Rejected Projects Sample Clauses

Rejected Projects. If Odyssey determines not to pursue a Business Opportunity presented by Consultant, Consultant may personally invest or otherwise participate in such Business Opportunity, but may not undertake any material management involvement in the Business Opportunity which would prevent the Consultant from reasonably providing Exclusive Services to Odyssey nor hold a full-time executive position in an operating company relating to such Business Opportunity during the Exclusive Services Period (as defined below) without Odyssey’s express permission, not to be unreasonably withheld. Consultant may have managerial involvement in any such project so long as it does not materially interfere with his duties hereunder.
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Rejected Projects. SunEdison will (A) reject the projects set forth on Schedule B hereto (together, the “Rejected Projects”) in accordance with the terms of the Agreement and
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Rejected Projects. If a Preliminary Project Proposal does not receive Preliminary Approval then VCHA may proceed with the procurement or development of the Project in any manner as VCHA may decide including with third parties. In such event, and subject to the provisions of Section 7 of this Agreement, any concepts, approaches, design solutions or other information contained in a Preliminary Project Proposal may be used by VCHA without compensation to Partner Co.
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Rejected Projects. With respect to each Rejected Project, SMG will have the option to arrange for the Interactive Entertainment Rights to such Rejected Project to be acquired by third parties; provided, however, that if during the Output Term and prior to the time that SMG concludes any agreement to set up such rights with a third party, if there is any change in any of the elements set forth in the Submission Materials (e.g., additional writing, a change in the budget amount, a change in the principal cast), then SMG shall resubmit the Rejected Project to BAM in accordance with the terms of Paragraph 3.a. above (except that the Response Period shall be twelve (12) business days) and the Rejected Project shall not be submitted to any third party unless and until BAM has again declined to exploit said rights. BAM's failure to respond within such twelve (12) business days shall be deemed to constitute BAM's rejection to acquire the Granted Rights to such Rejected Project. BAM shall have no right to acquire any Rejected Project that is not required to be resubmitted to BAM pursuant to the terms of this Paragraph 3.c.. BAM shall quitclaim all rights it may have in and to such Rejected Project to SMG. Upon Smog's written request, BAM shall execute and deliver or cause to be executed and delivered to SMG a customary quitclaim or such other instruments, documents or agreements as SMG may reasonably deem necessary to effectuate such quitclaim.
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Rejected Projects. (a) If APFC does not grant Preliminary Approval of a Submitted Preliminary Project, Aimco, at its sole cost and expense, may pursue and acquire for its own account, through an 11 101766\14903945v9 Affiliate or with a third party, such Submitted Preliminary Project, provided that if such Submitted Preliminary Project is a Qualifying Project then such Submitted Preliminary Project shall remain subject to Section 2.3. (b) If APFC grants Preliminary Approval of a Submitted Preliminary Project (i.e., such Project becomes a Selected Preliminary Project), and APFC later declines or is deemed to decline to grant Final Approval of such Selected Preliminary Project, then within ten (10) Business Days after APFC notifies Aimco that it does not grant Final Approval (or after expiration of the fifteen (15) day period in Section 2.3(c) if APFC fails to notify Aimco that it does not grant Final Approval), Aimco shall elect, by written notice to APFC, to either (i) continue such Selected Preliminary Project or (ii) discontinue such Selected Preliminary Project. (1) If Aimco elects to discontinue such Selected Preliminary Project, Aimco shall use commercially reasonable efforts to sell such Selected Preliminary Project or otherwise maximize the value of such Selected Preliminary Project through the liquidation of all assets related to such Selected Preliminary Project. All amounts received by Aimco as a result of such sale or liquidation (net of any third party out-of-pocket expenses incurred in connection with such sale or liquidation) (“Net Proceeds”), shall be shall be paid to Aimco and APFC in the following order of priority: (A) first, to Aimco and APFC, pro rata in accordance with the aggregate amounts owed to them under this clause (A) (the “Sharing Percentages”), until Aimco and APFC have each received (i) first, all Pursuit Costs advanced by them for such Selected Preliminary Project and (ii) second, a cumulative return on such Pursuit Costs, from the date advanced, at the rate of 9.00% per annum, compounding quarterly; (B) thereafter, 50% to Aimco and 50% to APFC; Provided, that if the Net Proceeds are insufficient to pay to Aimco and APFC all amounts required pursuant to the foregoing clause (A) (such insufficiency, the “Shortfall”), then Aimco shall pay to APFC an amount equal to (i) the Shortfall multiplied by (ii) a percentage equal to the excess of 50% over the Aimco Percentage Interest. (2) If Aimco elects to continue such Selected Preliminary Project, then...
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Related to Rejected Projects

  • Project Cost Overruns In the event that the Recipient determines that the moneys granted pursuant to Section II hereof, together with the Local Subdivision Contribution, are insufficient to pay in full the costs of the Project, the Recipient may make a request for supplemental assistance to its District Committee. The Recipient must demonstrate that such funding is necessary for the completion of the Project and the cost overrun was the result of circumstances beyond the Recipient's control, that it could not have been avoided with the exercise of due care, and that such circumstances could not have been anticipated at the time of the Recipient's initial application. Should the District Committee approve such request the action shall be recorded in the District Committee's official meeting minutes and provided to the OPWC Director for the execution of an amendment to this Agreement.

  • Project Costs Simultaneously with the execution of this Agreement, the Company shall disclose to the Department all of the Project Costs which the Company seeks to include for purposes of determining the limitation of the amount of the Credit pursuant to Section 5-30 of the Act and provide to the Department a Schedule of Project Costs in the form as attached hereto as Exhibit C.

