OBLIGATION TO CONSTRUCT. (1) If the Joint Venturers notify the Minister pursuant to clause 4(1) that the Joint Venturers will proceed with the Redevelopment the Joint Venturers shall, subject to Statutory Requirements and applicable laws, proceed with the Redevelopment to completion without material alteration and in accordance with the Redevelopment timetable as notified to the Minister pursuant to clause 4(1).
(2) The Joint Venturers shall from time to time at the request of the Minister inform the Minister of any details or information in relation to the Redevelopment, including but without limitation, the progress of the Redevelopment, as the Minister may reasonably request.
(3) The Joint Venturers shall to the extent it is within the power of the Joint Venturers to do so permit the State by its officers, employees, agents, and nominees to enter upon the Development Area pending Project Completion to inspect the progress of the Redevelopment, and the Joint Venturers shall afford those officers, employees, agents and nominees such assistance and facilities as they may reasonably require.
OBLIGATION TO CONSTRUCT. Notwithstanding anything to the contrary herein, Xxxx shall have no obligation to design or construct any or all of the Improvements unless and until
(i) a final land use approval, including resolution of any and all appeals and proceedings on remand, approves Development Permits that will allow the division and development of the Property with at least 930 residential dwelling units, generally consistent with Exhibit C and (ii) Xxxx actually develops the phase of the Property that contains the applicable Improvement, or portion thereof, pursuant to the Development Permits. Xxxx may elect to terminate this Agreement in its entirety, at Xxxx’x sole and absolute discretion, by written notice to the City given at any time, except that, if the City has waived SDCs with respect to building permits issued prior to the date of such termination and the value of the waived SDCs exceeds the SDC creditable value of the Improvements constructed by Xxxx, then Xxxx will either (i) complete construction of Improvements with an SDC creditable value sufficient to offset the waived SDCs or (ii) pay to the City the difference between the SDC creditable value of the Improvements constructed and the SDCs waived prior to the date of termination. Xxxx’x termination of this Agreement shall terminate all City obligations provided for in this Agreement. In no event shall Xxxx have any obligation to construct an Improvement unless a final land use approval issued by the City, including resolution of any and all appeals and proceedings on remand, requires construction of such Improvement as a condition on such approval and Xxxx proceeds with development of the Property, or the applicable portion thereof, pursuant to such land use approval, in which case those obligations shall survive termination of this Agreement. Notwithstanding the foregoing, if Xxxx terminates this Agreement after the City approves a Comprehensive Plan Map amendment and zoning map amendment to convert the ~142 acre Quail Valley Golf Course property from Community Facilities (CF) to a residential zone, Xxxx shall be obligatged to design, construct, improve and dedicate the Citywide Park as provided in Section 10.1 and Exhibits H and H1 and the Bike/Ped Overcrossing of Railroad as provided in Section 9.5 and Exhibits G and G4.
OBLIGATION TO CONSTRUCT. (1) If the Joint Venturers notify the Minister pursuant to clause 4(1) that the Joint Venturers will proceed with the Redevelopment the Joint Venturers shall, subject to Statutory Requirements and applicable laws, proceed with the Redevelopment to completion without material alteration and in accordance with the Redevelopment timetable as notified to the Minister pursuant to clause 4(1).
(2) The Joint Venturers shall from time to time at the request of the Minister inform the Minister of any details or information in relation to the Redevelopment, including but without limitation, the progress of the Redevelopment, as the Minister may reasonably request.
OBLIGATION TO CONSTRUCT. Pathnet shall use commercially reasonable efforts to ensure that the modification of the System set forth in Section 2 of Schedule A and the installation of the System set forth in Section 4 of Schedule A occur as expeditiously as possible and in no event later than the 18 month period set forth in Section 3.2.2.
OBLIGATION TO CONSTRUCT. The Registered Proprietor must construct the Structure on the Land:
(i) in a proper and workmanlike manner by properly insured contractors; and
(ii) in accordance with the Plans; and
(iii) in accordance with the requirements of any Relevant Authority.
OBLIGATION TO CONSTRUCT. (1) Dewdney shall after the Licence has been issued by the MNRF, first provide aggregate from the qurry, if obtainable, for the purpose constructing the County Road Works and the Municipal Road Works in accordance with the requirements for the Road Works as set out on Schedules “B” and “C”.
