Limited Notice to Proceed Agreement Sample Clauses

Limited Notice to Proceed Agreement. The parties acknowledge and agree that: (a) the Limited Notice to Proceed Agreement ended effective as of the Effective Date and the terms of this Agreement supersede the Limited Notice to Proceed Agreement; (b) all Approved Activities (as defined in the Limited Notice to Proceed Agreement) undertaken under the Limited Notice to Proceed Agreement in advance of the Effective Date are deemed to have been undertaken by Project Co as Project Work pursuant to this Agreement and Project Co accepts and assumes the risk, responsibility and liability for such Approved Activities as Project Work in accordance with the terms of this Agreement; (c) no party shall be entitled to make any Claim against another party or such other party’s respective advisors, consultants, contractors or agents: (i) under the Limited Notice to Proceed Agreement; or (ii) in connection with, or arising out of, the Limited Notice to Proceed Agreement, (whether for damage, Losses, extensions of time, compensation, additional payment or any other benefit) unless such Claim is permitted under this Agreement; and (d) any dispute in connection with or arising out of the Limited Notice to Proceed Agreement existing at the Effective Date shall, unless otherwise agreed in writing between the parties, be resolved in accordance with the Dispute Resolution Procedure.
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Limited Notice to Proceed Agreement. The parties acknowledge and agree that: (a) the Limited Notice to Proceed Agreement ended effective as of the Effective Date and the terms of this Agreement shall supersede the Limited Notice to Proceed Agreement; (b) all Approved Activities (as defined in the Limited Notice to Proceed Agreement) undertaken under the Limited Notice to Proceed Agreement in advance of the Effective Date are deemed to have been undertaken by the Concessionaire as Project Work pursuant to this Agreement and the Concessionaire accepts and assumes the risk, responsibility and liability for such Approved Activities as Project Work in accordance with the terms of this Agreement; (c) all Approved Activites (as defined in the Limited Notice to Proceed Agreement) undertaken or to be undertaken under the Limited Notice to Proceed Agreement shall continue to be carried out, or if not yet commenced shall be commenced, by the Concessionaire on the same basis as such Approved Activities had been carried out or were to be carried out under the Limited Notice to Proceed Agreement, in accordance with the procedures agreed to by the parties pursuant to the Limited Notice to Proceed Agreement (or as otherwise agreed by the parties), and in that regard: (i) the Province confirms that all information provided by the Concessionaire to the Province prior to the Effective Date is sufficient with respect to the commencement of the Approved Activities; and (ii) prior to the commencement of any construction works included in the Approved Activities, the Concessionaire and the Province will, each in good faith and acting reasonably, agree on any additional information, procedures or plans to be provided by the Concessionaire in order to commence such construction works included in the Approved Activities; (d) no party shall be entitled to make any Claim against another party or such other party’s respective advisors, consultants, contractors or agents: (i) under the Limited Notice to Proceed Agreement; or (ii) in connection with, or arising out of, the Limited Notice to Proceed Agreement, (whether for loss, damage, extensions of time, payment or any other benefit) unless such Claim is permitted under this Agreement; and (e) any dispute in connection with or arising out of the Limited Notice to Proceed Agreement existing at the Effective Date shall, unless otherwise agreed in writing between the parties, be resolved in accordance with the Dispute Resolution Procedure.
Sample 1

Related to Limited Notice to Proceed Agreement

  • Notice to Proceed Work shall not commence on this Project until the Director has issued a written Notice to Proceed to the Recipient. Such Notice will not be issued until the Director is assured that the Recipient has complied with the Recipient's responsibilities concerning OEPA plan approval, when applicable. A Notice to Proceed shall be required for all project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

  • Notice to Proceed - Land Acquisition The acquisition of the Land shall not occur until the Director has issued a written Notice to Proceed for land acquisition to the Recipient (the "Notice to Proceed"). Such Notice to Proceed will not be issued until the Director has received a Request to Proceed acceptable to the Director and is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and any requirements for land acquisition set forth in this Agreement, including without limitation the OPWC's approval of the proposed Deed Restrictions and Title Agent. The Notice to Proceed also shall specify the time frame for the Closing.

  • Notice to Proceed - Site Improvements The Recipient shall not commence, or cause to be commenced, any site improvements or other work on the Land until the Director has issued a Notice to Proceed to the Recipient. Such Notice to Proceed will not be issued until the Director is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and has completed any land acquisition required by the Project. A Notice to Proceed shall be required for all Project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

  • COMPLETION OF AGREEMENT This document comprises the entire agreement between the District and the Association in the matters lawfully within the scope of negotiation. Neither party shall have any obligation to meet and negotiate during the term of this agreement.

  • Operating Agreement The Borrower will not amend, modify, waive or terminate any provision of its operating agreement without the prior written consent of the Administrative Agent.

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Interconnection Agreement Seller shall comply with the terms and conditions of the Interconnection Agreement.

  • COMMENCEMENT OF WORK UNDER A SOW AGREEMENT Commencement of work as a result of the SOW-RFP process shall be initiated only upon issuance of a fully executed SOW Agreement and Purchase Order.

  • Consortium Agreement agreement entered into by and between the Manager and the Contractors, pursuant to Annex X.

  • TERM OF FRAMEWORK AGREEMENT The Framework Agreement shall take effect on the Commencement Date and (unless it is otherwise terminated in accordance with the terms of this Framework Agreement or it is otherwise lawfully terminated) shall terminate at the end of the Term.

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