Project Right of Way Sample Clauses

Project Right of Way. Contractor shall perform all Project ROW Acquisition Work necessary for the construction and operation of the Project that is set forth in the ROW Acquisition and Relocation Plan in accordance with the Standard of Care, Laws (including the Uniform Act and Titles 25.1 and 33.1 of the VA. Code), Applicable Standards, Exhibit CC (Project Right of Way Acquisition), the Technical Requirements, this Agreement and the other Contract Documents; provided, that Contractor may not make any offers to acquire the Project Right of Way or the Real Estate Rights until the Department has issued a “Notice to Commence Right of Way Acquisition” to Concessionaire under the Comprehensive Agreement. Except as otherwise provided below in this Section 2.1.6.1
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Project Right of Way. 17 6.1 Owner’s Right-of-Way Acquisition Rights and Responsibilities 17 6.2 Access to Planned Project Limits. 17 6.3 Priority 1 Areas 18 6.4 Priority 2 Areas 18 6.5 Priority 3 Areas 19 6.6 Contractor’s Responsibilities 19 ARTICLE 7. UTILITY RELOCATION AND UTILITY FEEDS 20 7.1 Contractor’s Obligation 20 7.2 Utility Self-Performance Payments 21 7.3 Property Acquisition for Utility Relocations and Utility Feeds 21 ARTICLE 8. KEY PERSONNEL 23 8.1 Approval and Removal of Key Personnel 23 8.2 Availability of Key Personnel 23 8.3 Key Personnel Financial Interests 23 ARTICLE 9. HAZARDOUS SUBSTANCES 23 9.1 Hazardous Environmental Conditions 23 ARTICLE 10. APPLICABLE LAW AND REGULATORY APPROVALS 26 10.1 General 26 10.2 Obligation to Obtain Regulatory Approvals 26 10.3 Change in Law 27 ARTICLE 11. WARRANTIES 27 11.1 Warranties 27 11.2 Warranty Period 28 11.3 Subcontractor Warranties 29 11.4 Assignment of Warranties 29 11.5 Damages for Breach of Warranty 30 11.6 Landscaping Maintenance 30 ARTICLE 12. ESCROW BID DOCUMENTS, RECORDS AND REPORTS. 30 12.1 Provision and Maintenance of Escrow Bid Documents 30 12.2 Maintenance of Books and Records 30 12.3 Public Records 31 12.4 Reporting Requirements 31 12.5 Access to and Audit of Books and Records 32
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Project Right of Way. Describe the limits of work of the project identifying whether all work is on property owned by the applicant (by full ownership or easement) or if licenses/agreements are required. If licenses /agreements are required, identify the status of those rights.
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Project Right of Way. 16 6.1 Owner’s Right-of-Way Acquisition Rights and Responsibilities 16 6.2 Contractor’s Responsibilities 16
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Project Right of Way. 6.1 Owner’s Right-of-Way Acquisition Rights and Responsibilities. 6.1.1 Except as provided in Section 6.6.1(b) and Article 7, Owner has acquired, or shall perform all services to acquire, title or rights to use the properties within the Planned Project Limits that are necessary for the construction, operation and maintenance of the Project. 6.1.2 Owner represents that the Planned Project Limits identified as of the Effective Date are adequate to design and construct the permanent Project facilities in accordance with the Project Technical Requirements. In the event that Contractor cannot design and construct the permanent Project facilities in accordance with the Project Technical Requirements within such Planned Project Limits, Owner shall, at its sole cost and expense, acquire Additional Property required to enable Contractor to design and construct the permanent Project facilities in accordance with the Project Technical Requirements. Further, Owner shall be responsible for performing all services to acquire title or rights to use any Additional Properties that are required due to a Change Order. For purposes of this Section 6.1.2, the term “permanent Project facilities” excludes Utility Relocations and Utility Feeds. 6.1.3 For properties within the Planned Project Limits that Owner has yet to acquire title or rights to use, Contractor shall not contact the owners of such properties to obtain early access to such properties without the prior written approval of Owner, which approval may be withheld at Owner’s sole discretion. Any early access obtained by Contractor, and any Work performed prior to Owner acquiring title or right to use such properties, shall be at Contractor’s sole cost and risk. 6.1.4 Owner’s obligations with respect to properties that are associated with Utility Relocations are set forth in Section 7.3.
