Provision of the Project Sample Clauses

Provision of the Project. The Director agrees that it will cause to be acquired and installed at the Project Site and for use of the Company the Project Equipment, all of which acquisitions and installations shall be made in accordance with the Plans and Specifications. The Director further agrees that it will enter into, or accept the assignment of, such contracts as the Company may request in order to effectuate the purposes of this Section and that it will not make or execute any other contract or give any order for such construction or for the acquisition and installation of Project Equipment except in the manner provided in this Lease. The Director hereby makes, constitutes and appoints the Company as its true and lawful agent, with full power of substitution in the premises and the Company hereby accepts such agency, (a) to acquire and install the Project Equipment in accordance with the Plans and Specifications, (b) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions, either in the name of the Company solely or as the stated agent for the Director, with any other persons, firms or corporations, and in general to do all things which ' may be requisite or proper, all for acquiring and installing the Project Equipment with the same powers and with the same validity as the Director could do if acting in its own behalf, (c) pursuant to the provisions of this Lease, to pay all Allowable Costs incurred in the acquisition and installation of the Project Equipment from funds made available therefor in accordance with this Lease and (d) to ask, demand, xxx for, xxxx, recover and receive all such sums of money, debts, dues and other demands whatsoever which may be due, owing and payable to the Director under the terms of any contract, order, receipt, writing and instruction in connection with acquisition and installation of the Project Equipment, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security. So long as the Company is not in default under any of the provisions of this Lease, this appointment of the Company to act as agent and all authority hereby conferred is granted and conferred irrevocably to the Completion Date and thereafter until all activities in connection with the acquisition and installation of the Project Equipment shall have been completed, and shall not be terminated prior thereto by act of the Director or the Company or by operation of law. The Director and the Comp...
Sample 1
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Provision of the Project. The City and ODOT (a) have commenced or shall promptly hereafter commence the Provision of the Project, and (b) shall pay all expenses incurred in such Provision from funds made available therefor in accordance with this Loan Agreement, or otherwise.
Sample 1
Provision of the Project. (a) Landlord hereby appoints Tenant as Construction Agent to act as Landlord’s agent, and Tenant in its capacity as Construction Agent agrees to act as Landlord’s agent, for the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements in accordance with the Plans and Specifications, including the negotiation, management and supervision of any construction contracts therefor, subject to the approval and execution of those contracts by Landlord in accordance with this Lease Agreement. Tenant further agrees that, subject to Tenant’s interest therein and occupancy, possession and use thereof under this Lease Agreement, Landlord is the owner of the Premises, the Project; the Adjacent Hangar Demolition and the Related Area Improvements, and title to the foregoing, as acquired, constructed and installed, will vest in Landlord, and Tenant will take such actions as may be required, if any, in order to fully vest, and to evidence the full vesting of, that title in Landlord and to protect Landlord’s interests in the Premises, the Project, the Adjacent Hangar Demolition and the Related Area Improvements; and Landlord is and shall be the owner of same. Landlord agrees that it will accept title to the Project, the Adjacent Hangar Demolition and the Related Area Improvements, subject to Provision thereof by Tenant in its capacity as Construction Agent in accordance with the Plans and Specifications. Landlord will grant to Tenant such temporary construction easements in areas of the Air Park adjacent to the Premises as may be necessary to facilitate the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements, with the precise locations of any such temporary construction easements and the terms and conditions relating to Tenant’s use thereof to be mutually agreed upon by Landlord and Tenant in writing.
Sample 1
Provision of the Project. The Company (a) has commenced or shall promptly hereafter cause the Provision of the Project in accordance with the Plans and Specifications, (b) shall pay all expenses incurred in the Provision of the Project from funds made available therefor in accordance with this. Loan Agreement or otherwise, and (c) shall demand, sxx for, lxxx and recover all sums of money and debts which may be due and payable under the terms of any contract, order, receipt, guaranty, warranty, written 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 hereby agrees that all wages paid to laborers and mechanics employed on the Provision of the Project shall be paid, as and if required by Chapter 4115 of the Ohio Revised Code, at the prevailing rates of wages of laborers and mechanics for the classes of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the 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 the Company’s regular bargaining unit employees who are covered under collective bargaining agreements, which were in existence prior to the date of this Loan Agreement, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees. The Director acknowledges and agrees that the Company does not expect that the nature of the Project will require the payment of prevailing wages.
Sample 1
Provision of the Project. The TDD Bonds Beneficiary shall (a) cause the Provision of the Project at the Project Site in accordance with the Plans and Specifications; and (b) use reasonable efforts to construct, acquire, and install other facilities and real and personal property that the TDD Bonds Beneficiary deems necessary for the operation of the Project.
Sample 1
Provision of the Project. The Borrowers (a) have commenced or shall promptly hereafter cause the Provision of the Project in accordance with the Plans and Specifications, (b) shall pay all expenses incurred in the Provision of the Project from funds made available therefor in accordance with this Loan Agreement or otherwise, and (c) shall demand, sxx for, lxxx and recover all sums of money and debts which may be due and payable under the terms of any contract, order, receipt, guaranty, warranty, written 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 Borrowers will cause the Provision of the Project to be prosecuted with due diligence and continuity, will complete the same in accordance with the Plans and Specifications and will, upon demand of the Director, correct or cause to be corrected all defects or departures from the Plans and Specifications. The disbursement of the R & D Loan proceeds, whether before or after such defect or departure are discovered by or called to the attention of the Director, will not constitute a waiver of the right of the Director to require compliance with the foregoing sentence. The Borrowers hereby confirm the agreement of First Solar in the Commitment that all wages paid to laborers and mechanics employed on the Provision of the Project shall be paid, as and if required by Chapter 4115 of the Ohio Revised Code, at the prevailing rates of wages of laborers and mechanics for the classes of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage rates; provided, that if the either of the Borrowers undertake, as part of the Project, work to be performed by either of the Borrower’s regular bargaining unit employees who are covered under collective bargaining agreements, which were in existence prior to the date of this Loan Agreement, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees.
Sample 1
Provision of the Project. The Borrower (a) has provided a marketing plan and management strategy for the Project; (b) has commenced or shall promptly hereafter commence the provision of the Project; (c) has demonstrated the Borrower’s capacity to undertake and oversee the Project, as evidenced by documentation of the applicant’s past performance in economic development Projects; (d) shall pay all expenses incurred in such provision from funds made available therefor in accordance with this Agreement or otherwise; and (e) 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.
Sample 1
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Provision of the Project. The Borrower (a) has commenced or shall promptly hereafter cause the Provision of the Project in accordance with the Operative Documents and the Financing Approval Documents; (b) shall pay all expenses incurred in the Provision of the Project from funds made available therefor in accordance with this Loan Agreement 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.
Sample 1

