Common use of Provision of Project Clause in Contracts

Provision of Project. The Company (a) has commenced or shall promptly hereafter commence the Provision of the Project; (b) shall pay all expenses incurred in such Provision from funds made available therefor in accordance with this Agreement, the Lender Loan Documents, the Required Equity Contribution or otherwise; and (c) shall demand, xxx for, xxxx and recover all sums of money and debts which may be due and payable under the terms of any contract, order, receipt, guaranty, warranty, writing or instruction in connection with the Provision of the Project and will enforce the terms of any contract, agreement, obligation, bond or other performance security with respect thereto. The Company confirms its agreement in the Commitment as supplemented b y the Prevailing Wage Letter that, to the extent applicable, all wages paid to laborers and mechanics employed on the Provision of the Project shall be paid at not less than the prevailing rates of wages for laborers and mechanics for the class of work called for b y the Project, which wages shall be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided that if the Company undertakes, as part of the Project, work to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the Commitment, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees.

Provision of Project. The Company (a) has commenced or shall promptly hereafter commence the Provision of the Project; , (b) shall pay all expenses incurred in such Provision from funds made available therefor in accordance with this Loan Agreement, the Lender Loan Documents, the Required Equity Contribution Senior Note Documents or otherwise; , and (c) shall shall, where commercially reasonable, demand, xxx for, xxxx levy and recover all sums of money and debts which may be due and payable under the terms of any contract, order, receipt, guaranty, warranty, writing or instruction in connection with the Provision of the Project and will enforce the material terms of any contract, agreement, obligation, bond and or other performance security with respect thereto. The Company confirms its agreement in the Commitment as supplemented b y the Prevailing Wage Letter that, to the extent applicable, that all wages paid to laborers and mechanics employed on the Provision of the Project shall be paid paid, as required by Chapter 4115, Ohio Revised Code, at not less than the prevailing rates of wages for laborers and mechanics for the class of work called for b y by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided provided, that if the Company undertakes, as part of the Project, work to be performed by its the Company's regular bargaining unit employees who are covered under a collective bargaining agreement agreements which was were in existence prior to the date of the Commitment, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees.

Provision of Project. The Company (a) has commenced or shall promptly hereafter commence the Provision of the Project; (b) shall pay all expenses incurred in such Provision from funds made available therefor in accordance with this Agreement, the Lender Loan Documents, the Required Equity Contribution Agreement or otherwise; and (c) shall demand, sue xxx, levy xxx for, xxxx and recover all sums of money and debts which may be due and payable under the terms of any contract, order, receipt, guaranty, warranty, writing or instruction in connection with the Provision of the Project and will enforce the terms of any contract, agreement, obligationobligations, bond or other performance security with respect thereto. The Company confirms its agreement in the Commitment as supplemented b y the Prevailing Wage Letter that, to the extent applicable, that all wages paid to laborers and mechanics employed on the Provision of the Project shall be paid at not less than the prevailing rates of wages for laborers and mechanics for the class of work called for b y by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided that if the Company undertakes, as part of the Project, work to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the Commitment, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employeesemployees or if the Department of Industrial Relations of the State determines that the Davix-Xxxxx Xxx applies to the Project, then this Section shall not apply, but the Company shall comply with any applicable requirements of the Davix-Xxxxx Xxx and of the Department of Industrial Relations of the State.