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Project Right of Way. Contractor shall provide the services necessary to acquire all Project Right of Way necessary for the construction and operation of the Project in accordance with the Standard of Care, Applicable Laws, Applicable Standards, the Technical Requirements, this Agreement and the other Contract Documents, including the undertaking of studies, assessments and tests required thereby, temporary Utility Relocations and interchange expansions. Except as otherwise provided in Section 2.1.6.2, amounts requisitioned by Contractor for direct payments to the applicable landowners to acquire the Project Right of Way and for expenses proximately related to such acquisition shall be provided from the ROW Allowance and the HOT Operations Center Site Allowance, as applicable. Contractor’s Project Right of Way acquisition services shall include Utilities Relocation services in accordance with the requirements of the Contract Documents, assessment of the land required for the Work, preparation of the Project Right of Way Acquisition Plan, appraisals, appraisals reviews, negotiations with landowners and Utility owners using its Commercially Reasonable Efforts to settle claims, if any, amicably (but Contractor shall not be required to pay more than fair market value for any property), relocation assistance and advisory services, legal services, engagement of relevant property consultants and all other services other than exercise of power of condemnation and related services that is VDOT’s responsibility. Contractor shall prepare, obtain execution of, and record documents conveying title to such properties in the Project Right of Way to the Commonwealth of Virginia in fee simple, except as may be specifically agreed to by VDOT, and shall deliver all executed and recorded general warranty deeds to Concessionaire. Contractor shall exercise due diligence and use Commercially Reasonable Efforts in determining whether property to be acquired may contain waste or other materials or hazards requiring remedial action or treatment and shall otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements. The Parties acknowledge that VDOT has agreed under the Comprehensive Agreement that it shall (i) handle condemnation proceedings for the Project Right of Way in accordance with the Technical Requirements where agreement cannot be reached with property owners within a reasonable period of time, provided tha...
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Project Right of Way. Concessionaire shall furnish all VDOT Existing ROW that is provided to Concessionaire from VDOT under the Comprehensive Agreement, such VDOT Existing ROW to be made available by the later of the Agreement Date under the Comprehensive Agreement or the Commencement Date under this Agreement. Concessionaire shall be responsible for all ROW Acquisition Costs for the site of the HOT Operations Center that, combined with ROW Acquisition Costs for easements for fiber optic routing to the HOT Operations Center, exceed the HOT Operations Center Site Allowance. The site of the HOT Operations Center will be determined by the Concessionaire. If the design or construction scope (physical work) associated with the site of the HOT Operations Center (inclusive of the HOT Operations Center building to occupancy stage originally proposed to be designed and constructed at 0000 Xxxxxxxx Xx., Xxxxxxxxxx, Xxxxxxxx, site civil work, demolition, and utilities, duct bank/conduit, and fiber optic runs) various from that proposed in the Scope Document, then the Contractor will be entitled to claim a Scope Change Order in accordance with the procedures set forth in Article 12 adjusting one or more of the Contract Sum, the Payment and Values Schedule, the Project Schedule and the Guaranteed Substantial Completion Date to the extent Contractor's performance of the Work is adversely affected by such variation.
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Project Right of Way. ACHD has previously contributed to VRT that portion underneath the existing public right-of- way to facility the development of the MMC through the adoption of the Contribution Agreement, dated June 4, 2014. In addition, ACHD shall provide access to the public right-of- way for the Project, which will include the closure of Main Street from 8th Street to Capitol Blvd to facilitate the construction of the MMC and the relocation of the utilities.
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Related to Project Right of Way

  • Right of Way The Site

  • Special/temporary right of way The Contractor shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the Site. The Contractor shall obtain at its cost such facilities on or outside the Site as may be required by it for the purposes of the Project Highway and the performance of its obligations under this Agreement.

