Owner’s performance. In consideration of City’s agreements hereunder, Owner agrees that, if Owner proceeds with the Project, the following performance requirements must be met in order to qualify for the Chapter 380 Payments related to such Project:
Owner’s performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Legislature. Construction Manager acknowledges and agrees that nothing contained herein shall be construed or interpreted as (i) denying to Owner any remedy or defense available to it under the laws of the State of Florida; (ii) the consent of the Owner or the State of Florida or their agents and agencies to be sued; or (iii) a waiver of sovereign immunity of the Owner or of the State of Florida beyond the limited waiver provided in section 768.28, Florida Statutes.
Owner’s performance and obligation to pay hereunder is contingent upon an annual appropriation by the Legislature. See Article 4 for termination provisions.
Owner’s performance and obligation to pay hereunder is contingent upon an annual appropriation by the Legislature.
Owner’s performance. In performing this Agreement, the Owner shall act diligently, carefully and in a proper manner in accordance with any applicable laws and regulations and within normal recognised industry standards and practices.
Owner’s performance. Owner has constructed and installed, or shall cause to be constructed and installed, at its own expense, those subdivision Improvements (“Improvements”) related to the Final Plat for
a. All Plat documents submitted prior to or at the time of final plat approval, as well as all terms and conditions set forth on the Final Plat for Lake Springs Ranch, Filing 2, all of which are incorporated herein by this reference.
b. All requirements of the Second Amended Preliminary Plan Approval, including all zone district regulations approved by Garfield County for the Lake Springs Ranch PUD and all Garfield County zoning and subdivision Regulations applicable to this project.
c. All laws, regulations, orders and resolutions of the State of Colorado, the County of Garfield, and any and all special districts within which the Lake Springs Ranch PUD may be located.
d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Owner and its engineers in furtherance of the application for the approval of Lake Springs Ranch, Filing 2, as heretofore approved by the County, including all improvements shown on the Lake Springs Ranch, Filing 2, Construction Plans prepared by High Country Engineering, Inc. dated January 18, 2018, and as submitted to Garfield County (hereinafter“ Development Plans"). Said improvements include roads, water distribution lines, sewer collection lines, drainage structures, electric, telephone, cable television and gas lines as shown on Exhibit A, Engineer’s Estimate attached.
e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the improvements. All such improvements shall be completed on or before April 16, 2021. The County agrees that if all required improvements are installed in accordance with this Agreement, the Final Plat documents, the as-built drawings to be submitted upon completion of the improvements and the requirements of the Garfield County Land Use and Development Code and the Lake Springs Ranch PUD, all other requirements of this Agreement, and the requirements of the Second Amended Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning Regulations for the Lake Springs Ranch PUD and Zoning and Subdivision Regulations of Garfield County, Colorado, with respect to the installation of improvements.
Owner’s performance. (a) All of the covenants and obligations that Owners are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.
(b) Each document required to be delivered pursuant to Section 2.7 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.
Owner’s performance. All of the covenants and obligations that Cilion is required to perform or comply with pursuant to this Agreement at or prior to the Conversion Date shall have been duly performed and complied with in all material respects;
Owner’s performance. Owner shall not be in default under the terms and conditions of this Agreement.
Owner’s performance. If after the expiration of any permitted grace period Owner shall have failed to cure any default in the performance of any covenant or promise on its part to be performed, Operator may immediately, or any time thereafter, without further notice, perform the same for the account and at the expense of Owner. Notwithstanding the above, in the case of an emergency, Operator may, after notice to Owner, so perform in Owner's stead prior to the expiration of any applicable grace period; provided, however, Owner shall not be deemed in default under this Agreement.
