Modifications to Port Improvements Sample Clauses

Modifications to Port Improvements. In connection with the exercise of any rights that Grant Recipient has under the Project Agreement to approve or consent to material modifications to the scope of the Port Improvements, Grant Recipient shall promptly notify NYSERDA of any request of Developers for Grant Recipient’s approval thereof. NYSERDA will cooperate in good faith with Grant Recipient to reach prompt agreement on whether to approve, or consent to, such material modifications prior to the date (if any) on which Grant Recipient must respond to Developers’ request under the Project Agreement. NYSERDA’s approval and consent of a proposed material modification shall not be unreasonably withheld, conditioned, or delayed. NYSERDA may not withhold, condition, or delay approval based upon Grant Recipient’s decision to reject changes recommended by NYSERDA that would (i) have the effect of materially increasing (as reasonably determined by Grant Recipient) the costs of, or delaying completion of, the Port Improvements; (ii) that are opposed by Developers; or (iii) that Grant Recipient determines would adversely affect the timing or cost of EW2 or BW. In the event that the Developers notify Grant Recipient of any material modifications to the Port Improvements that will require Developers to obtain a new permit or amend an existing permit, Grant Recipient will promptly inform NYSERDA, and NYSERDA agrees to participate in any supplemental environmental review that may be required.
Sample 1
AutoNDA by SimpleDocs
Modifications to Port Improvements. Grant Recipient shall provide prior written notice to NYSERDA of all proposed Material Modifications to the Port Improvements and shall inform NYSERDA of all other proposed modifications to the Port Improvements in a timely manner. A proposed modification shall constitute a “Material Modification” for purposes of this Agreement, in each case, requiring NYSERDA approval, if such modification is not a de minimis change (as reasonably determined by Grant Recipient) and the proposed modification impacts one or more of the following elements of the Port Improvements: • height, size, location, or general layout of the Port Improvements; • materials used for site paving; • bearing capacity of the upland or any waterside structures; • dredge prisms; • dredge depths; • design lifespan of any of the Port Improvements; and/or • entrance and egress locations or entrance operations and queues into and out of the site. NYSERDA shall have thirty (30) days from the date of receipt of written notice of a Material Modification from Grant Recipient to approve, provide comments on, or disapprove of such Material Modification. In the event that NYSERDA fails to comment upon or disapprove such Material Modification within thirty (30) days of the receipt of such notice, NYSERDA shall be deemed to have approved the proposed Material Modification. Grant Recipient will cooperate in good faith and consider NYSERDA’s proposed comments or changes to the proposed Material Modifications, provide information reasonably requested by NYSERDA in respect of such modifications, and provide NYSERDA with reasonable access to the site and contractors during normal working hours for the purpose of NYSERDA’s consideration of such modifications upon not less than two (2) Business Days advance written notice. NYSERDA will cooperate in good faith with Grant Recipient to reach prompt agreement on any Material Modification and acknowledges that other parties may have approval rights over the same Material Modification. NYSERDA’s approval of a proposed modification shall not be unreasonably withheld, conditioned, or delayed. NYSERDA may not withhold, condition, or delay approval based upon Grant Recipient’s decision to reject changes recommended by NYSERDA that would (i) have the effect of materially increasing (as reasonably determined by Grant Recipient) the costs of, or delaying completion of, the Port Improvements or (ii) that are opposed by EDC or SSBMT. Notwithstanding anything to the contrary set...
Sample 1

Related to Modifications to Port Improvements

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • Disbursements for Site Improvements All payments made by the OPWC for site improvements or other work shall be made directly to the Contractor that performed the work and originated the invoice, unless the request is for disbursement to the Recipient.

  • Modifications to Service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

  • Budget Modifications The total Approved Budget and the assignment of costs may be adjusted based on implementation of the Scope of Work, spending patterns, and unexpended funds, but only by an amendment to the Approved Budget. In no event shall an amendment to the Approved Budget result in payments in excess of the aggregate amount specified in Section 2.01 “Award of Monies” or in approved supplemental funding for the Project, if any. The RECIPIENT may make transfers between or among lines within budget categories without prior written approval provided that:

  • Unbundled Loop Modifications (Line Conditioning 2.5.1 Line Conditioning is defined as routine network modification that BellSouth regularly undertakes to provide xDSL services to its own customers. This may include the removal of any device, from a copper Loop or copper Sub-loop that may diminish the capability of the Loop or Sub-loop to deliver high-speed switched wireline telecommunications capability, including xDSL service. Such devices include, but are not limited to, load coils, excessive bridged taps, low pass filters, and range extenders. Excessive bridged taps are bridged taps that serves no network design purpose and that are beyond the limits set according to industry standards and/or the XxxxXxxxx XX 00000.

  • 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.

  • INTEGRATIONS & MODIFICATIONS This Agreement constitutes the whole agreement between the parties. Except as identified in this Agreement, there are no other prior written agreements and no prior or contemporaneous oral agreements that are a part of this Agreement. No modification to this Agreement shall be valid, unless in writing and executed by both parties.

  • Deviations to GSAR clauses This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

  • Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.

  • Site Improvements The City may require a Developer to undertake site improvements upon completion of construction. Site improvements include, but are not limited to, seeding or sodding of front yards, and 4' chain-link fencing. Said site improvements must be undertaken when seasonally appropriate. The City reserves the right to make an exception on a case-by-case basis.

Time is Money Join Law Insider Premium to draft better contracts faster.