  • Rights-of-Way Each of the Partnership Entities has such consents, easements, rights-of-way or licenses from any person (“rights-of-way”) as are necessary to conduct its business in the manner described in the Pricing Disclosure Package and the Prospectus, subject to such qualifications as may be set forth in the Pricing Disclosure Package and the Prospectus and except for such rights-of-way the failure of which to have obtained would not have, individually or in the aggregate, a Material Adverse Effect; each of the Partnership Entities has fulfilled and performed all its material obligations with respect to such rights-of-way and no event has occurred which allows, or after notice or lapse of time would allow, revocation or termination thereof or would result in any impairment of the rights of the holder of any such rights-of-way, except for such revocations, terminations and impairments that will not have a Material Adverse Effect, subject in each case to such qualification as may be set forth in the Pricing Disclosure Package and the Prospectus; and, except as described in the Pricing Disclosure Package and the Prospectus, none of such rights-of-way contains any restriction that is materially burdensome to the Partnership Entities, taken as a whole.

  • Easement To the extent applicable, Owner agrees to grant to Bell a non-exclusive easement and statutory right of way and/or a path to the property line from the Building, as the case may be and in or through the Equipment Space if it is determined that a fibre optic cable or such other Equipment must be installed to the Building and/or in the Equipment Space. Owner and Bell shall in advance, agree upon a suitable location to install the fibre optic cable on the property of the Owner. Owner agrees to allow Bell to register, at Xxxx'x expense, the easement and right of way, and/or notice of this Agreement

  • The Site The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in respect of which the Right of Way shall be provided by the Authority to the Contractor. The Authority shall be responsible for: (a) acquiring and providing Right of Way on the Site in accordance with the alignment finalised by the Authority, free from all encroachments and encumbrances, and free access thereto for the execution of this Agreement; and (b) obtaining licences and permits for environment clearance for the Project Highway.

  • Owned Property We do not cover property damage to property owned by any insured or any other resident of any insured's household. This includes expenses and costs incurred by any insured or others to repair, replace, restore or maintain such property to prevent injury to a person or damage to property of others, whether on or away from an insured location.

  • Project Site The “Project Site” is the place where the Work is being carried on.

  • Title to Properties; Leases Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

  • Leaseholds If the Mortgage Loan is secured by a long-term residential lease, (1) the lessor under the lease holds a fee simple interest in the land; (2) the terms of such lease expressly permit the mortgaging of the leasehold estate, the assignment of the lease without the lessor's consent and the acquisition by the holder of the Mortgage of the rights of the lessee upon foreclosure or assignment in lieu of foreclosure or provide the holder of the Mortgage with substantially similar protections; (3) the terms of such lease do not (a) allow the termination thereof upon the lessee's default without the holder of the Mortgage being entitled to receive written notice of, and opportunity to cure, such default, (b) allow the termination of the lease in the event of damage or destruction as long as the Mortgage is in existence, (c) prohibit the holder of the Mortgage from being insured (or receiving proceeds of insurance) under the hazard insurance policy or policies relating to the Mortgaged Property or (d) permit any increase in rent other than pre-established increases set forth in the lease; (4) the original term of such lease is not less than 15 years; (5) the term of such lease does not terminate earlier than five years after the maturity date of the Mortgage Note; and (6) the Mortgaged Property is located in a jurisdiction in which the use of leasehold estates in transferring ownership in residential properties is a widely accepted practice;

