Common use of Utility Availability Clause in Contracts

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified in the updated report delivered pursuant to Section 3.4.8, that arrangements, which are reflected accurately in the Phase II Project Budget, shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Documents and the Final Plans and Specifications.

Appears in 2 contracts

Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD)

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Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the updated report delivered pursuant to Section 3.4.8Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Phase II Project Budget, shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Documents and the Final Plans and Specifications.

Appears in 2 contracts

Samples: Master Disbursement Agreement (Wynn Las Vegas LLC), Master Disbursement Agreement (World Travel LLC)

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the updated report delivered pursuant to Section 3.4.8Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Phase II Project Budget, shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Documents and the Final Plans and Specifications.

Appears in 2 contracts

Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD)

Utility Availability. The Construction Consultant shall have become reasonably be satisfied, as certified in the updated report delivered pursuant to Section 3.4.8Construction Consultant’s Advance Certificate, that arrangements, which are reflected accurately in the Phase II Project Construction Component of the Budget, shall have been or will be made under the Material Project Documents Xxxxxxx Skanska Contract or Contracts or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Construction Documents, the Project Documents and the Final Plans and Specifications.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Credit Agreement (New Greektown Holdco LLC)

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the updated report delivered pursuant to Section 3.4.8Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Phase II Project Budget, shall have been or will be made under the Material Project Documents Construction Management Agreement or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Documents and the Final Plans and Specifications.

Appears in 1 contract

Samples: Funding Agents' Disbursement and Administration Agreement (Grand Canal Shops Mall Construction LLC)

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Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the updated Construction Consultant’s report delivered pursuant to Section 3.4.8on the Closing Date, that arrangements, which are reflected accurately in the Phase II Project Budget, arrangements shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms as and when necessary for the provision of all utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Loan Documents, the Project Documents and the Final Plans and Specifications.

Appears in 1 contract

Samples: Building Term Loan Agreement (Empire Resorts Inc)

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the updated Construction Consultant’s report delivered pursuant to Section 3.4.8on the Closing Date, that arrangements, which are reflected accurately in the Phase II Project Budget, shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Phase II Project as contemplated by the Operative Loan Documents, the Project Documents and the Final Plans and Specifications.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Penn National Gaming Inc)

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified in the updated report delivered pursuant to Section 3.4.8Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Phase II Main Project Budget, shall have been or will be made under the Material Project Documents Design/Build Contract or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Phase II Main Project as contemplated by the Operative Documents and the Final Plans and Specifications.

Appears in 1 contract

Samples: Disbursement Agreement (Aladdin Capital Corp)

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