Nature of the Concessionaire Sample Clauses

Nature of the Concessionaire. Concessionaire shall be LB SMI, LLC. However, the County acknowledges that the Concessionaire may intend to form a new entity controlled by Concessionaire that will be the Concessionaire entity that will be the party to the DDA which shall be permitted by the County in accordance with the conditions set forth in this Section 3.1. The County shall have the right to review and approve the organizational documents of such entity and the entities comprising such entity. The Concessionaire hereunder and under the DDA shall be an entity authorized to conduct business in the State of California by the California Secretary of State. Prior to submission of an executed DDA, Concessionaire shall submit a copy of any executed formation documents (e.g., limited liability company operating agreement, partnership agreement, etc.), as well as all organizational documents of each entity participating in the joint venture, for review and approval by the County, which approval shall not be unreasonably withheld. Such agreement may be redacted to remove financial terms or other confidential information contained therein, provided that such redactions do not limit the County's ability (as determined by the County, in its sole discretion) to complete a comprehensive evaluation of the organizational structure of Concessionaire and all entities participating in the joint venture.
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Nature of the Concessionaire. Concessionaire shall be Sun Lake Berryessa LLC, a Michigan limited liability company. However, the County acknowledges that the Concessionaire or SCOLP may intend to form a new entity controlled by Concessionaire that will be the Concessionaire entity that will be the party to the DDA. The County shall have the right to review and approve the organizational documents of such entity and the entities comprising such entity. The Concessionaire hereunder and under the DDA shall be an entity authorized to conduct business in the State of California by the California Secretary of State. Prior to submission of an executed DDA, Concessionaire shall submit a copy of any executed formation documents (e.g., limited liability company operating agreement, partnership agreement, etc.), as well as all organizational documents of each entity participating in the joint venture, for review and approval by the County, which approval shall not be unreasonably withheld. Such agreement may be redacted to remove financial terms or other confidential information contained therein, provided that such redactions do not limit the County's ability (as determined by the County, in its sole discretion) to complete a comprehensive evaluation of the organizational structure of Concessionaire and all entities participating in the joint venture.

Related to Nature of the Concessionaire

  • Sole purpose of the Concessionaire The Concessionaire having been set up for the sole purpose of exercising the rights and observing and performing its obligations and liabilities under this Agreement, the Concessionaire or any of its subsidiaries shall not, except with the previous written consent of the Authority, be or become directly or indirectly engaged, concerned or interested in any business other than as envisaged herein.

  • Nature of the Contract 3.1. The Contract is a public services contract within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015.

  • Obligations of the Concessionaire 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.

  • The Concession 3.1.1 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to construct, operate and maintain the Project (the “Concession”) during the Construction Period and for a period of 10 (ten) years commencing from COD, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.

  • SCOPE OF THE CONTRACT 4.1 The Contractor shall perform the Services set out [in Schedule 1] [below2] in accordance with the Contract.

  • Substitution of Concessionaire At any time during the period of Suspension, the Lenders‟ Representative, on behalf of Senior Lenders, shall be entitled to substitute the Concessionaire under and in accordance with the Substitution Agreement, and upon receipt of notice thereunder from the Lenders‟ Representative, the Authority shall withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of Suspension, and any extension thereof under Clause 36.1, for enabling the Lenders‟ Representative to exercise its rights of substitution on behalf of Senior Lenders.

  • Damages for delay by the Concessionaire In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

  • Concessionaire’s waiver The Concessionaire hereby further releases, assigns and waives any and all rights of subrogation or recovery against, inter alia, the Authority and its assigns, undertakings and their subsidiaries, affiliates, employees, successors, insurers and underwriters, which the Concessionaire may otherwise have or acquire in or from or in any way connected with any loss, liability or obligation covered by policies of insurance maintained or required to be maintained by the Concessionaire pursuant to this Agreement (other than third party liability insurance policies) or because of deductible clauses in or inadequacy of limits of any such policies of insurance.

  • Nature of sampling Samples of lamps shall be selected at random from the production of a uniform batch. A uniform batch means a set of lamps of the same type, defined according to the production methods of the manufacturer. The assessment shall in general cover series production from individual factories. However, a manufacturer may group together records concerning the same type from several factories, provided these operate under the same quality system and quality management.

  • Representations and Warranties of the Concessionaire The Concessionaire represents and warrants to the Authority that:

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