Project Right of Way Acquisition Sample Clauses

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and p...
Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow
Sample 1Sample 2Sample 3See All (6)
Project Right of Way Acquisition. 10.1 Developer’s Responsibility 46 10.2 Costs 47 10.3 TxDOT’s Responsibility 47 10.4 ROW Acquisition Manager 48 10.5 Developer Acquisition 48 10.6 Saleable Improvements 48
Sample 1Sample 2Sample 3See All (5)
Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or the
Sample 1Sample 2
Project Right of Way Acquisition. 4.4.1 The Project shall be situated entirely within the Project Right of Way all of which is either owned by the Department or the Presidio Trust; provided the parties hereby acknowledge that the rehabilitation or replacement work relating to the outfall facility will take place on lands owned by the National Parks Service. If Developer identifies additional Project Right of Way or other lands or property rights as needed to construct Phase II, Developer shall be responsible for all costs incurred by the Department in the acquisition of the additional Project Right of Way or other lands or property rights, and shall bear the sole risk and cost of any time and cost impacts to the Work related to such acquisition. Developer shall sequence and schedule the Work based on the anticipated Project ROW clear dates and dates relating to completion of the acquisition of the other lands or property rights identified in the Contract Documents to avoid and minimize potential impacts to the Work. Subject to Developer’s rights to claim a Relief Event under clause (c) of the definition of Department-Caused Delays, Developer shall not be entitled to submit a claim for Extra Work Costs, Delay Costs, time extensions or other relief for impacts that could have been avoided through proper sequencing and scheduling of the Work. 4.4.2 Developer shall be solely responsible for obtaining any real property that is not Project Right of Way which Developer deems desirable for the Project, including temporary permits and leases needed for construction staging, in accordance with the Contract Documents. 4.4.3 Requests by Developer for any additional right of way, whether permanent or temporary, shall be submitted and processed in accordance with [Section of Division ].
Sample 1Sample 2
Project Right of Way Acquisition. Respecting the Relief Event under clause (f) of the definition of Relief Event (concerning IFA-Caused Delay) where the IFA-Caused Delay is under clause (c)(ii) of such definition (concerning a time period to make available to Developer Additional Property being acquired), Developer shall have no Claim to a Relief Event or Change Order on account of, and Developer shall have the sole risk arising out of: 15.7.2.1 The refusal of any Governmental Entity that owns or controls an Additional Property to grant necessary rights of access, entry and use to IFA after IFA makes diligent efforts to negotiate acquisition of such Additional Property; or 15.7.2.2 The holding by the court in any condemnation action for the taking of an Additional Property to the effect that (a) IFA’s power of eminent domain does not extend to such Additional Property or (b) the proposed condemnation does not satisfy legal requirements for necessity of the taking.
Sample 1
Project Right of Way Acquisition. 6.1 Project Right of Way Acquisition Requirements 6.2 Right of Way Acquisition Plan and Right of Way Plans 6.3 Acquisition by Condemnation 6.4 Acquisitions by Negotiation and Conveyances to Department 6.5 Hazardous Substance Investigations and Remediation
Sample 1
AutoNDA by SimpleDocs
Project Right of Way Acquisition. Contractor shall be responsible for acquiring the Project Right of Way as specified in this Article 6.
Sample 1

Related to Project Right of Way Acquisition

  • ENCROACHMENT/ACQUISITION The Assignee/Bank has no notice or knowledge of any encroachment or that the Government or any other authority has any immediate intention of acquiring the whole or any part of the Property for roads or any other improvement schemes and if such encroachment shall be found to exist or if the Government or any local authority has any such intention, the same shall not annul the sale or shall any abatement or compensation be allowed in respect thereof.

  • Limited Condition Acquisitions Notwithstanding anything in this Agreement or any Loan Document to the contrary, when calculating any applicable ratio or any basket based on Consolidated EBITDA or total assets, or determining other compliance with this Agreement (including the determination of compliance with any provision of this Agreement which requires that no Default or Event of Default has occurred, is continuing or would result therefrom, but excluding Section 4.02 to the extent set forth therein) in connection with a Specified Transaction undertaken in connection with the consummation of a Limited Condition Acquisition, the date of determination of such ratio or any basket based on Consolidated EBITDA or total assets, and determination of whether any Default or Event of Default has occurred, is continuing or would result therefrom or other applicable covenant shall, at the option of the Borrower (the Borrower’s election to exercise such option in connection with any Limited Condition Acquisition, an “LCA Election”), be deemed to be the date the definitive agreements for such Limited Condition Acquisition are entered into (the “LCA Test Date”) and if, after such ratios and other provisions are measured on a Pro Forma Basis after giving effect to such Limited Condition Acquisition and the other Specified Transactions to be entered into in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) as if they occurred at the beginning of the applicable Test Period ending prior to the LCA Test Date, the Borrower could have taken such action on the relevant LCA Test Date in compliance with such ratios and provisions, such provisions shall be deemed to have been complied with; provided that no such acquisition shall constitute a Limited Condition Acquisition unless the Payment Conditions are satisfied on a Pro Forma Basis on the applicable LCA Test Date. For the avoidance of doubt, (x) if any of such ratios are exceeded as a result of fluctuations in such ratio (including due to fluctuations in Consolidated EBITDA of the Borrower and its Subsidiaries) at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios and other provisions will not be deemed to have been exceeded as a result of such fluctuations solely for purposes of determining whether the Limited Condition Acquisition is permitted hereunder and (y) such ratios and other provisions shall not be tested at the time of consummation of such Limited Condition Acquisition or related Specified Transactions. If the Borrower has made an LCA Election for any Limited Condition Acquisition, then in connection with any subsequent calculation of any ratio or basket availability with respect to any other Specified Transaction on or following the relevant LCA Test Date and prior to the earlier of the date on which such Limited Condition Acquisition is consummated or the date that the definitive agreement for such Limited Condition Transaction is terminated or expires without consummation of such Limited Condition Acquisition, any such ratio or basket shall be calculated on a Pro Forma Basis assuming such Limited Condition Acquisition and other transactions in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) have been consummated.

  • 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.

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

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