The Plant. Pursuant to this Agreement, the Related Energy Sales Agreement and the Equipment Agreement, Seller is to construct (subject to the Contingencies) (i) a metallurgical coke making plant consisting of one hundred (100) heat recovery ovens organized in three oven batteries, (ii) an associated cogeneration plant (the “Cogeneration Plant”) that converts steam produced at such coke plant into electrical energy, and (iii) related facilities and equipment (collectively, the “Plant”), all to be located on certain real property to be acquired by Seller that is contiguous with Purchaser’s Middletown Plant (the “Property”). The Plant is to be owned and operated by Seller based upon heat recovery technology that is proprietary to Seller and its Affiliates.
The Plant. If Client, or Owner as the case may be, elects to build the Plant, then it shall employ best efforts to enter into a contract with DELTA-T whereby DELTA-T will provide, as a minimum, all services defined in Article 6 below. Additional services, up to and including DELTA-T providing the Plant on a turn-key fixed-price basis, may be included at the mutual consent of the Parties. During the term of this Agreement Client shall not, and shall not permit Owner or any other party associated with the Project, to enter into, negotiate toward, or take any other action in furtherance of entering into any agreement for provision of the technology, services or equipment to be provided by DELTA-T under the Technology Agreement to be entered into under Article 6 below, or in furtherance of entering into any turnkey engineering, procurement and construction agreement for the entire Plant (“EPC Agreement”) except as permitted under Sections 6 and 7 below.
The Plant. 3.1 LICENSEE represents that it presently intends to build and place in commercial operation in, or within the proximity of, Coffeyville, Kansas, a plant for the practice of the THGP (which, by design, includes the practice of the TGP) within a reasonable time, but not later than December 31, 2002 (the “Plant”). The Gasifier Feed to such Plant is expected to be a solid carbonaceous substance derived from petroleum, including a carbonaceous solid (i.e., coal or petroleum coke), along with refinery or chemical plant byproducts and water. It is expected that the Plant shall have a configuration using direct quench in the Gasification section and shall have a designed capacity of about Eighty-six Thousand (86,000) MSCF of Output per operating day from the Gasification section. It is understood and agreed that LICENSEE shall be permitted to use other carbonaceous substances as Gasifier Feed in the Plant in addition to, or in lieu of, coal or petroleum coke; provided, however: (i) LICENSEE shall first advise TEXACO DEVELOPMENT in writing that it is contemplating the use of such other feedstock; and (ii) TEXACO DEVELOPMENT will perform, or arrange to perform, the necessary study to assess the feasibility of processing such other carbonaceous substance in the Plant, and shall provide the engineering services, pursuant to the terms set forth in Paragraph 14.2 hereof.
3.2 TEXACO DEVELOPMENT’s representatives alone or accompanied by TEXACO DEVELOPMENT’s licensees or potential licensees shall have reasonable access to the Plant for the purpose of promoting the TGP and further applications or variants thereof, including without limitation TGPS and THGP, upon reasonable advance notice and during normal business hours. Such visits shall take place at such times as reasonably agreed upon between the parties hereto so as not to unduly interfere with the operations of the Plant or otherwise cause undue inconvenience for LICENSEE.
3.2.1 All visitors to the Plant, including employees of TEXACO DEVELOPMENT and its Affiliates, but excluding any personnel present as a result or in support of the Operations and Maintenance Agreement, process Guarantee Agreement or Texaco’s equity interest in the Plant, shall be required to sign the Release attached as Schedule IV to this License Agreement, in their individual capacity. The parties hereto contemplate that Farmland may determine that it is necessary or desirable from time to time to revise such Release due to certain changes in the...
The Plant. 5.1. The Company is the sole and exclusive legal and beneficial owner, (juridisch en economisch eigenaar) of all right, title and interest in all of the Plant and the Plant is not subject to any Encumbrance or any other right of any third party, except for the security rights granted by the Company to Rabobank under the Facility Agreement.
5.2. The Plant comprises all assets that will be required or used to conduct the Business as it is intended to be conducted by the Company.
5.3. The Plant is free from any visible or invisible defects, in a good state of maintenance and repair and fit for use.
5.4. The intended use of the Plant is not restricted or impaired, including but not limited by any acts or practices, emanating from any authority or other third party.
The Plant. From and after the Final Adjustment, WEPCo will maintain insurance on the Plant (on the same basis as WEPCo would insure the Plant if it owned all of the Ownership Interests in the Plant) in accordance with its corporate insurance policies for property damage and other applicable coverages as more fully described in Schedule 9.1(a)(ii).
