Procurement of Project Contracts Sample Clauses

Procurement of Project Contracts. (a) As part of the Work, including any post-Closing Work, Seller shall be responsible for procuring and providing, or causing to be procured and provided, all Project Contracts in accordance with the applicable terms of this Agreement. (b) Without limiting Section 5.3, Section 20.16, or Section 20.18, prior to entering into any Project Contract that will become a Transferred Closing Project Contract or a Transferred Post-Closing Project Contract (or any amendment, waiver, or other modification to such Project Contract), Seller shall (i) provide Buyer with a complete and accurate copy of such Project Contract (or such amendment, waiver, or other modification), (ii) provide Buyer with a reasonable opportunity to review and comment on such Project Contract (or such amendment, waiver, or other modification) and consider in good faith timely comments from Buyer on such Project Contract (or such amendment, waiver, or other modification), and (iii) not enter into such Project Contract (or such amendment, waiver, or other modification) without the prior approval of Buyer, which may be provided or not provided in its sole and absolute discretion prior to the FNTP Date and thereafter may not be unreasonably withheld, conditioned, or delayed, and which shall be deemed given if Buyer fails to object by written notice delivered to Seller within twenty (20) Business Days after Seller requests such approval prior to the FNTP Date and within ten (10) Business Days after the FNTP Date. Seller shall use commercially reasonable efforts to obtain prior to FNTP all material Contracts required or reasonably expected to be transferred to Buyer pursuant to this Agreement, including the Contracts specified in Section 5.5Section 5.5(c). (c) With respect to each Project Contract entered into by Seller in connection with or relating to the Project after the Effective Date that will become a Transferred Closing Project Contract or a Transferred Post-Closing Project Contract, Seller shall cause (i) each such Project Contract to permit Seller to freely assign, transfer, and/or convey such Project Contract to Buyer without the Consent of any Person, or (ii) each counterparty to each such Project Contract to consent to the assignment, transfer, and/or conveyance of such Project Contract to Buyer at the Closing. No such assignment, transfer, conveyance, or consent shall require that Buyer or any Affiliate of Buyer enter into a new Contract with the counterparty to such Project Contract (or...
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Procurement of Project Contracts. (a) The Integration Partner must provide all services to procure the engagement of all Project Contractors in accordance with the Procurement Management Plan or as otherwise required by the Principal. (b) The Integration Partner must, in procuring the engagement of all Project Contractors: (i) ensure the competitiveness of all tenders on terms which maximise value for money for the Principal; (ii) conduct procurement processes in accordance with the highest standards of probity, fairness and equal opportunity; and (iii) conduct procurements as directed by the Principal, including in accordance with the Principal's NSW Government construction accreditation requirements and the NSW Government Procurement Policy Framework and, where required, using the Principal's tender documentation templates. (c) The Integration Partner must not commence any procurement activities in respect of Project Contractors until a Procurement Management Plan has been approved by the Principal's Representative. (d) Neither the Integration Partner nor any related entity of the Integration Partner is entitled to tender for any of the Project Contracts, or perform any work under the Project Contracts for the Project Contractors, unless the Integration Partner has obtained the prior written approval of the Principal. (e) The Integration Partner must: (i) subject to clause 15.1(e)(iii) and in accordance with Schedule 5, enter into each Project Contract as agent of the Principal; (ii) not enter into any Project Contract with a Prohibited Person or invite a Prohibited Person to participate in a procurement process for a Project Contract; and (iii) not enter into any Project Contract without the prior written approval of the Principal. (f) The Integration Partner must ensure that all Project Contracts contain provisions that: (i) bind the Project Contractors to sign any documentation required to novate the Project Contract to the Principal, Integrator Co or another nominee of the Principal; and (ii) to the extent that the Project Contractor will be performing work on the Site, require the Project Contractor to provide a deed poll in favour of the Principal Contractor pursuant to which the Project Contractor agrees to comply with the Principal Contractor’s work, health and safety requirements on the Site.
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Related to Procurement of Project Contracts

