Water Supply Agreements. 2.3.1. Water supply agreements between Yuba and the following Member Units: Browns Valley Irrigation District, Hallwood Irrigation Company, Cordua Irrigation District, Xxxxxxx Water District, Xxxxxx Water District, South Yuba Water District, Dry Creek Mutual Water Company and Wheatland Water District.
Water Supply Agreements. The Borrower will perform its obligations under the Water Supply Agreements and cause the Utility Provider to perform its obligations thereunder. Borrower will, at its own cost and expense, perform, comply with and discharge all of the obligations of Borrower under the Water Supply Agreements and use all efforts to enforce or secure the performance of each obligation and undertaking of the Utility Provider under the Water Supply Agreements. Borrower shall permit no surrender nor assignment of the Borrower’s interest under the Water Supply Agreements nor execute any mortgage or create or permit a Lien which may be or become superior to the Mortgage and Loan Documents, nor permit a subordination of the Water Supply Agreements to any mortgage or Lien. Borrower will not modify or amend the terms of the Water Supply Agreements nor excuse or waive any default of the Utility Provider thereunder without the prior written consent of Lender.
Water Supply Agreements. Purchaser has secured assurances reasonably satisfactory to Purchaser that the cities of Grant City, Missouri (“Grant City”) and Stanberry, Missouri (“Stanberry”) will enter into water supply agreements substantially in the form of Exhibit G attached hereto (“Water Supply Agreements”).
Water Supply Agreements. The Water Supply Agreements are in full force and effect and no default exists thereunder and the Borrower will perform its obligations thereunder and will cause the Utility Provider to perform its obligations thereunder. All obligations on the part of the Utility Provider under the Water Supply Agreement have been fully complied with.
Water Supply Agreements. The Water Supply Agreements currently delivered are in full force and effect and no default exists thereunder and the Borrower will perform its obligations thereunder and cause the Utility Provider to perform its obligations thereunder. Excepting the obligation to construct the Water Supply System all obligations on the part of the Utility Provider under the Water Supply Agreement have been or will be fully complied with and the Utility Provider has no defenses, setoffs, or counterclaims against its obligation to construct the Water Supply System. The Borrower shall cause to be paid to the Utility Provider “Millennium’s Capital Contribution” as required pursuant to the Water Treatment Plant Financing Agreement and to pay the Contractors utilized in the construction of the Project.
Water Supply Agreements. On or before 90 days prior to the First Advance Borrower shall provide evidence that all Utility Preconditions have been met. The Borrower will perform its obligations under the Water Supply Agreements and cause the Utility Provider to perform its obligations thereunder. In particular the Borrower shall cause the Utility Provider to construct the Water Supply System with no defenses, setoffs, or counterclaims pursuant to a fixed price general contract with a licensed general contractor of known reputation and skill sufficient to timely construct the Water Supply System in order to meet the requirements of the Design Build Agreement and Start-Up which general contract and general contractor shall meet with Lender’s prior written approval. Borrower will, at its own cost and expense, perform, comply with and discharge all of the obligations of Borrower under the Water Supply Agreements and use all efforts to enforce or secure the performance of each obligation and undertaking of the Utility Provider under the Water Supply Agreements. Borrower shall permit no surrender nor assignment of the Borrower’s interest under the Water Supply Agreements nor execute any mortgage or create or permit a lien which may be or become superior to the Mortgage and Loan Documents, nor permit a subordination of the Water Supply Agreements to any mortgage or lien. Borrower will not modify or amend the terms of the Water Supply Agreements nor excuse or waive any default of the Utility Provider thereunder without the prior written consent of Lender.
Water Supply Agreements. The Water Supply Agreements shall have been executed and delivered in form and content satisfactory to Lender, the Utility Preconditions shall have been satisfied and the obligation of the Utility Provider shall be in full force and effect without any setoff, objection or defense to perform thereunder and the Utility Provider shall have executed and delivered to Lender a Service Provider’s Consent consenting to and acknowledging the assignment of the Water Supply Agreements to Lender as collateral for the Loan.
