Project Use by Avon Sample Clauses

Project Use by Avon. Upon Closing and conveyance of the Parcel to T3, the Parcel shall be burdened by the following non-transferable covenants in favor of Avon with respect to the improvements to be constructed as part of the Project, such covenants to be set forth in the Deed as follows: T3 hereby grants to Avon, the right to use the facilities to be constructed on the Parcel by T3 (the “Athletic Facilities”) for any of the purposes identified on Exhibit C, attached hereto and made a part hereof (each a “Permitted Use”), each Permitted Use to be exclusively used by Avon or such Avon municipal agencies, entities and programs for Avon residents as Avon may determine and in each case the applicable municipal agency or entity shall work with and through the Avon Parks Department (each a “Benefitted User”), but at no time for any private entity or purpose. Each such use shall be on the following terms and conditions. Each Benefitted User will be required to execute T3’s standard waiver of liability form that is signed by all users of the T3 facility. (i) Each Permitted Use shall require reservation of the Athletic Facilities by or on behalf of the Benefitted User by written notice to T3 specifying the date, time and duration of the Permitted Use, the purpose of the Permitted Use, the Benefited User, and the specific area of the Athletic Facilities to be used, such notice to be received by T3 not less than sixty (60) days prior to each intended Permitted Use, a (“Reservation”). Any conflict among multiple Benefitted Users attempting to make a reservation for use of the Athletic Facilities shall be resolved by the Avon Parks Director. (ii) Absent a timely Reservation of the Athletic Facilities, the use thereof on such day or days by all Benefitted Parties for any Permitted Use shall be deemed waived, whereupon T3 shall be entitled to use the Athletic Facilities in their entirety on such day or days for such purposes as T3 may deem appropriate. (iii) Except for Reservations of Avon Residents for services provided by T3 for which fees will be charged with a ten percent (10%) discount from the lowest advertised price, management of the Permitted Use, and Benefitted User(s), and of all Reservations for the use thereof by Benefitted Users, shall in each case be by the Avon Parks Director, who shall be solely responsible, at its sole cost and expense, for overseeing such use and coordinating all Reservations by Benefitted Users on behalf of Avon. In the event that any Permitted Use and/or...
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Related to Project Use by Avon

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  • Planned Maintenance (a) Subject to any modification or amendment of this Agreement made pursuant to Section 4.2(c) or Section 7.3(d), Planned Maintenance occurring during the Delivery Term shall be coordinated and scheduled in accordance with this Section 9.6. Seller shall perform all Planned Maintenance (including Major Planned Maintenance) in a manner that optimizes the generation and benefits to Buyer of the Contract Energy, Storage Energy, and other Products (e.g., during off-peak periods and low-irradiance periods) and, without limiting the foregoing, either (i) outside of Daylight Hours or (ii) during the months of October and November only, during Daylight Hours; provided, however, that the foregoing restrictions shall not apply to any Planned Maintenance that Seller is required to perform pursuant to any applicable manufacturer warranty that cannot reasonably be performed by Seller subject to such restrictions. (b) Seller shall deliver to Buyer a proposed schedule for Planned Maintenance in respect of each Contract Year (“Planned Maintenance Schedule”) no later than ninety (90) Days before the start of such Contract Year. Planned Maintenance Schedules submitted by Seller shall (i) comply with the second sentence of Section 9.6(a) and (ii) include reasonably detailed descriptions of the Planned Maintenance to be performed, the Days and times in which each type of Planned Maintenance is scheduled to be performed, the estimated amount(s) of Contract Capacity and Storage Capacity that will be unavailable due to Planned Maintenance and the total number of hours that Seller expects that the Contract Capacity and Storage Capacity will be unavailable due to Planned Maintenance. The general form for the Planned Maintenance Schedule is set forth in Schedule 9.6. (The Planned Maintenance descriptions reflected in the general form set forth in Schedule 9.6 are provided for indicative purposes only, and are not necessarily representative of the detail, time periods, or certainty required for a Planned Maintenance Schedule hereunder.) (c) Buyer shall have the right to disapprove, in its reasonable discretion (provided that Buyer shall have the right to disapprove, in its sole and absolute discretion, any Planned Maintenance proposed by Seller that is inconsistent with the terms of this Agreement), any Planned Maintenance set out in any Planned Maintenance Schedule proposed by Seller for any Contract Year, except for any Planned Maintenance that (i) is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November or (ii) Seller is required to perform pursuant to any applicable manufacturer warranty and that is scheduled to occur in compliance with Section 9.6(a). If Seller submits its Planned Maintenance Schedule for a Contract Year in accordance with the requirements of this Agreement and Buyer does not disapprove of any Planned Maintenance set out in such Planned Maintenance Schedule by sixty (60) days after submission, then such Planned Maintenance Schedule shall be deemed approved. If Buyer, in the exercise of its discretion as set forth above, disapproves any Planned Maintenance in such Planned Maintenance Schedule within the applicable time period specified above after its submission, Buyer shall notify Seller and the Parties shall use Commercially Reasonable Efforts to agree upon and finalize a mutually acceptable Planned Maintenance Schedule for the applicable Contract Year. Seller shall conduct Planned Maintenance during such Contract Year only in accordance with an agreed Planned Maintenance Schedule; provided, however, that Seller may (A) move Planned Maintenance included in an agreed Planned Maintenance Schedule that is not Major Planned Maintenance, so long as such move is consistent with the terms of this Agreement (including the second sentence of Section 9.6(a)) or, with respect to Major Planned Maintenance, if such Major Planned Maintenance is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November and (B) schedule and perform Planned Maintenance not reflected in the Planned Maintenance Schedule so long as such Planned Maintenance is scheduled to be performed outside of Daylight Hours or during Daylight Hours during the months of October and November and Seller provides Buyer at least two (2) weeks’ prior written notice of such Planned Maintenance; provided further that Buyer shall have the right to advise Seller of periods when Buyer prefers, based on solar irradiance, supply, market and other conditions, that any Major Planned Maintenance be deferred, and Seller shall use Commercially Reasonable Efforts to comply with such request. 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