Qualified Project. OHCS and Owner hereby acknowledge and agree that, at all times during the term of this Operating Agreement, the Project is to be owned, managed and operated as a Project qualified for funding with Article XI-Q Bonds and with funding supplied pursuant to the Conduit Bond Documents and Financing Documents. [Note: Delete shaded area of sentence if not applicable.] To that end Owner hereby represents, covenants, warrants, and agrees as follows:
Qualified Project. An energy efficiency project which meets the Eversource C&LM Plan program requirements, the requirements of this MA, and the requirements of C.G.S. Section 16a-37u (b) regarding State buildings.
Qualified Project. OHCS and Borrower hereby acknowledge and agree that, at all times during the term of this Operating Agreement, the Project is to be owned and operated as a Project qualified for funding with Article XI-Q. To that end Borrower hereby represents, covenants, warrants, and agrees as follows:
Qualified Project. 4.1. The parties shall mutually agree whether or not to accept the Project described in the Project Identification Form as a Qualified Project. A Project's "Qualified" status shall terminate: - By mutual agreement of the parties. - If either party determines that a dispute or claim involving the Project has arisen or is likely to arise. - If either party determines that the Client has inadequate credit - If the Client has, in either party's opinion, made a commitment to another vendor. - If either party determines that the Project does not represent a sales opportunity for i2 Products or Alliance Member services.
Qualified Project. An existing multifamily housing development (i) which is not an Ineligible Project, (ii) which is located in one of the FEMA Disaster Declared Parishes or one of the HUD Designated Most Impacted Parishes, (iii) which contains at least 20 units, and (iv) in which at least one multifamily unit was rendered uninhabitable by the Great Floods of 2016.
Qualified Project. LHC and the Borrower hereby declare their understanding and intent that the Qualified Project is to be rehabilitated, owned, managed and operated according to the terms and conditions of the MRLF Program, this Agreement and the MRLF Program Legal Documents, as applicable. To that end, the Borrower hereby represents, covenants, commits and agrees as follows:
(a) The Borrower will complete the renovation or rehabilitation of the Qualified Project in accordance with the Plans and Specifications and the Construction Contract consistent with the information contained in the Application, including any and all supplements, amendment, conditions and deletions thereto or therefrom. Not in limitation of the foregoing, Borrower will, pursuant to the Construction Contract, commence renovation or rehabilitation of the Qualified Project not later than ( ) days from the date hereof and will complete the renovation or rehabilitation of the Qualified Project within ( ) months (the estimated construction period contained in the Construction Contract following the actual construction start date.
(b) The Qualified Project consists of an (Existing Affordable Housing/Existing Non- Affordable Housing) to be renovated and rehabilitated and to operate on the Land.
(c) The renovation and rehabilitation of the Qualified Project will be completed in accordance with the Application and the Construction Contract, and all Qualified Units in the Qualified Project will be available for initial occupancy in the timeframe indicated in the Application.
(d) The Qualified Project, when completed, will be in good and habitable condition.
(e) When the Qualified Project is completed, there will be no defects or deficiencies in the Qualified Project other than normal and customary punch list items or incomplete work awaiting seasonal opportunity.
(f) All labor and material bills of every kind and character incurred by the Borrower in connection with the construction, equipping and completion of the Qualified Project will be paid in accordance with the payment provisions of each contract.
(g) The Qualified Project will be renovated or rehabilitated in all material respects in accordance with applicable zoning, building, housing and other codes, ordinances and regulations.
(h) All required certificates of occupancy will be issued by the applicable governmental authority and copies of such occupancy certificates will be provided to LHC.
(i) Borrower will provide final lien waivers in form and substan...
Qualified Project. 6.2.1 Within fifteen (15) days after receipt of a Customer Lead Notice, the parties will schedule a meeting to discuss the project identified therein, further define each party's respective sales and marketing responsibilities, establish rules of engagement and determine Alliance Members Compensation (as defined in Section 6.3 below). Execution of a Customer Lead Notice by Portal shall be entirely in Portal's discretion. Upon execution by Portal of the amended Customer Lead Notice, the project shall be deemed a "Qualified Project".
6.2.2 Portal shall be under no obligation to consider a Customer Lead Notice if the prospective customer is:
(a) a current user of Portal's products or
(b) an entity already being solicited by Portal or any of Portal's distributors, dealers, agents or other manufacturing representatives.
Qualified Project. Each Project included in the YESCO Transaction shall be a Qualified Project after giving effect to the consummation of such YESCO Transaction. The Company's representations and warranties contained in Section 3.21 of the Purchase and Sale Agreement (the "Purchase Agreement") by and between AJG and the Company dated as of December 30, 1999 are deemed to be restated and incorporated herein as if fully set forth here and were true and correct as of the Effective Date (as defined in the Purchase Agreement), are true and current as of the date hereof and will be true and correct as of the Effective Date. The consummation of the Merger will not adversely affect the status of any Company Project or YESCO Project as a Qualified Project or otherwise adversely affect the availability of tax credits under Section 29 of the Code with respect to such Projects assuming that USE or Cinergy Corp. or any of its Affiliates (other than Parent and its subsidiaries) (collectively, the "Cinergy Entities") do not take any action which would cause the Seller and Purchaser of any qualified fuel respecting any Project to be treated as a "related persons" under Section 29 of the Code.
Qualified Project. The project described in the NLRP Permanent Loan Agreement.
Qualified Project. The Brightwater Project and any Other Project which the Lenders may approve as a Qualified Project in their sole and complete discretion.