  • Owned Properties (i) Seller has good, indefeasible and marketable title to the Owned Real Estate and all personal property and fixtures thereon, free and clear of all liens and Encumbrances except the Permitted Exceptions (as such term is defined on Exhibit I attached hereto and made a part hereof). --------- (ii) There are no pending or threatened condemnation proceedings, lawsuits, violations of applicable law or administrative actions relating to the Owned Real Estate or other matters affecting adversely the current use, access to, occupancy, or value of the Owned Real Estate. (iii) Seller has complied with and the Owned Real Estate complies with all Legal Requirements and Environmental and Safety Requirements. (iv) All buildings, Fee Improvements and other property on the Owned Real Estate, including all streets, curbs, curb cuts, sidewalks, sewers and utilities (including any necessary gas, electricity, water, sanitary and storm sewer service) have been supplied, completed and installed, and connected and (where appropriate) dedicated to and accepted by the local governing body. (v) No notice from any governmental authority, insurance company or from any board of fire underwriters or real estate association (or other body exercising similar functions) has been received requesting the performance of any repairs, alterations or other work or affecting the operation of the Owned Real Estate. (vi) The Owned Real Estate has been issued all permanent certificates of occupancy, all licenses, Permits, authorizations and approvals required by all governmental authorities having jurisdiction over the Owned Real Estate for the continued use of the Owned Real Estate as used at present, which are all in full force and effect. (vii) Any covenants or restrictions to which the Owned Real Estate is subject have not been violated and will not be violated by any pending or contemplated improvement to the Owned Real Estate or use of the Owned Real Estate. (viii) Seller will have paid, prior to the Closing Date, all taxes and assessments, including assessments payable in installments, which are to become due and payable and/or a lien on the Owned Real Estate, except for Taxes for the current year which shall be prorated at Closing, and no portion of the Owned Real Estate is affected by existing or impending special assessments, whether or not a lien thereon, and Seller has no knowledge of any impending increase in real estate or personal property Taxes affecting the Owned Real Estate. (ix) Seller is not a "foreign person" as such term is defined in Section 1445(f)(3) of the Code. (x) There are no leases, subleases, licenses, concessions or other agreements, written or oral, granting to any Person the right of use or occupancy of any portion of the Owned Real Estate and no Person other than Seller is in possession of the Owned Real Estate. (xi) There are no outstanding options or rights of first refusal to purchase or lease the Owned Real Estate or any portion thereof or interest therein. (xii) No air or development rights with respect to the Owned Real Estate have been transferred or sold, and no contract to sell such air or development rights is outstanding, other than pursuant to the terms and conditions of this Agreement. (xiii) No employees, agents or contractors have been hired by or otherwise employed by Seller for the maintenance or management of the Owned Real Estate. (xiv) No Contracts affect or impact the Owned Real Estate in any manner whatsoever including, without limitation, Contracts relating the operation, management, repair, operation or improvement of the Owned Real Estate. (xv) All appliances and the water, sewer, heating, electrical, plumbing, air conditioning and other mechanical and electrical systems are in good working order and are adequate in quantity and quality for normal operations and are free from leaks. The roofs are free from leaks and are in sound structural condition. All other structural and non-structural portions of the Fee Improvements on the Owned Real Estate, including walls and foundations, are in sound structural condition and do not materially vary from their intended grade. (xvi) The Owned Real Estate is free and clear of all visible evidence of termites, fungus, dry rot, beetles, other wood destroying insects, pests, faulty grade levels, shower leaks, cellulose debris or excessive moisture conditions, or other pest infestation or damage. (xvii) No part of the Owned Real Estate is located in a flood plain or flood hazard or flood prone area as delineated by the federal or state government. (xviii) All work performed on or materials furnished with respect to the Owned Real Estate prior to the Closing Date have been paid for by Seller prior to the Closing Date. (xix) No portion of the Owned Real Estate or the building or the Fee Improvements thereon is designated by or registered with any governmental authority as historic or landmark buildings or any other similar designation or registration and Seller shall not attempt to obtain or effect any such designation or registration. (xx) Seller represents and warrants that it did not deal with any broker or sales agent in connection with this Agreement or the sale of the Owned Real Estate.

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