The Development Agreement Sample Clauses

The Development Agreement. (a) The Development Agreement is not incorporated herein and shall survive the execution and entry into force of this Agreement. (b) The parties expressly acknowledge and agree that, after the execution and entry into force of this Agreement, (i) the provisions of Sections 2 and 3.a. of the Development Agreement shall have no further force or effect, and (ii) the provisions of Section 3.b. of the Development Agreement shall be suspended unless and until the Lenders' requirement that the members of the FKPC Board of Directors nominated by the Company shall be senior officers of National Fuel Gas Company shall have become inoperative due to (A) the occurrence of the Release Date (as that term is defined in the Project Documents), or (B) the Lenders' written withdrawal of such requirement. (c) While preserving the sub-loan calculation provision of Section 10.k.(ii) of the Development Agreement, the parties expressly acknowledge and agree that the provisions of Sections 10.d., 10.e.(ii), and 10.k.(i) of the Development Agreement became inoperative prior to the execution of this Agreement, given the Lenders' posture relative to sub-loans of the type therein referred to. (d) The parties expressly acknowledge and agree that, for all purposes relevant under the Development Agreement, they have "determined prior to Financial Closing that the Tax Rate will be different" and that the said "Tax Rate" will have "change[d] prior to Financial Closing" (as the quoted phrases are used in Section 10.k. of the Development Agreement), in the event that Horizon Energy Development, Inc., the Managing Member of SKLLC ("Horizon"), shall fund any portion of the Equity Investment prior to Financial Closing. Further, the parties expressly acknowledge and agree that, in the event that Horizon shall fund any portion of the Equity Investment prior to Financial Closing, Section 10.k.(iii) of the Development Agreement shall be without force or effect from and after the date on which Horizon funds the initial installment of the Equity Investment. (e) Without thereby implicating either the provisions of Section 10.h.(i) of the Development Agreement or the Section 10.
Sample 1
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The Development Agreement. As of the date hereof, JOL is negotiating a development agreement ("Development Agreement") with the government ("Government") of the Sultanate of Oman ("Oman"). A draft copy of the Development Agreement (the "Draft Development Agreement") which is subject to further negotiation and changes by the Government and JOL is attached hereto as Exhibit A. The Draft Development Agreement memorializes the terms and conditions of a proposed real estate development project (the "Omagine Project") to be undertaken in Oman by a subsidiary of JOL (the "Project Company").
Sample 1
The Development Agreement. In exchange for the consideration set forth in this Settlement Agreement, including the resolution of the pending litigation, the Parties agree that the Development Agreement is modified as follows: a. The Annual Development Fee will be reduced to a minimum of $200,000 for the first cannabis cultivation lease/license of up to 50,000 SF. The Annual Development Fee will be $4 per SF of cultivation “canopy” over 50,000 SF of leased/licensed cannabis cultivation space. b. The Infrastructure Fee will be reduced proportionally to the reduction in total SF of cultivation “canopy” from the total 600,000 SF of cultivation canopy in the Original Site Plan. By way of illustration, if the cultivation “canopy” is reduced to 250,000 SF (41.67% of 600,000 SF), the Infrastructure Fee will be reduced from $500,000 to $208,333, due and payable at the same time as the first payment of the Annual Development Fee. c. The payment of Local Taxes pursuant to Paragraph 11 of Development Agreement will remain unchanged. The Plaintiffs voluntarily and expressly agree that the fees, mitigation, remuneration and financial obligations to the Town in the Development Agreement, as amended, and the Host Community Agreements, are valid, binding and enforceable obligations. The Plaintiffs covenant not to sue, to bring any claim, or to in any way, fashion or form seek to undermine the valid, binding and enforceable nature of the Plaintiffs’ obligations to the Town in the Development Agreement, as amended, and the Host Community Agreements, or to encourage or assist any person in doing so.
Sample 1
The Development Agreement. On 16 February 2017, the Company and Xxxxxxx Government entered into the Development Agreement in relation to the construction and development of a 50MW photovoltaic power plant in Weishan County*（ 微山縣）, Jining City*（ 濟寧市）, Shandong Province, the PRC. Certain material terms of the Development Agreement are set out as follows. 16 February 2017
Sample 1
The Development Agreement. As of the date hereof, JOL is finalizing a development agreement ("Development Agreement") with the government ("Government") of the Sultanate of Oman ("Oman"). A copy of the final draft Development Agreement is attached hereto as Exhibit A. The Development Agreement describes the terms and conditions under which a real estate development project to be designated by the Government as an "Integrated Tourism Complex" (the "Omagine Project") will be developed in Oman by Omagine S.A.O.C. [under formation] (the "Project Company").
Sample 1
The Development Agreement. 5.1 The development agreement (‘the DA’) will be the principal agreement that regulates the arrangements between the parties for the redevelopment of the Properties. Reference to the Developer in this section is to be treated as being a reference to the relevant SPV. 5.2 The DA will be a conditional agreement. 5.3 There will need to be satisfied a number of conditions precedent before the works of redevelopment can take place. The satisfaction of the first series of conditions precedent will lead to the granting of a building licence agreement (‘BLA’) to the Developer with respect to the Phase 1 Works. 5.4 There will be further conditions precedent which would need to be satisfied before a further BLA can be granted to the Developer for the Phase 2 Works..
Sample 1
The Development Agreement 
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Related to The Development Agreement

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • Supply Agreement Seller and Buyer, or their Affiliates, shall have executed the Supply Agreement.

