Use of Project Facilities. The Issuer agrees that it will not take any action, or cause any action to be taken on its behalf, to interfere with the Company's ownership interest in the Project or to prevent the Company from having possession, custody, use and enjoyment of the Project other than pursuant to Article VII of this Agreement or Article VII of the Indenture.
Use of Project Facilities. The Authority agrees that it will not take any action, or cause any action to be taken on its behalf, to interfere with the Company's ownership interest in the Project or to prevent the Company from having possession, custody, use and enjoyment of the Project other than pursuant to Article VII of this Agreement or Article VII of the Indenture.
Use of Project Facilities. The Company represents, covenants and agrees that each of the Project Facilities are to be used only as a “manufacturing facility” within the meaning of Section 144(a)(12) of the Code; provided, however, that a portion of the Project Facilities may be used as a facility which is directly related and ancillary to such manufacturing facility, within the meaning of such Section of the Code. The Company further represents that it presently intends to use and operate the Project Facilities in a manner consistent with the Act until the date on which the Bonds have been fully paid and knows of no reason why the Project Facilities will not be, or cannot be, so used and operated.
Use of Project Facilities. The Borrower will use the Project Facilities only in furtherance of its lawful purposes and will use and operate the Project Facilities, to the extent financed by the proceeds of the Note, only as an authorized project under the Act and as permitted under the Code. The Borrower will not knowingly use or knowingly permit any person to use the Project Facilities for any use or purpose in violation of the laws of the United States or the State, and agrees to comply with all material requirements of applicable laws, regulations and statutes of the State or other governmental authority having jurisdiction over the Project Facilities. The Borrower shall have the right to contest by appropriate legal proceedings, without cost or expense to the Issuer, the validity of any law, ordinance, order, rule, regulation or requirement of the nature herein referred to.
Use of Project Facilities. The Borrower will use the Project Facilities only in furtherance of its lawful purposes and will cause the Project Facilities to be used and operated as required by the Act or other applicable law. The Borrower will not use or permit any person to use the Project Facilities for any use or purpose in violation of the laws of the United States, the State of Minnesota, or any ordinance of the Issuer, and agrees to comply with all the orders, rules, regulations and requirements of the State of Minnesota and the Issuer, including the departments and boards of the Issuer, or any other governmental authority having jurisdiction over the Project Facilities. The Borrower shall have the right to contest by appropriate legal proceedings, without cost or expense to the Issuer, the validity of any law, ordinance, order, rule, regulation or requirement of the nature herein referred to.
Use of Project Facilities. The Grantee agrees that Project Facilities shall be used for the provision of Project transit services for the duration of their useful life, as determined by the Grantor. Should the Grantee unreasonably delay or fail to use Project Facilities for the Project during their useful life, the Grantee agrees that the Grantor may require the Grantee to return the entire amount (or a portion thereof) of Grant funds that were paid to Grantee for the Project . The Grantee further agrees to notify the Grantor within 30 calendar days from the date any Project Facilities are withdrawn from use in transit service or when Project Facilities are used in a manner substantially different from the representation made by the Grantee in its Application. (b) The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and shall submit to the Grantor upon request such information as the Grantor may require in order to assure compliance with this Real Property, Equipment and Supplies section, and the Grantee shall immediately notify the Grantor in all cases where Project Facilities are used in a manner substantially different from that described in the Grantee’s final, approved application. The Grantee shall maintain in amount(s) and form satisfactory to the Grantor, such insurance or self-insurance as will be adequate to protect Project Facilities throughout the period of required use. The cost of such insurance shall not be an item of eligible cost under this Agreement. The Grantee shall also submit, from time to time, to the Grantor upon request, a certification that the Project Facilities are still being used in accordance with the terms of this Agreement and further certify that no part of the local contribution to the cost of the Project has been refunded or reduced. 55.2.
