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 hereunder is contingent upon an annual appropriation by the Legislature.
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 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. (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.
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. 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.
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 Lake Springs Ranch, Filing 2, which are required to be constructed under the Second Amended Preliminary Plan Approval, this Agreement, the Final Plat for Lake Springs Ranch, Filing 2, all Garfield County zoning and subdivision regulations, and the zone district text for Lake Springs Ranch PUD. Owner shall comply with the following:
Owner’s performance. Owner shall have performed all of its obligations under this Agreement, including, without limitation, Owner’s execution and delivery to Lessee of the documents described in Section 5.3 of this Agreement.