The Plant. The Acid Water Treatment Plant for the Kingsmill Tunnel including the disposal of sludge, which shall be built, equipped and brought into operation as provided for in the MASTER AGREEMENT, the OPTION AGREEMENT, as well as this AGREEMENT. Once the PLANT is brought into operation, MlNERA PERÚ COPPER shall transfer it to CENTROMIN or to the entity as provided for by the MINISTRY.
The Plant. Manager will determine if full-time staff is required following discussion with the Association President or a delegate.
8. Employees who voluntarily transfer under Article 18.2 from the job to which they were assigned or bumped into as a result of their job elimination/combination, will retain recall rights as specified in this section. Employees who voluntarily transfer to another process under Article 18.3 from the job to which they are assigned or bumped into as a result of their own job elimination/combination, will lose their recall rights.
9. Employees who do not have fifteen (15) months or more seniority can exercise their seniority rights in accordance with steps 1, 2 and 3.
The Plant. The Corporation's plant and operations, practices and procedures meet current Canadian Good Manufacturing Practices (GMP) guidelines and standards and have been certified by U.S. Food and Drug Administration with respect to Sterile and Ointment productions as described on page 37 of the KPMG confidential financing memorandum of April 1998. The Corporation's plant is also expected to meet U.S. Food and Drug Administration standards for the production of its sterile products (liquid and lyophilization) and non sterile Solid Dosages, Ointments, Creams and Liquids.
The Plant. (a) The Buyer shall provide the Plant in which the Equipment will be installed, including the connection, hook-up and operational costs of all utilities, including gas, electric and water. The Buyer shall also supply and be responsible for the installation of all auxiliary, maintenance and support facilities necessary to conduct the New Coating Business. The Plant shall be reasonably satisfactory to the Seller and shall meet all of the requirements set forth on Schedule 3.6, which includes among other things the requirements and specifications for all auxiliary, maintenance and support facilities.
(b) Except as otherwise provided herein, the Buyer shall be responsible for the procurement, costs and expenses of any renovations, repairs, upgrades, pipe couplings, spare parts or other changes with respect to the coating line, coating removal station and powder room ("Renovations") required in order for the Plant to meet the criteria set forth on Schedule 3.6. The Seller has provided the Buyer with a rough-in plan which includes all rough-in locations and connections for the Modified Equipment to be installed (the "Rough-In Plan"), which Rough-In Plan is attached hereto as Schedule 7.1(b). The Rough-In Plan fixes and describes for each component of the Modified Equipment details pertaining and relevant to the requirements for its installation and location and its connection to and relationship with any other equipment, systems or utilities within the Plant that are to be connected to or used with the Modified Equipment, in sufficient detail to allow those persons or entities responsible to construct the Plant to do so in a manner that properly accommodates the location and installation of the Modified Equipment. In this regard, the Seller and the Buyer acknowledge that if the rough-in locations are commenced or set without proper coordination by the Seller, or the Installation Contractor, and the Buyer, these locations may not be adequate or appropriate to fit the installation of the Modified Equipment pursuant to this Agreement and may result in additional costs and/or time should they need to be changed. Upon the Buyer completing a sufficient portion of the Renovations, including obtaining all required permits (including, without limitation, construction, environmental and operating permits), so that the Seller can proceed, without hindrance; interference, obstruction or delay, with the Installation Work, as defined in Section 7.2(a), the Buyer shall notify ...
The Plant. Rough popcorn flower is an herbaceous plant which can be perennial and grow to two feet tall, but is usually considerably smaller and annual. Plants flourish as aquatics throughout the winter, emerge when wetlands dry in spring, and bloom in mid-summer. Flowers are produced in profusion, and attract many generalist pollinators; they are also self-fertile. Seed production is generally prolific, and seeds germinate readily when fall rains begin. Plants may reproduce asexually by rooting at the stem nodes, and older plants in optimally hydric habitat produce large clonal vegetation mats before flower initiation begins. In drier sites, plants may reproduce precociously as annuals. Rough popcorn flower’s preferred habitat is sedge/grass dominated open xxxxx, although many naturally occurring sites currently suffer from infestations of exotic weeds. Associated native species include American slough grass, Xxxxxxx’ meadowfoam, Xxxxxx’x checkermallow, tufuted hair grass, and common rush. Weedy associates include pennyroyal, tall fescue, and teasel. Rough popcorn flower growing in the west subpopulation of the Timber Days Grounds site. Insert shows a close-up of a flower. Photos by Xxxx Xxxxxx.