  • Commencement of Development 5.3.1 In the event that development on the Lands has not commenced within five (5) years from the date of registration of this Agreement at the Registry of Deeds or Land Registry Office, as indicated herein, the Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law. For the purpose of this section, commencement of development shall mean issuance of a Mobile Home Park Construction Permit. 5.3.2 For the purpose of this section, Council may consider granting an extension of the commencement of development time period through a resolution under Section 4.1 of this Agreement, if the Municipality receives a written request from the Developer at least sixty (60) calendar days prior to the expiry of the commencement of development time period.

  • Cooperation Agreement If a Cooperating Institution is appointed, the Fund shall enter into a Cooperation Agreement with the Cooperating Institution setting forth the terms and conditions of its appointment.

  • Completion of Development 7.4.1 Upon the completion of the whole development or complete phases of the development, Council may review this Agreement, in whole or in part, and may: (a) retain the Agreement in its present form; (b) negotiate a new Agreement; (c) discharge this Agreement; or (d) for those portions of the development which are completed, discharge this Agreement and apply appropriate zoning pursuant to the Municipal Planning Strategy and Land Use By-law for Halifax Peninsula as may be amended from time to time.

  • Consulting Agreement Effective upon Executive’s termination of employment for any reason other than Executive’s termination by the Company for Cause, HCC hereby retains Executive as a consultant (an independent contractor and not as an employee) for a period of five (5) years (the “Consulting Period”). During the Consulting Period, Executive shall serve as Non-Executive Chairman of the Board. Termination of the Term shall not effect the Parties’ rights and obligations under this Section 6, subject to the following: Executive agrees to provide, if requested, 1,000 hours of service (the “Consulting Services”) per year, as required by the Company. Prior to a Change of Control, the Company shall use its best effort to cause Executive to continue as a Director and Chairman of the Board during the term of the Consulting Period. HCC shall pay Executive $450,000 per year of the Consulting Period, payable quarterly, in advance. Executive may elect to delay payment for services, but not the services themselves. During such Consulting Period, Executive shall receive, to the extent permitted by law and the terms of any existing plan, all of the Company’s benefits as if Executive was a full time employee. In addition, the terms of this Section 6 shall remain in full force and effect whether or not Executive dies or suffers a Disability pursuant to the terms hereof during the Consulting Period. Further, if at any time during the Term of this Agreement Executive shall elect, at his sole option, to cease being a full time employee, then and in that event, Executive shall become a consultant pursuant to the terms of this Section. During the Consulting Period, Executive shall have the right to the same benefits for the same purposes and to the same extent as were in effect during the term of this Agreement, provided, however, if Executive ceases to be the Executive Chairman, Executive shall no longer receive Deferred Compensation. The Consulting Services to be provided shall be commensurate with Executive’s training, background, experience and prior duties with the Company Executive shall receive such stock options or cash bonuses as the Compensation Committee, in its sole discretion shall determine. Executive agrees to make himself reasonably available to provide such Consulting Services during the Consulting Period; provided, however, the Company agrees that it shall provide reasonable advance notice to Executive of its expected consulting needs and any request for Consulting Services hereunder shall not unreasonably interfere with Executive’s other business activities and personal affairs as determined in good faith by Executive. In addition, Executive shall not be required to perform any requested Consulting Services which, in Executive’s good faith opinion, would cause Executive to breach any fiduciary duty or contractual obligation Executive may have to another employer. Further, during the Consulting Period, Executive shall not be subject to any non-competition provisions except for the two-year period provided for in Section 5(c). Unless waived by Executive, Executive shall not be required to perform Consulting Services for more than four (4) days during any week or for more than eight (8) hours during any day. Executive’s travel time shall constitute hours of Consulting Services for purposes of this Section 6. The Parties contemplate that, when appropriate, the Consulting Services shall be performed at Executive’s office or residence and at the Company’s executive offices in Houston, Texas and may be performed at such other locations only as they may mutually agree upon. Executive shall be properly reimbursed for all travel and other expenses reasonably incurred by Executive in rendering the Consulting Services.

  • TRAINING AND EMPLOYEE DEVELOPMENT 9.1 The Employer and the Union recognize the value and benefit of education and training designed to enhance an employee’s ability to perform their job duties. Training and employee development opportunities will be provided to employees in accordance with Employer policies and available resources. 9.2 Attendance at employer-required training will be considered time worked. The Employer will make reasonable attempts to schedule employer-required training during an employee’s regular work shift. The Employer will pay the registration and associated travel costs in accordance with Article 23, Travel, for employer-required training.

  • Joint Development If joint development is involved, the Recipient agrees to follow the latest edition of FTA Circular 7050.1, “Federal Transit Administration Guidance on Joint Development.”

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