Use of Project Facilities. The Company will use the Project Facilities only in furtherance of its lawful purposes and will cause the Project Facilities to be used and operated as a facility for providing Broadband Services in the Service Area. As further provided in Section 5.05, the Company may make changes in the Project Facilities at any time; provided that no changes will be made which would delete from the Project Facilities any essential characteristics of the Project Facilities as they currently exist nor which would materially and adversely affect the total operating unity and efficiency or capacity of the Project Facilities to provide Broadband Services within the boundaries of the Service Area. The Company will not use or permit any person to use the Project Facilities for any use or purpose in violation of the laws of the United States, the State of Minnesota, the Franchise Agreement or any ordinance of the Town, and agrees to comply with all the orders, rules, regulations and requirements of the officers or boards of the Town, the State or any other governmental authority having jurisdiction over the Project Facilities. The Company shall have the right to contest by appropriate legal proceedings, without cost or expense to the Town or the Town, the validity of any law, ordinance, order, rule, regulation or requirement of the nature herein referred to.
Use of Project Facilities. The Completion Date of the Project shall be evidenced by a certificate signed by an Authorized Officer of the Borrower stating that acquisition, construction and installation of the Project has been completed. The Borrower covenants that the Project is, and during the term of the Loan will remain, a Health-Related Project and agrees to use the Project and its facilities only in furtherance of its lawful corporate purposes and only as a Health Facility and not to use the Project and its facilities in a manner that would jeopardize its status as a 501(c)(3) organization. Until the occurrence of an Event of Default, the Borrower shall have the sole right to manage the Project Facilities in accordance with the provisions hereof without interference from the Council or the Owner including, but not limited to, the sole right to control, direct, supervise or coordinate all activities, functions and tasks of the Borrower's agents, servants or employees; to process, select, appoint, reject, terminate and in all other ways deal with all professional and staff members, whether employees or independent contractors; to determine all policies regarding such staffing, activities and manner of functioning; to cause such reviews and supervision of the quality of the patient care rendered at its facilities as the Borrower shall deem fit; and in general, to operate, manage, control, direct and supervise the affairs of the Borrower. Neither the Council nor the Owner shall have any right to control, direct, supervise or coordinate such activities or such matters unless the Borrower is in default under this Loan Agreement. Notwithstanding any provision to the contrary contained in the Borrower's Articles of Incorporation or its By-laws, the Borrower shall admit and treat individuals in its facilities without regard to race, sex, national origin or religious belief and shall respect, permit and not interfere with the religious beliefs of persons admitted and treated, except as the same may be required for proper medical treatment. The foregoing restrictions shall not be construed to prevent the Borrower from operating and maintaining a nondenominational chapel for the use of patients, employees and visitors as part of its facilities; conducting medical education programs on any subject with one or more institutions, whether or not sectarian, or seminars or meetings explaining the operating policies of the Borrower with regard to medical or surgical services; or providing or perm...
Use of Project Facilities. The CONTRACTOR will use the Project Facilities to provide Broadband Services in the Service Area, and for other lawful purposes as determined by CONTRACTOR. The CONTRACTOR will not use or permit any Person to use the Project Facilities for any use or purpose in violation of the laws of the United States, the State of Minnesota, or any ordinance of the City, and agrees to comply with all the orders, rules, regulations and requirements of the officers or Councils of the City, the State or any other governmental authority having jurisdiction over the Project Facilities. CONTRACTOR shall have the right to contest by appropriate legal proceedings, without cost or expense to the City, the validity of any law, ordinance, order, rule, regulation or requirement of the nature herein referred to.Nothing in this agreement impacts CONTRACTOR’S legal right to terminate service to any Person consistent with its service agreement and/or applicable law
Use of Project Facilities. Notwithstanding any provision herein to the contrary, the Company did not use any of the proceeds of the 1989 Bonds, the 1991 Series C Bonds or the Loan (or the income earned through the investment thereof, if any) and did not take or omit any action or permit any action to be taken or omitted with the result that interest on the Bonds is included in the gross income of the owners thereof for federal income tax purposes. The use of the Project Facilities (or facilities replacing the same) is in furtherance of the purpose of air or water pollution control or sewage or solid waste disposal and in compliance with the Act.