  • Cost Overruns The Borrower shall ensure that all cost-overruns over the estimated construction costs of the Project as certified by a quantity surveyor or the Architect or as ascertained by the Lender as and when they occur shall be funded by the Borrower’s own equity;

  • Project Budget A Project Budget shall be prepared and maintained by Grantee. The Project Budget shall detail all costs for which the Grant will be used during the Term. The Project Budget must be approved in writing by the Project Monitor. Grantee shall carry out the Project and shall incur costs and make disbursements of funds provided hereunder by the Sponsor only in conformity with the Project Budget. The current approved Project Budget is contained in Attachment “C”. Said Project Budget may be revised from time to time, but no Project Budget or revision thereof shall be effective unless and until the same is approved in writing by Project Monitor. The funds granted under this Grant Contract cannot be used to supplant (replace) other existing funds.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • Development Budget Attached hereto as Exhibit "B" and incorporated herein by this reference is the Development Budget in an amount equal to $_____________. Owner acknowledges and represents that the attached Development Budget includes the total costs and expenses to acquire, develop, renovate and construct the Real Property and the Apartment Housing.

  • Additional Improvements Common Area Operating Expenses shall not include Real Property Taxes specified in the tax assessor's records and work sheets as being caused by additional improvements placed upon the Industrial Center by other lessees or by Lessor for the exclusive enjoyment of such other lessees. Notwithstanding Paragraph 10.1 hereof, Lessee shall, however, pay to Lessor at the time Common Area Operating Expenses are payable under Paragraph 4.2, the entirety of any increase in Real Property Taxes if assessed solely by reason of Alterations, Trade Fixtures or Utility Installations placed upon the Premises by Lessee or at Lessee's request.

  • Capital Improvements From and after Final Completion, Tenant shall not replace or materially alter the Project, or any part thereof (except as provided to the contrary with respect to Fixtures in Article 13), or make any addition thereto, whether voluntarily or in connection with repairs required by this Lease (collectively, “Capital Improvements”), unless Tenant shall comply with the following requirements and, if applicable, with the additional requirements set forth in Section 11.10: (a) No Capital Improvements shall be undertaken, as applicable, until Tenant shall have procured from all Governmental Authorities and paid for all permits, consents, certificates and approvals for the proposed Capital Improvements which are required to be obtained prior to the commencement of the proposed Capital Improvements (collectively, “Improvement Approvals”). The FCRHA shall not unreasonably refuse to join or otherwise unreasonably refuse to cooperate in the application for any such Improvement Approvals, provided such application is made without cost, expense or liability (contingent or otherwise) to the FCRHA. True copies of all such Improvement Approvals shall be delivered by Tenant to the FCRHA prior to commencement of the proposed Capital Improvements. (b) The Premises after completion of such Capital Improvements, shall have a value at least equal to the value of the Premises immediately before construction of such Capital Improvements. In addition, the Project shall at all times remain in substantial conformity with the original Plans and Specifications therefor (except to the extent specifically consented to by the FCRHA, in its sole but reasonable discretion). (c) All Capital Improvements shall be made with reasonable diligence and continuity (subject to Unavoidable Delays) and in a good and workmanlike manner and in compliance with (i) all Improvement Approvals, (ii) if required pursuant to Section 11.10(a) or (b), in substantial accordance with the plans and specifications for such Capital Improvements as approved by the FCRHA, and (iii) all Applicable Laws. (d) No construction of any Capital Improvement shall be commenced until Tenant shall have delivered to the FCRHA certificates of insurance and copies of the declaration page(s) for the insurance required by Exhibit D. Such insurance policies shall comply with the terms of Section 7.02 above.

  • Construction Contract; Cost Budget Prior to execution of a construction contract, Tenant shall submit a copy of the proposed contract with the Contractor for the construction of the Tenant Improvements, including the general conditions with Contractor (the “Contract”) to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed. Following execution of the Contract and prior to commencement of construction, Tenant shall provide Landlord with a fully executed copy of the Contract for Landlord’s records. Prior to the commencement of the construction of the Tenant Improvements, and after Tenant has accepted all bids and proposals for the Tenant Improvements, Tenant shall provide Landlord with a detailed breakdown, by trade, for all of Tenant’s Agents, of the final estimated costs to be incurred or which have been incurred in connection with the design and construction of the Tenant Improvements to be performed by or at the direction of Tenant or the Contractor (the “Construction Budget”), which costs shall include, but not be limited to, the costs of the Architect’s and Engineers’ fees and the Landlord Coordination Fee. The amount, if any, by which the total costs set forth in the Construction Budget exceed the amount of the Tenant Improvement Allowance is referred to herein as the “Over Allowance Amount”. In the event that an Over-Allowance Amount exists, then prior to the commencement of construction of the Tenant Improvements, Tenant shall supply Landlord with cash in an amount equal to the Over-Allowance Amount. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any of the then remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. In the event that, after the total costs set forth in the Construction Budget have been delivered by Tenant to Landlord, the costs relating to the design and construction of the Tenant Improvements shall change, any additional costs for such design and construction in excess of the total costs set forth in the Construction Budget shall be added to the Over-Allowance Amount and the total costs set forth in the Construction Budget, and such additional costs shall be paid by Tenant to Landlord immediately as an addition to the Over-Allowance Amount or at Landlord’s option, Tenant shall make payments for such additional costs out of its own funds, but Tenant shall continue to provide Landlord with the documents described in items (i), (ii), (iii) and (iv) of Section 2.2.2.1 of this Tenant Work Letter, above, for Landlord’s approval, prior to Tenant paying such costs. All Tenant Improvements paid for by the Over-Allowance Amount shall be deemed Landlord’s property under the terms of the Lease.

  • Development Costs Licensee shall be responsible for all of its costs and expenses in connection with the Development of, and obtaining and maintaining Regulatory Approvals for, the Licensed Products in the Field in the Territory.

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