Spring Creek Drainage Basin Sample Clauses

Spring Creek Drainage Basin. Mission and Buyer acknowledge that the Metropolitan District's currently existing master drainage plan (the "Drainage Plan") anticipates the construction by the Metropolitan District of certain drainage and flood control improvements for the Spring Creek Drainage Basin (the "Drainage Improvements"). Buyer and Mission shall be responsible for contacting the Metropolitan District to coordinate the construction of the Drainage Improvements pursuant to the Drainage Plan. Buyer and Mission agree to use good faith and due diligence in seeking the construction of the Drainage Improvements by the Metropolitan District. In accordance with the foregoing: (i) Mission shall cause the Metropolitan District to commence the construction of the Drainage Improvements within 3 months from date of the Closing of the First Parcel and complete the construction of the Drainage Improvements within 12 months from date of the Closing of the First Parcel, or (ii) if Mission is unable to cause the Metropolitan District to commence the construction of the Drainage Improvements within 3 months from date of the Closing of the First Parcel and complete the construction of the Drainage Improvements within 12 months from date of the Closing of the First Parcel, Mission shall be obligated to construct the Drainage Improvements itself, subject to delays resulting from Force Majeure Causes, as hereinafter defined. Buyer acknowledges that Mission has made no representation or warranty that Mission will be able to cause the Metropolitan District to construct such Drainage Improvements. "Force Majeure Causes" shall mean and refer to delays from causes beyond the reasonable control of Mission, such as, but not limited to, acts of God, governmental moratoriums, strikes, work stoppages, unavailability of or delay in receiving labor or materials, defaults by contractors or subcontractors, weather conditions, or fire or other casualty. For purposes of this Section 7.9 (b), the term Drainage Improvements shall mean either temporary drainage improvements located either on or off-site of the Property or permanent drainage improvements located off-site of the Property; provided, however, if temporary on-site drainage improvements are constructed on the Property such improvements shall not unreasonably interfere with the development of the Parcels acquired by Buyer hereunder. Buyer hereby acknowledges that Buyer has received the Drainage Plan. Buyer agrees that the storm drainage discharge associated wit...
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Related to Spring Creek Drainage Basin

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