Project Design and Construction. All work will be performed by designers and contractors selected and engaged by Landlord.
Project Design and Construction. Main contents under this annex Party A shall provide the following services for Party B in terms of project design and construction:
Project Design and Construction. 15
8.1 Operation and Maintenance 27 8.2 Operating Procedures 27 8.3 Electronic Communications 27 8.4 Guaranteed Storage Availability 28 8.5 Planned Outages 28 8.6 Forced Outages 29 8.7 Excused Outages 29 8.8 Station Service 30 8.9 Dispatch 30 8.10 Suspension 30 8.11 Standards of Care 30 8.12 Project Access Rights 31 8.13 Notice of Litigation 31 ARTICLE 9 EARLY TERMINATION 31 9.1 Termination Prior to the Commercial Operation Date 31 ARTICLE 10 EVENTS OF DEFAULT 32 10.1 Events of Default 32 10.2 Remedies; Declaration of Early Termination Date 33 10.3 Termination Payment 33 10.4 Notice of Payment of Termination Payment 34 10.5 Disputes with Respect to Termination Payment 34 10.6 Rights and Remedies Are Cumulative 34 10.7 Mitigation 34 ARTICLE 11 PAYMENT 35 11.1 Monthly Payments 35 11.2 Billing and Payment 35 11.3 Disputes and Adjustments of Invoices 35 11.4 Netting of Payments 36 ARTICLE 12 INSURANCE 36 ARTICLE 13 REPRESENTATIONS, WARRANTIES AND COVENANTS 36 13.1 Representations and Warranties 36 13.2 General Covenants 37 13.3 Additional Covenants by Buyer 38 ARTICLE 14 INDEMNIFICATION 38 14.1 Indemnification 38 14.2 Reserved 38 14.3 Additional Indemnification by Seller 38 14.4 Notice of Claims; Procedure 38 14.5 Survival 39 14.6 Insurance Proceeds 39 ARTICLE 15 CONFIDENTIAL INFORMATION 39 15.1 Confidential Information 39 ARTICLE 16 ASSIGNMENT 41 16.1 Successors and Assigns; Assignment 41 16.2 Collateral Assignment; Lender Consent 41 ARTICLE 17 FORCE MAJEURE 43 17.1 Force Majeure Events 43 17.2 Force Majeure Event Notification 43 17.3 Suspension of Performance 43 17.4 Off Specification Delivery Force Majeure 43 17.5 Force Majeure Event Termination 44 17.6 Liability Following Termination 44 ARTICLE 18 LIMITATIONS ON LIABILITY 45 18.1 Disclaimer of Warranties 45 18.2 Limitations on Liability 45 ARTICLE 19 DISPUTE RESOLUTION 45 19.1 Intent of the Parties 45 19.2 Management Negotiations 46 19.3 Specific Performance and Injunctive Relief 46 ARTICLE 20 NOTICES 47 20.1 Notices 47 ARTICLE 21 MISCELLANEOUS 47 21.1 Effectiveness of Agreement; Survival 47 21.2 Audits 48 21.3 Amendments 48 21.4 Waivers 48 21.5 Severability 48 21.6 Standard of Review 48 21.7 Governing Law 49 21.8 Waiver of Trial by Jury 49 21.9 Attorneys’ Fees 49 21.10 No Third-Party Beneficiaries 49 21.11 No Agency 49 21.12 Cooperation 50 21.13 Further Assurances 50 21.14 Captions; Construction 50 21.15 Entire Agreement 50 21.16 Forward Contract 50 21.17 Counterparts 50 Exhibit A Monthly Payment Exhibit ...
Project Design and Construction. The design and construction of all Relocation Premises Work will be performed by architects, designers and a general contractor approved in writing by Landlord and Tenant, which approval shall not be unreasonably withheld.
Project Design and Construction. A. In coordination with Delano Hockey, the City will lead the feasibility, design, and construction phases of the Project.
1. The City and Delano Hockey will form a committee to steer design activities and will jointly fund the feasibility and design phases as follows:
a) Costs for feasibility and design will be split equally between the City and Delano Hockey.
b) Delano Hockey will provide $20,000 to the City up front for its portion of the feasibility and design costs. The City will invoice Delano Hockey for 50% of any additional amounts the City incurs above $40,000.
2. At the end of the feasibility and design phase, the City will make the determination, in its sole discretion, whether to proceed with the Project.
B. The City will retain and contract with all consultants and contractors for the Project, including but not limited to architects, engineers, construction manager, and construction contractor(s), in accordance with the requirements of the Minnesota Uniform Municipal Contracting Law, Minn. Stat. § 471.345.
C. Following the feasibility and design phase, the City and Delano Hockey will enter into one or more separate agreements that address the following:
1. Financing terms, which will include opportunities for Delano Hockey to contribute labor, materials, and/or services as part of its financial contribution.
2. Construction timing and responsibilities.
3. Delano Hockey’s use of the Project, including hours of allocated time and responsibilities for operations.
Project Design and Construction. All work will be performed by designers and contractors selected and engaged by Landlord, except as set forth in Addendum to Lease.
Project Design and Construction. The City staff shall perform the design for the reconstruction of Philo Road south of Windsor Road to the City Corporate Limits. The project shall include those tasks necessary to reconstruct the existing two-lane roadway with 4-foot aggregate shoulders and curb and gutter with asphalt shoulders in selected segments on a 12-inch cement stabilized base. The reconstruction will also include necessary drainage and utility improvements. The construction will be funded with Motor Fuel Tax funds and final construction documents will be submitted to the Illinois Department of Transportation and the County Engineer for review and approval. During construction Urbana shall provide the lead Resident Engineer to oversee the project and the County shall provide an engineer on the job to perform construction inspection duties. Costs incurred by either Champaign County or Urbana to oversee construction shall not be included as part of the local cost share.
Project Design and Construction. The design and construction of all Tenant’s Work will be performed by architects, designers and a General Contractor approved in writing by Landlord, which approval shall not be unreasonably withheld.
Project Design and Construction. All work shall be performed by architects, designers and contractors selected and engaged by Landlord, with the exception of the demolition or installation of low voltage, phone or data cabling, the contractors for which may be selected and engaged by Tenant subject to the approval of Landlord. Landlord will coordinate construction of the improvements at no cost to Tenant.
Project Design and Construction. The design and construction of all Tenant’s Work will be performed by architects, designers and a General Contractor approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove Tenant’s proposed architects, designers and General Contractor within three (3) days after request by Tenant therefor. Landlord hereby pre-approves the following architects and designers: Xxxxxxx Xxxx Architects. At all times following the Delivery Date and during the construction of the Tenant’s Work, Landlord shall provide, at no cost to Tenant, electricity and water to the Demised Premises, access to the service elevators of the Project, and sufficient ventilation to ensure safe working conditions for Tenant’s contractors. Tenant shall have access to the Building risers to accommodate the need for the provision of electrical power from the Generator, and shall construct at its expense a dedicated electrical room for an automatic transfer switch.
