Limited Notice to Proceed with Engineering and Design Sample Clauses

Limited Notice to Proceed with Engineering and Design. Section 3.1.1 Prior to or contemporaneous with the execution and delivery of this Agreement by the Parties, (a) System Owner has entered into a binding Solar Energy Agreement with Host Customer (the “Solar Energy Agreement”), (b) Supplier has conducted the Site investigation as set forth in Section 1.1.3, and has provided notice to System Owner that the BES is safe and adequate to support the System, and (c) Supplier has delivered to System Owner the following documents: (i) the insurance certificates as required in Article XI, (ii) the licenses and registrations listed in Exhibit C, (iii) a fully executed and assignable Bxxx of Sale for the System (and any materials and equipment provided by Supplier as part of the System) in the form of Exhibit D, to be held in escrow by System Owner, which Bxxx of Sale shall be released out of escrow to System Owner or its designee upon Substantial Completion or the earlier termination of this Agreement, (iv) a fully executed and assignable lien waiver in the form of the “conditional waiver and release upon progress payment” provided in Exhibit N, to be held in escrow by System Owner, which lien waiver shall be released out of escrow to System Owner or its designee upon Substantial Completion Payment or the earlier termination of this Agreement, subject to Section 17.2.4(d), and (v) a fully executed and assignable lien waiver in the form of the “unconditional waiver and release upon final payment” provided in Exhibit N as described in Section 9.2.3(c), to be held in escrow by System Owner, which lien waiver shall be released out of escrow to System Owner or its designee upon Final Payment or the earlier termination of this Agreement, subject to Section 17.2.4(d). Section 3.1.2 Within ten (10) days of the execution and delivery of this Agreement, Supplier shall conduct the Site selection and inspection as set forth in Sections 5.1 and 5.3 (including the structural analysis of the roof to support the System and the geotechnical investigation) and shall deliver notice in the form attached hereto as Exhibit F (such notice the “Site Suitability Notice”) to System Owner that the Site selected is suitable as required therein. Timely delivery of the Site Suitability Notice is of the essence. Delivery by Supplier of a Site Suitability Notice stating that the Supplier has determined that the Site is suitable for the performance of the Work and the operation of the System as required in Sections 5.1 and 5.3 is a condition preceden...
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Related to Limited Notice to Proceed with Engineering and Design

  • 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.

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in 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.

  • LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Governing Law; Submission to Process EXCEPT TO THE EXTENT THAT THE LAW OF ANOTHER JURISDICTION IS EXPRESSLY ELECTED IN A TRANSACTION DOCUMENT, THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. EACH OF BIONOVA AND SAVIA HEREBY IRREVOCABLY SUBMITS ITSELF AND EACH OTHER RELATED PERSON TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF NEW YORK AND THE COUNTY OF NEW YORK AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT OR ANY OF ITS SUBSIDIARIES IN ANY LEGAL PROCEEDING RELATING TO THE TRANSACTION DOCUMENTS BY ANY MEANS ALLOWED UNDER NEW YORK OR FEDERAL LAW. EACH OF BIONOVA AND SAVIA IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

  • Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement.

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Project Implementation The Borrower shall:

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article

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