Common use of Qualification as Project Clause in Contracts

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises in such a way as to cause or permit the Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State.

Qualification as Project. (a) The Tenant Sublessee will not take any action, or fail to take any action, which action or failure to act would cause the Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant Sublessee will in no event use the Demised Premises Facility in such a way as to cause or permit the Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises Facility has not and will not result in the removal of a facility or plant of the Tenant Sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant Sublessee located within the State.

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises Facility in such a way as to cause or permit the Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises Facility has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State.

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises in such a way as to cause or permit the Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State., except as permitted and authorized pursuant to GML Section 862(1)..

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Project Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises in such a way as to cause or permit the Project Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State.

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Company Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises in such a way as to cause or permit the Company Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State.

Qualification as Project. (a) The Tenant will not take any action, or fail to take any action, which action or failure to act would cause the Phase 2B Facility not to constitute a “project” as such quoted term is defined in the Act. Without limiting the generality of the foregoing, the Tenant will in no event use the Demised Premises in such a way as to cause or permit the Phase 2B Facility to be used in violation of Section 862(2)(a) of the Act. (b) The occupation of the Demised Premises has not and will not result in the removal of a facility or plant of the Tenant from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of the Tenant located within the State.