Third Phase. The “Third Phase” of a NCPA Project consists of all work performed after one or more NCPA Members has contracted with NCPA pursuant to a Third Phase Agreement to participate in the financing, construction, operation, and maintenance, and/or rights to the output, of the NCPA Project. Nothing herein prevents the combination of the Second and Third Phases, if NCPA and the participating NCPA Members so agree. Third Phase Agreements shall be written as “take-or-pay” (“hell-or-high-water”) agreements to the greatest extent possible, so as to insulate NCPA and all Members who are not Project Participants from liability arising from the NCPA Project. Third Phase Agreements shall obligate Project Participants to treat all Project Costs as operation and maintenance expenses of their respective Electric Systems, and shall pledge the Project Participant’s obligation to raise electric rates and/or increase Revenues upon demand of NCPA so as to pay such Project Costs.
Third Phase. During the Third Phase, with respect to a particular jurisdiction, Bioverativ shall forecast and order Drug Substance from Biogen. Bioverativ shall take title to all such Drug Substance and arrange shipments in accordance with Sections 9.1(d) and 9.1(e), respectively. The parties shall in good faith work together to determine the duration and terms for storage of any Drug Substance in a Biogen Facility. For the avoidance of doubt, the Parties intend that Bioverativ enter the Third Phase in each jurisdiction as expeditiously as possible and and not later than eighteen (18) months from the Distribution Effective Time unless otherwise agreed. The Parties agree to cooperate in good faith to enable Bioverativ to further such objective.
Third Phase. Five Hundred Ninety Five 24/100 American Dollars ($US 595.24) per hectare as Initial Exploration Fee on the extensions of the mining concessions, that at the start of the Third phase decides to exploit within the term of TWELVE (12)
Third Phase. The third phase is the Construction Documents Phase described in Section 2.4, which includes creation of all bidding and construction documents necessary and desirable to construct the Project. Deliverables shall include Construction Bid Documents prepared in cooperation with the Construction Manager consisting of all drawings, specifications and bidding instructions. The drawings shall advance the Design Development Phase drawings to one hundred percent (100%) completion. The specifications shall be complete, in CSI format and include the bid instructions. The Architect will assist the Construction Manager in the preparation of the CSI-format estimate, which shall contain any small adjustments necessary due to final adjustments in materials and quantities used. After review by the Owner, with any adjustments made as directed by the Owner, provided that such adjustments are not in conflict with directions or decisions provided previously by the Owner's Representative, the construction documents shall be submitted for approval of the State Department of Education (SDE). Submissions to and attendance at the SDE Plan Completion Test (PCT) meeting is a required Service under this phase. Once document revisions are made, if required by the PCT review, and final approval for bidding is secured from the SDE, Services for design will be considered to be complete. The Architect shall then support the Construction Manager through the bidding process by providing clarifications to the documents, issuing addenda and answering Requests for Information. The Architect will attend bid review meetings with the Construction Manager to verify the bids. Upon completion of the bidding process the Architect may present the final requisition for payment for the Construction Documents phase.
Third Phase. In order to facilitate the consideration of the Mountain Concept and the Bolts Lake Concept and such other and related matters as the Parties determine necessary and appropriate in connection therewith, including but not limited to facilitating development of the Project in phases pursuant to a rational and economically feasible plan for the provision of public improvements and payment of fees to mitigate the impacts of development within the Project:
(i) Concurrent with review of the Bolts Lake Concept Plan, the Parties will schedule a series of meetings to discuss topics related to amendment of the Annexation Agreement, the PUD Preliminary Plan and, if deemed necessary or desirable, the Preliminary Plats and such other ancillary agreements among the Parties related to the Project as may require amendment (collectively, “Entitlements Amendments”). The Parties will endeavor to complete the discussions about amendments of the Annexation Agreement by March 15, 2017.
(ii) The initial discussions related to amendments to the Annexation Agreement shall focus on those amendments required to facilitate the Mountain Concept. Battle will endeavor to provide the Town with a proposed draft amendment to the Annexation Agreement as outlined in Appendix D facilitating the Mountain Concept by December 15 2016. The Town will work diligently on providing comments to Battle on the draft amendment with the goal of having final draft amendment acceptable to Battle and Town Staff by January 31, 2017. The Town will endeavor to schedule consideration of the amendment on the Town Council’s first meeting in March, 2017.
(iii) Battle will endeavor to provide the Town with a draft amendment to the Annexation Agreement facilitating the Bolts Lake Concept by March 31, 2017. The Town will work diligently on providing comments to Battle on the draft Bolts Lake amendment. The draft amendment of the Annexation Agreement related to Bolts Lake can only be finalized and considered in conjunction with an application, review and final approval to amend the existing PUD Preliminary Plan.
Third Phase. Upon Second Phase Completion, the Third Phase will automatically commence.
Third Phase. By the end of thirty-six (36) months, as funding is required by the Work Plan and Budget, Empire shall have funded a cumulative total of US$15,OOO,OOO of Exploration and Development Work.
Third Phase. An amount not to exceed the fixed fee for construction documents, upon acceptance and approval of the final Construction documents and issuance of a building permit by the Owner.
Third Phase. If the Parties concerned have not reached a settlement of such dispute at the expiration of the two phases above provided, within 30 days from receipt of the Resolution of the StC, each concerned Party can resort to bringing an action in the courts of Belgium in accordance with the law governing this Partnership Agreement. Notwithstanding the foregoing, any Party shall be free to seek interim injunctive relief or any other temporary measures before any applicable competent court or tribunal, wherever located, in order to seek to prevent or restrain any (i) infringement of its intellectual property rights and/or (ii) unauthorized disclosure of Confidential Information.
Third Phase. (Said Land)