(2) The Road Works shall be completed within the existing municipal road allowances and as far as possible away from the existing residences along the Haul Road.
(3) The Road Works shall be completed in a timely manner and all work shall be to the satisfaction of the Municipality and the County.
(4) Dewdney shall retain a qualified professional engineer, satisfactory to the Municipality and the County to supervise the construction of the RoadWorks.
(5) The Municipality and/or the County or any person authorized by them shall have the right to inspect the Road Works and the cost of such inspections shall be paid by Dewdney.
(6) Dewdney shall be responsible for and shall repair any damage caused by the construction of the Road Works to any municipal property, private property, telephone or utility poles.
(7) Dewdney shall be responsible for connecting all existing drives to the new improved road to the satisfaction of the Municipality and where required, to the satisfaction of the County.
(8) Dewdney shall coordinate and schedule the construction of the Road Works in such a manner so as to cause as little inconvenience as possible to the abutting residents.
(9) For greater certainty the construction of the Road Works shall be described in five (5) segments as follows.
Segment 1: Intersection of Quarry Road with County Road 36 Segment 2: Xxxxxx Xxxx xxxx Xxxxxx Xxxx 00 to the Intersection with Ledge Road (indent) Segment 3: Intersection of Quarry Road and Ties Mountain Road
Segment 4: Ledge Road from Quarry Road running north to approximately thirty (30) metres north of the last residence at 000 Xxxxx Xxxx
Segment 5: Ledge Road running north from just north of the driveway entrance of 000 Xxxxx Xxxx to the Quarry entrance
(4) All road improvements will be completed to the Municipality’s/County’s standards and the location of the existing road allowance has now been verified by survey (at the cost of the developer) for which that survey information has now been incorporated into the engineering drawings for the improved municipal road.
(5) Dewdney shall be solely responsible for the cost of any and all work comprising the subject of this Agreement and more specifically set ...
OBLIGATION TO CONSTRUCT. ABPC shall cause the construction of the Garage on the Project Site to be Substantially Completed on or before the Target Date (subject to extension as provided in Section 4(i) below), in accordance with the provisions of this Lease and the construction documents, which heretofore have been approved by ABPC and the State, and such additional construction drawings, plans and specifications as are necessary for the timely construction of the Garage and which are hereafter submitted by ABPC to and approved by the State from time to time (which approval shall not be unreasonably withheld or delayed), as the same may be changed by Change Orders (collectively, the “Construction Documents”). In order to satisfy its obligations hereunder to construct the Garage, ABPC shall enter into the Construction Management Agreement with the Construction Manager, pursuant to which the Construction Manager shall agree to cause the Garage to be constructed on the Project Site in accordance with the Construction Documents and the provisions of this Lease, for the Fixed Construction Price of $36,900,000 to be paid from the Construction Fund.
OBLIGATION TO CONSTRUCT. Notwithstanding anything to the contrary herein, Xxxx shall have no obligation to design or construct any or all of the Improvements unless and until final land use approval, including resolution of any and all appeals, approves the Development Permits for at least 930 residential dwelling units on the Property, consistent with Exhibit X. Xxxx may elect to terminate this Agreement in its entirety, at Xxxx’x sole and absolute discretion, by written notice to the City given at any time. In no event shall Xxxx have any obligation to construct an Improvement hereunder except to the extent a final land use approval issued by the City requires construction of such Improvement as a condition on such approval.
OBLIGATION TO CONSTRUCT. SSS shall have no right to deliver a full notice to proceed until such date as indicated in the project schedule set forth as Exhibit I (the “Project Schedule”). In the event that SSS fails to issue the full notice to proceed by the date set forth in Exhibit L, Contractor shall be entitled to an adjustment in the Project Schedule on a day-for-day basis to the extent the time of performance is impacted by such failure. Following the date of
OBLIGATION TO CONSTRUCT. SSS shall have no right to deliver a full notice to proceed until such date as indicated in the project schedule set forth as Exhibit I (the “Project Schedule”). In the event that SSS fails to issue the full notice to proceed by the date set forth in Exhibit L, Contractor shall be entitled to an adjustment in the Project Schedule on a day-for-day basis to the extent the time of performance is impacted by such failure. Following the date of *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.