Grant of Permit. (a) Pursuant to the Act and subject to the terms and conditions of this Agreement, the Department grants to the Developer the exclusive right, and the Developer accepts (i) the obligation to develop, design, finance, construct, operate and maintain the Project (including without limitation the obligation to develop, design, finance and construct the Transferred Project Assets) and (ii) the right to establish, impose, charge, collect, use and enforce payment of tolls and related charges (the “Permit”). (b) The Department’s grant of the Permit pursuant to Section 4.01(a), and the Developer’s obligations with respect thereto pursuant to Section 4.01(a), are conditional upon Financial Close having occurred in accordance with Section 7.06; provided however that portions of the Work may be performed by the Developer prior to Financial Close pursuant to Section 8.02. (c) In consideration of the Permit granted to the Developer by the Department pursuant to this Section 4.01, the Developer will perform the Work in accordance with the terms hereof at its own expense except as otherwise provided herein and pay (to the extent required) to the Department the Permit Fee in accordance with the Permit Fee calculation attached as Exhibit J.
Appears in 4 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Grant of Permit.
(a) Pursuant to the Act and subject to the terms and conditions of this Agreement, the Department grants to the Developer the exclusive right, and the Developer accepts (i) the obligation to develop, design, finance, construct, operate and maintain the Project (including without limitation the obligation to develop, design, finance and construct the Transferred Project Assets) and (ii) the right to establish, impose, charge, collect, use and enforce payment of tolls and related charges (the “Permit”).
(b) The Department’s grant of the Permit pursuant to Section 4.01(a), and the Developer’s obligations with respect thereto pursuant to Section 4.01(a), are conditional upon Financial Close having occurred in accordance with Section 7.06; provided however that portions of the Work may be performed by the Developer prior to Financial Close pursuant to Section 8.02.
(c) In consideration of the Permit granted to the Developer by the Department pursuant to this Section 4.01, the Developer will perform the Work in accordance with the terms hereof at its own expense except as otherwise provided herein and pay (to the extent required) to the Department the Permit Fee in accordance with the Permit Fee calculation attached as Exhibit J.
Appears in 2 contracts
Grant of Permit.
(a) Pursuant to the Act and subject to the terms and conditions of this Agreement, the Department grants to the Developer the exclusive right, and the Developer accepts (i) the obligation to develop, design, finance, construct, operate and maintain the Project (including without limitation the obligation to develop, design, finance and construct the Transferred Project Assets) and (ii) the right to establish, impose, charge, collect, use and enforce payment of tolls and related charges (the “Permit”).
(b) The Department’s grant of the Permit pursuant to Section 4.01(a), and the Developer’s obligations with respect thereto pursuant to Section 4.01(a), are conditional upon Financial Close having occurred in accordance with Section 7.06; provided however that portions of the Work may be performed by the Developer prior to Financial Close pursuant to Section 8.02.
(c) In consideration of the Permit granted to the Developer by the Department pursuant to this Section 4.01, the Developer will perform the Work in accordance with the terms hereof at its own expense except as otherwise provided herein and pay (to the extent required) to the Department the Permit Fee in accordance with the Permit Fee calculation attached as Exhibit J.
Appears in 1 contract
Samples: Comprehensive Agreement