Related to Provision of the Project

  • Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

  • Completion of the Project The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Completion on or before November 1, 2016.

  • Operation of the Property During the Term, NAI shall operate the Property in a good and workmanlike manner and substantially in compliance with all Applicable Laws and will pay or cause to be paid all fees or charges of any kind in connection therewith. (If NAI does not promptly correct any failure of the Property to comply with Applicable Laws that is the subject of a written notice given to NAI or BNPLC by any governmental authority, then for purposes of the preceding sentence, NAI shall be considered not to have maintained the Property "substantially in accordance with Applicable Laws" whether or not the noncompliance would be substantial in the absence of the notice.) During the Term, NAI shall not use or occupy, or allow the use or occupancy of, the Property in any manner which violates any Applicable Law or which constitutes a public or private nuisance or which makes void, voidable or cancelable any insurance then in force with respect thereto. During the Term, to the extent that any of the following would, individually or in the aggregate, materially and adversely affect the value of the Property or NAI's use, occupancy or operations on the Property, NAI shall not, without BNPLC's prior consent: (i) initiate or permit any zoning reclassification of the Property; (ii) seek any variance under existing zoning ordinances applicable to the Property; (iii) use or permit the use of the Property in a manner that would result in such use becoming a nonconforming use under applicable zoning ordinances or similar laws, rules or regulations; (iv) execute or file any subdivision plat affecting the Property; or (v) consent to the annexation of the Property to any municipality. If (A) a change in the zoning or other Applicable Laws affecting the permitted use or development of the Property shall occur after the Base Rent Commencement Date that reduces the value of the Property, or (B) conditions or circumstances on or about the Property are discovered after the Base Rent Commencement Date (such as the presence of an endangered species) which substantially impede development and thereby reduce the value of the Property, and if after any such reduction under clause (A) or (B) preceding the Current AS IS Market Value of the Property is less than sixty percent (60%) of Stipulated Loss Value, then NAI shall pay BNPLC upon request the amount by which Current AS IS Market Value is less than sixty percent (60%) of Stipulated Loss Value, for application as a Qualified Prepayment. During the Term, NAI shall not cause or permit any drilling or exploration for, or extraction, removal or production of, minerals from the surface or subsurface of the Property, and NAI shall not do any act whereby the market value of the Property may reasonably be expected to be materially lessened. During the Term, if NAI receives a written notice or claim from any federal, state or other governmental entity that the Property is not in compliance in any material respect with any Applicable Law, or that any action may be taken against the owner of the Property because the Property does not comply with Applicable Law, NAI shall promptly furnish a copy of such notice or claim to BNPLC. Notwithstanding the foregoing, NAI may in good faith, by appropriate proceedings, contest the validity and applicability of any Applicable Law with respect to the Property, and pending such contest NAI shall not be deemed in default hereunder because of the violation of such Applicable Law, if NAI diligently prosecutes such contest to completion in a manner reasonably satisfactory to BNPLC, and if NAI promptly causes the Property to comply with any such Applicable Law upon a final determination by a court of competent jurisdiction that the same is valid and applicable to the Property; provided, however, in any event such contest shall be concluded and the violation of such Applicable Law must be corrected by NAI and any claims asserted against BNPLC or the Property because of such violation must be paid by NAI, all prior to the earlier of (i) the date that any criminal prosecution is instituted or overtly threatened against BNPLC or any of its directors, officers or employees because of such violation, (ii) the date that any action is taken by any governmental authority against BNPLC or any property owned by BNPLC (including the Property) because of such violation, or (iii) a Designated Sale Date upon which, for any reason, NAI or an Affiliate of NAI or any Applicable Purchaser shall not purchase BNPLC's interest in the Property pursuant to the Purchase Agreement for a price to BNPLC (when taken together with any additional payments made by NAI pursuant to Paragraph 1(A)(2) of the Purchase Agreement, in the case of a purchase by an Applicable Purchaser) equal to the Break Even Price.

  • Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.

  • Construction of the Improvements Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.

  • Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures ( and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:

  • Development of the Project 4.1 TSP's obligations in development of the Project: Subject to the terms and conditions of this Agreement, the TSP at its own cost and expense shall observe, comply with, perform, undertake and be responsible:

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Possession of the Property The Parties hereby agree that the exclusive possession of the Property shall be delivered by the Seller to the Buyer on .

  • DESCRIPTION OF THE PROPERTY 13.1 The Property as referred to in the Proclamation of Sale shall be deemed to have been correctly and sufficiently described.

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