Common use of The Plant Clause in Contracts

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.

Appears in 2 contracts

Samples: Project Development Agreement (Ozark Ethanol LLC), Project Development Agreement (Bootheel Agri-Energy LLC)

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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.

Appears in 2 contracts

Samples: Project Development Agreement (Northern Ethanol, Inc.), Project Development Agreement (Northern Ethanol, Inc.)

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The Plant. If Client, or Owner as the case may 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.

Appears in 1 contract

Samples: Project Development Agreement (Tennessee Valley Agri-Energy, LLC)

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