OWNERSHIP AND FINANCING OF THE PROJECT Sample Clauses

OWNERSHIP AND FINANCING OF THE PROJECT. 24 SECTION 4.1 SEWER DISTRICT OWNERSHIP 24 SECTION 4.2 FINANCING 24 SECTION 4.3 NEW YORK STATE WATER INFRASTRUCTURE IMPROVEMENT ACT GRANT 24 ARTICLE V. DESIGN AND CONSTRUCTION OF THE PROJECT 25 SECTION 5.1 DESIGN-BUILD PERIOD – GENERALLY 25 SECTION 5.2 SITE SUITABILITY CONFIRMATION 25 SECTION 5.3 DESIGN-BUILD WORK GENERALLY 26 SECTION 5.4 DESIGN-BUILD CONTRACTOR DESIGN 28 SECTION 5.5 COMPLIANCE WITH APPLICABLE LAW 30 SECTION 5.6 CONSTRUCTION PRACTICE 30 SECTION 5.7 PROGRESS SCHEDULE 30 SECTION 5.8 CONSTRUCTION MONITORING, OBSERVATIONS, TESTING AND UNCOVERING OF WORK 31 SECTION 5.9 CORRECTION OF DESIGN-BUILD WORK 33 SECTION 5.10 DAMAGE TO THE DESIGN-BUILD WORK 34 SECTION 5.11 CHANGE ORDERS AND EXTRA DESIGN-BUILD WORK 35 SECTION 5.12 DELIVERABLE MATERIAL 36 SECTION 5.13 PERSONNEL 37 SECTION 5.14 DESIGN-BUILD BOOKS AND RECORDS 38 SECTION 5.15 DELIVERY OF OPERATIONS AND MAINTENANCE INFORMATION SYSTEMS AND MANUALS AND TRAINING OF STAFF 39 ARTICLE VI. FIXED DESIGN-BUILD PRICE, PAYMENT AND RETAINAGE 39 SECTION 6.1 FIXED DESIGN-BUILD PRICE 39 SECTION 6.2 CONSTRUCTION DISBURSEMENT REQUISITION PROCEDURE 40 SECTION 6.3 RETAINAGE 41 SECTION 6.4 PERMISSIBLE WITHHOLDINGS 42 SECTION 6.5 DISBURSEMENT DISPUTE PROCEDURES 43 SECTION 6.6 REQUIRED DESIGN-BUILD CONTRACTOR ENGINEER CERTIFICATION 44 SECTION 6.7 CERTIFICATION OF AMOUNTS DUE 44 SECTION 6.8 DESIGN-BUILD CONTRACTOR RELIEF DUE TO DELAYS DUE TO SEWER DISTRICT FAULT 44 SECTION 6.9 PROPERTY TAXES OWED TO COUNTY 44 SECTION 6.10 LIABILITY FOR MONIES BUDGETED 44 SECTION 6.11 FEDERAL STATE AND LOCAL APPROVAL 45 ARTICLE VII. SUBSTANTIAL COMPLETION, FINAL ACCEPTANCE AND FINAL COMPLETION 46 SECTION 7.1 GENERALLY 46 SECTION 7.2 SUBSTANTIAL COMPLETION 46 SECTION 7.3 NOTICE OF START-UP OPERATIONS 47 SECTION 7.4 ROLE OF OPERATOR 48 SECTION 7.5 CONDUCT OF ACCEPTANCE TESTS 48 SECTION 7.6 FINAL ACCEPTANCE DATE CONDITIONS 48 SECTION 7.7 TEST REPORT 49 SECTION 7.8 CONCURRENCE OR DISAGREEMENT WITH TEST RESULTS 49 SECTION 7.9 SCHEDULED FINAL ACCEPTANCE DATE 50 SECTION 7.10 EFFECT OF UNEXCUSED DELAY; EXTENSION PERIOD 51 SECTION 7.11 FAILURE TO MEET ACCEPTANCE STANDARD 51 SECTION 7.12 FINAL COMPLETION 51 SECTION 7.13 NO ACCEPTANCE, WAIVER OR RELEASE 52 UP AND TESTING 53 ARTICLE VIII. WARRANTY 54 SECTION 8.1 PERFORMANCE WARRANTY 54 SECTION 8.2 DESIGN-BUILD WORK WARRANTY 54 SECTION 8.3 WARRANTIES NOT EXCLUSIVE 56 SECTION 8.4 Manufacturers’ Warranties 56 SECTION 8.5 WARRANTY BOND 57 SECTION 8.6 POST FINAL ACCEPTANCE AND POST WARRANTY SERVICES ...
Sample 1
AutoNDA by SimpleDocs

