Project Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect:
(a) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of the Company, its affiliates or the Joint Venture, have been: (A) duly paid; (B) duly performed; or (C) provided for prior for the date hereof; and
(b) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which the Company, any of its affiliates, or the Joint Venture, is directly or indirectly bound, have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the Ordinary Course of business.
Project Matters. Description of Projects: · Walmart — Deployment of Plug Power Inc.’s signature turnkey solution, GenKey, which incorporates GenDrive fuel cell systems, GenFuel hydrogen fueling infrastructure, GenCare aftermarket service, and GenFuel hydrogen gas to power the systems. The projects are sold to a bank then leased back to Plug Power for use at the customer’s location. · Volkswagen — Deployment of Plug Power Inc.’s signature turnkey solution, GenKey, which incorporates GenDrive fuel cell systems, GenFuel hydrogen fueling infrastructure, GenCare aftermarket service, and GenFuel hydrogen gas to power the systems. The projects are sold to a bank then leased back to Plug Power for use at the customer’s location. · The Home Depot — Deployment of Plug Power Inc.’s signature turnkey solution, GenKey, which incorporates GenDrive fuel cell systems, GenFuel hydrogen fueling infrastructure, GenCare aftermarket service, and GenFuel hydrogen gas to power the systems. The projects are sold to a bank then leased directly to the customer for use at their location. · Xxxxx & Xxxxxx - Deployment of Plug Power Inc.’s signature turnkey solution, GenKey, which incorporates GenDrive fuel cell systems, GenFuel hydrogen fueling infrastructure, GenCare aftermarket service, and GenFuel hydrogen gas to power the systems. The projects are sold to a bank then leased directly to the customer for use at their location.
Project Matters. Calpine/Bechtel may (a) upon notice to the City, assign this Agreement without the prior written consent of the City (1) to any company or companies designated by Calpine/Bechtel in connection with the development, construction, ownership and operation of the Project, and upon any such assignment from Calpine/Bechtel to such company or companies (and the assumption by such company or companies of Calpine/Bxxxxxx’x obligations hereunder), Calpine/Bechtel shall automatically be released and discharged from any and all liability and obligations arising out of or relating to this Agreement that arise after the date of such assignment (provided that, in the event of any such assignment occurring (x) prior to the completion of the additional wxxxx if required by the City pursuant to Section 5.02(B)(2) and (3), or (y) while any payments to the City required by Section 5.01 (B)(3) or Section 6.02 (B) are still outstanding, Calpine/Bechtel shall have provided the City assurances reasonably satisfactory to the City that such obligations will be assigned to a person or entity financially and technically capable of performing or causing such work to be completed and/or said payments to be made, as the case may be) or (2) to MEC LLC (in the case of an assignment by CPN Delta) or to CPN Delta (in the case of an assignment by MEC LLC), and upon any such assignment by MEC LLC or CPN Delta, as the case may be (and the assumption by such assignee of the assignor’s obligations hereunder), the assignor shall automatically be released and discharged from any and all liability and obligations arising out of or relating to this Agreement that arise after the date of such assignment; and (b) enter into the assignments and related transactions contemplated under Section 7.11.
Project Matters. (a) The Vendor, the subdivider (the "Subdivider") of the plan of subdivision in which the Property is situate or their servants or agents may, for such period after the Occupancy Date as is designated by the Subdivider and/or Vendor, enter upon the Property at all reasonable hours to enable completion or correction of sodding, fencing, corner lot screens or fences, subdivision aesthetic enhancement features, to inspect, repair, complete or rectify construction, grade and undertake modifications to the surface drainage, including installation of catch basins, without liability therefor, and the Transfer/Deed may contain such provisions.
(b) The Purchaser will not alter the grading of the Property contrary to the municipally approved drainage pattern, and provided that lot grading has been completed in accordance with the municipally approved drainage and/or grading control plan, the Purchaser is estopped both from objecting thereto and from requiring any amendments thereto. If the Vendor has not undertaken to pave or finish the driveway pursuant to this Agreement, the Purchaser shall not pave or finish the driveway without the prior written consent of the Vendor and the prior written consent of the Subdivider and the Municipality, if required by the subdivision agreement or any other municipal agreement. Following such approval and prior to completing the driveway, the Purchaser shall notify the Vendor in writing so that water keys/boxes can be located and raised, if necessary. The Purchaser covenants and agrees not to damage or alter any subdivision service, and shall be liable for the cost of rectification of any such damage or alteration, and in the event same is not paid upon demand, the Vendor shall have the right to register a lien on title to secure such payment. The Purchaser agrees that neither the Purchaser(s) nor their successors or assigns shall construct or install a swimming pool, hot tub, underground sprinkler system, fencing, decking, curbs, retaining walls, landscape rocks, trees, shrubs, gazebos or other structures, nor shall the Purchaser alter or widen the driveway upon the Property until after the Vendor has obtained acceptance of lot grading from the Municipality and the Subdivider and after the Purchaser has made due application for (if applicable) any permits required for such work by the Municipality or any other authority with jurisdiction. The Purchaser agrees to remove such additions and/or improvements at its own cost upon the V...
Project Matters
