Project Under Construction. Buyer understands and acknowledges that the Unit and/or other units may still be under construction after the Effective Date of this Contract and that CONSTRUCTION SITES ARE INHERENTLY DANGEROUS. Buyer agrees that it will not enter the construction area or Unit prior to Closing without the express prior permission of Seller, which may be withheld in Seller’s sole discretion. Buyer hereby assumes all risks of personal injury and damages arising from any construction site entry, and further agrees to indemnify and hold Seller and Seller’s members, employees, agents, contractors, sub-contractors, successors and assigns harmless for any claims, damages, actions, liabilities, injuries, or deaths sustained by Buyer or Buyer’s agents, guests, or invitees while present at the construction site, excepting claims caused by Seller’s gross negligence or willful misconduct. Buyer acknowledges that as of Closing, the construction of planned common area and infrastructure may not be completed.
Project Under Construction. (i) With respect the Prairie Breeze II Project to the reasonable satisfaction of Purchaser: (i) all “obligations under the construction loan” (as such concept is defined in the applicable Financing Document to be entered into) have been paid in full or otherwise satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld), (ii) all conditions to the “funding date” (as such concept is defined in the applicable Tax Equity Document to be entered into) have been satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld) by the tax equity investors and the “tax equity funding date capital contribution” (as such concept is defined in the applicable Tax Equity Documents to be entered into) has been made, and (iii) the applicable ECCA, Tax Equity LLCA and transaction documents completed thereby shall have been executed and entered into substantially in the forms Made Available to Purchaser as of the Effective Date or in forms reasonably acceptable to Purchaser.
(ii) With respect the Prairie Breeze III Project to the reasonable satisfaction of Purchaser: (i) all “obligations under the construction loan” (as such concept is defined in the applicable Financing Document to be entered into) have been paid in full or otherwise satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld), (ii) all conditions to the “funding date” (as such concept is defined in the applicable Tax Equity Documents to be entered into) have been satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld) by the tax equity investors and the “tax equity funding date capital contribution” (as such concept is defined in the applicable Tax Equity Documents to be entered into) has been made, and (iii) the applicable ECCA, Tax Equity LLCA and transaction documents contemplated thereby shall have been executed and entered into substantially in the forms Made Available to Purchaser as of the Effective Date or in forms reasonably acceptable to Purchaser. (n) Amended and Restated LLC Agreement & Option Agreement. Seller shall have executed and delivered (or cause to be executed and delivered) to Purchaser the Amended and Restated LLC Agreement and Option Agreement for PB Expansion Class B Holdings. (o) O&M Agreement. Seller shall have delivered to Purchaser an O&M Agreement in substantially the form attached hereto...
Project Under Construction. With respect to the Rattlesnake Project, to the reasonable satisfaction of Purchaser: (i) all “Obligations” with respect to the “Construction Loan” (each as defined in the applicable Financing Document) have been paid in full or otherwise satisfied and all conditions to the “Term Conversion Date” (as defined in the applicable Financing Document) have been satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld) and the “Term Conversion Date” (as defined in the applicable Financing Document) has occurred, (ii) all conditions to the “Funding Date” (as defined in the Tax Equity Document) have been satisfied or waived (subject to the consent of the Purchaser, such consent not to be unreasonably withheld) and the “Class A Funding Date Capital Contribution” (as defined in the Tax Equity Document) has been made, and (iii) the Tax Equity LLCA and transaction documents contemplated thereby have been executed and entered into substantially in the form Made Available to Purchaser as of the Original PSA Date.
