • Opinion of General Counsel for the Company The General Counsel of the Company shall have furnished to the Representatives, at the request of the Company, his written opinion, dated the Closing Date and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representatives, to the effect set forth in Annex A-2 hereto.

  • Opinion of Intellectual Property Counsel for the Company Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation, intellectual property counsel for the Company, shall have furnished to the Representatives, at the request of the Company, their written opinion, dated the Closing Date or the Additional Closing Date, as the case may be, and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representatives.

  • Maintenance of Existence; Compliance (a) (i) Preserve, renew and keep in full force and effect its organizational existence and (ii) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business, except, in each case, as otherwise permitted by Section 7.4 and except, in the case of clause (ii) above, to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) comply with all Contractual Obligations and Requirements of Law except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Formation of Limited Liability Company The Company was formed on January 13, 2017, pursuant to the Delaware Limited Liability Company Act, 6 Del. C. § 18-101, et seq., as amended from time to time (the “Delaware Act”), by the filing of a Certificate of Formation of the Company with the office of the Secretary of the State of Delaware. The rights and obligations of the Member and the administration of the Company shall be governed by this Agreement and the Delaware Act. To the extent this Agreement is inconsistent in any respect with the Delaware Act, this Agreement shall control.

  • Opinion of Intellectual Property Counsel for Company At the Closing Time, the Representatives shall have received the opinion, dated the Closing Time, of Fox Rothschild LLP, intellectual property counsel for the Company, in form and substance satisfactory to counsel for the Underwriters, together with signed or reproduced copies of such letter for each of the other Underwriters.

  • Good Standing and Government Compliance Borrower shall maintain its and each of its Subsidiaries’ organizational existence and good standing in the Borrower State, shall maintain qualification and good standing in each other jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect, and shall furnish to Bank the organizational identification number issued to Borrower by the authorities of the jurisdiction in which Borrower is organized, if applicable. Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Borrower shall comply in all material respects with all applicable Environmental Laws, and maintain all material permits, licenses and approvals required thereunder where the failure to do so could reasonably be expected to have a Material Adverse Effect. Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, and shall maintain, and shall cause each of its Subsidiaries to maintain, in force all licenses, approvals and agreements, the loss of which or failure to comply with which would reasonably be expected to have a Material Adverse Effect.

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