Related to OWNERSHIP AND FINANCING OF THE PROJECT

  • Execution of the Project (a) The Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through its MoE with due diligence and efficiency and in conformity with appropriate financial, economic, environmental and administrative practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Association shall otherwise agree, the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Recipient shall update the Procurement Plan in accordance with terms of reference acceptable to the Association, and furnish such update to the Association not later than twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. Without limitation upon any of its obligations under paragraph (a) of Section 3.01 of this Agreement and except as the Recipient and the Association shall otherwise agree, the Recipient shall: (i) not later than by the effectiveness of this Agreement open a separate project account (the Project Account) in a commercial bank acceptable to the Association; (ii) thereafter maintain the Project Account during the entire Project implementation period, and replenish said Account regularly with funds sufficient to ensure the Recipient’s Project co-financing obligations; and (iii) use the amount in the Project Account exclusively for financing the Recipient’s contribution to Project expenditures. Section 3.04. For the purposes of Section 6.09 of the General Conditions and without limitation thereto, the Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Recipient on said plan.

  • Information Acquisition Connecting Transmission Owner and Developer shall each submit specific information regarding the electrical characteristics of their respective facilities to the other, and to NYISO, as described below and in accordance with Applicable Reliability Standards.

  • Project Financing DZS poskytne příspěvek na financování nákladů na projekt, přičemž maximální výše grantu činí XXXXXXX CZK (XXXXXXX EUR). Grant určený na realizaci projektu pokrývá 100 % způsobilých výdajů. Bližší specifikace rozpočtu a jeho členění jsou ukotveny v Příloze I.

  • Notice to Proceed - Land Acquisition The acquisition of the Land shall not occur until the Director has issued a written Notice to Proceed for land acquisition to the Recipient (the "Notice to Proceed"). Such Notice to Proceed will not be issued until the Director has received a Request to Proceed acceptable to the Director and 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 any requirements for land acquisition set forth in this Agreement, including without limitation the OPWC's approval of the proposed Deed Restrictions and Title Agent. The Notice to Proceed also shall specify the time frame for the Closing.

  • Certain After-Acquired Collateral Borrowers shall promptly notify Agent in writing if, after the Closing Date, any Borrower obtains any interest in any Collateral consisting of Deposit Accounts, Chattel Paper, Documents, Instruments, Intellectual Property, Investment Property or Letter-of-Credit Rights and, upon Agent’s request, shall promptly take such actions as Agent deems appropriate to effect Agent’s duly perfected, first priority Lien upon such Collateral, including obtaining any appropriate possession, control agreement or Lien Waiver. If any Collateral is in the possession of a third party, at Agent’s request, Borrowers shall obtain an acknowledgment that such third party holds the Collateral for the benefit of Agent.

  • CONSTRUCTION OF THE PROJECT/ APARTMENT The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the [Apartment/Plot] and accepted the floor plan, payment plan and the specifications, amenities and facilities [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the [Please insert the relevant State laws]and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.

  • Pre-financing Pre-financing is intended to provide the beneficiary with a float. Where required by the provisions of Article I.4 on pre-financing, the beneficiary shall furnish a financial guarantee from a bank or an approved financial institution established in one of the Member States of the European Union. The guarantor shall stand as first call guarantor and shall not require the Commission to have recourse against the principal debtor (the beneficiary). The financial guarantee shall remain in force until final payments by the Commission match the proportion of the total grant accounted for by pre-financing. The Commission undertakes to release the guarantee within 30 days following that date.

  • Maintenance of Security Interests in Financed Vehicles The Servicer shall, in accordance with its customary servicing procedures, take such steps as are necessary to maintain perfection of the security interest created by each Receivable in the related Financed Vehicle. The Servicer is hereby authorized to take such steps as are necessary to re-perfect such security interest on behalf of the Issuing Entity and the Indenture Trustee in the event of the relocation of a Financed Vehicle or for any other reason.

  • Land Acquisition Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Xxxxxxx agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.

  • Acquisition For the purpose of this Warrant, “Acquisition” means any transaction or series of related transactions involving: (i) the sale, lease, exclusive license, or other disposition of all or substantially all of the assets of the Company (ii) any merger or consolidation of the Company into or with another person or entity (other than a merger or consolidation effected exclusively to change the Company’s domicile), or any other corporate reorganization, in which the stockholders of the Company in their capacity as such immediately prior to such merger, consolidation or reorganization, own less than a majority of the Company’s (or the surviving or successor entity’s) outstanding voting power immediately after such merger, consolidation or reorganization (or, if such Company stockholders beneficially own a majority of the outstanding voting power of the surviving or successor entity as of immediately after such merger, consolidation or reorganization, such surviving or successor entity is not the Company); or (iii) any sale or other transfer by the stockholders of the Company of shares representing at least a majority of the Company’s then-total outstanding combined voting power.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!