  • Project Contracts Prior to the delivery of this Lease, the Company may have entered into a contract or contracts with respect to the acquisition and/or construction of the Improvements. Those contracts, and any such contracts entered into by the Company after delivery of this Lease are hereinafter referred to as the “Project Contracts.” Prior to the delivery hereof, certain work has been or may have been performed on the Improvements pursuant to said Project Contracts or otherwise. Subject to the Lender’s rights in the Project Contracts, the Company hereby conveys, transfers and assigns to the Issuer all of the Company’s rights in, but not its obligations under the Project Contracts and the Issuer hereby designates the Company as Issuer’s agent for the purpose of executing and performing the Project Contracts. After the execution hereof, the Company shall cause the Project Contracts to be fully performed by the contractor(s), subcontractor(s) and supplier(s) thereunder in accordance with the terms thereof, and the Company covenants to cause the Improvements to be acquired, constructed and/or completed in accordance with the Project Contracts. Any and all amounts received by the Issuer, the Trustee or the Company from any of the contractors or other suppliers by way of breach of contract, refunds or adjustments shall become a part of and be deposited in the Project Fund.

  • Construction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/ program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses.

  • Project Documents In addition to any other pertinent and necessary Project documents, the following documents shall be used in the development of the Project: A. TxDOT 2011 Texas Manual of Uniform Traffic Control Devices for Streets and Highways, including latest revisions B. Texas Department of Transportation's Standard Specifications for Construction of Highways, Streets, and Bridges, 2014 (English units)

  • Contracts with Subcontractors a. Grantee may enter into contracts with subcontractors unless restricted or otherwise prohibited in the Contract. b. Grantees are prohibited from subcontracting with for-profit organizations under this Contract. c. Prior to entering into a subcontract agreement equaling or exceeding $100,000, Grantee will obtain written approval from the System Agency. d. Grantee will obtain written approval from System Agency before modifying any subcontract agreement to cause the agreement to exceed $100,000. e. Grantee will establish written policies and procedures for competitive procurement and monitoring of subcontracts and will develop a subcontracting monitoring plan. f. monitor subcontractors for both financial and programmatic performance and will maintain pertinent records. g. submit quarterly monitoring reports to the System Agency in a format determined by the System Agency. h. ensure that subcontracts are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. i. ensure all subcontracts, must be in writing and include the following: 1. Name and address of all parties and the subcontractor’s Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not-to-exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. j. ensure and be responsible for the performance of the subcontractor(s). k. not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be otherwise ineligible to abide by the terms of this Contract.

  • Procurement documents Languages in which the procurement documents are officially available: English

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Gas Contracts No Credit Party, as of the date hereof or as disclosed to the Administrative Agent in writing, (a) is obligated in any material respect by virtue of any prepayment made under any contract containing a “take-or-pay” or “prepayment” provision or under any similar agreement to deliver Hydrocarbons produced from or allocated to any of the Borrower’s and its Subsidiaries’ Oil and Gas Properties at some future date without receiving full payment therefor at the time of delivery or (b) except as has been disclosed to the Administrative Agent, has produced gas, in any material amount, subject to balancing rights of third parties or subject to balancing duties under Legal Requirements.

  • Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.

  • Agreements with Subcontractors Business Associate shall enter into a Business Associate Agreement with any Subcontractor to whom it provides PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity in which the Subcontractor agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such PHI. Business Associate must enter into this Business Associate Agreement before any use by or disclosure of PHI to such agent. The written agreement must identify Covered Entity as a direct and intended third party beneficiary with the right to enforce any breach of the agreement concerning the use or disclosure of PHI. Business Associate shall provide a copy of the Business Associate Agreement it enters into with a subcontractor to Covered Entity upon request. Business associate may not make any disclosure of PHI to any Subcontractor without prior written consent of Covered Entity.

  • Operating Contracts Subject to the rights of the Timeshare Owners' Association as set forth in the Timeshare Documents, no Operating Contract shall be modified, extended, terminated or entered into, without the prior written approval of Agent, if any such modification, extension, termination or new agreement could have a material adverse impact on the operation of the Resort or the Collateral.

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