WITHIN SIXTY. (60) DAYS AFTER LOAN CLOSING, Borrower shall ----------------------------------------- cause the Title Company to issue an "ENDORSEMENT" to Bank's Loan Policy insuring the first mortgage lien of the Deed of Trust encumbering the Minnesota Facility, by which Endorsement the Title Company deletes the survey exception from Bank's Loan Policy; and in connection therewith, at Borrower's option, either Borrower shall provide the Title Company with a survey of the Minnesota Facility which is sufficient to cause the Title Company to issue such Endorsement to the Loan Policy deleting the survey exception from the Loan Policy, or Borrower shall provide the Title Company with such affidavits, and indemnity and other agreements, as are sufficient to cause the Title Company to issue such Endorsement to the Loan Policy deleting the survey exception from the Loan Policy.
WITHIN SIXTY. (60) DAYS after (a) the acquisition by a Borrower or any Guarantor of any real property or (b) the lease to or by a Borrower or any Guarantor of any real property described in clause (xii), in either case occurring after the date of Amendment No. 5, the Borrowers shall deliver, or shall cause the appropriate Guarantor to deliver, to the Agent the items listed in clauses (i) through (ix) or (xii), as applicable, with respect to such real property or lease, to the satisfaction of the Agent; PROVIDED that with respect to any real property which (i) is not and will not in the future be included in the Borrowing Base as Eligible Real Estate, as indicated by the Borrower on SCHEDULE 8.24 or by written notice to the Agent, as applicable, and (ii) has a net book value of less than $150,000 (computed by aggregating the value of all contiguous or near-contiguous properties which together constitute a single functional unit), (A) the Borrowers shall not be required to deliver those items listed in clauses (ii), (iii), (v) and (vi), and (B) the Borrowers shall deliver to the Agent such documents and instruments as requested by the Agent to evidence that title to such property is held by a Borrower or Subsidiary and any exceptions to such title, including deeds and existing title insurance policies.
WITHIN SIXTY. (60) DAYS after Loan Closing, then such failure or inability by Borrower shall constitute the "SURVEY DEFAULT" hereunder. If Borrower obtains a survey of the Minnesota Facility, such survey shall be certified to Bank and Borrower shall deliver two (2) prints thereof to Bank.
WITHIN SIXTY. (60) days after receiving a notice of any Party's exceptions to the auditing results, the Operator shall give explanations to the matters posed by the exceptions to JMC, which shall make decisions on these matters.
WITHIN SIXTY. (60) days after the end of each calendar quarter, internally prepared quarterly financial statements for Solara.
WITHIN SIXTY. (60) days of agreeing upon the mediator, the parties shall conduct mediation. This date may be mutually extended.
WITHIN SIXTY. 60) Days of Completion of the Project measured by the occurrence of any of the following:
15.1.2.1.1. The occupation, beneficial use, and enjoyment of the Project, excluding any operation only for testing, startup, or commissioning, by Judicial Council or its agent, accompanied by cessation of labor on the Project;
15.1.2.1.2. Acceptance of the Work;
15.1.2.1.3. A cessation of labor on the Project for a continuous period of ONE HUNDRED (100) Days or more, due to factors beyond the control of Contractor; provided, however, that a suspension as provided for in the Contract Documents will not constitute a cessation of labor; or
15.1.2.1.4. A cessation of labor on the Project for a continuous period of THIRTY (30) Days or more, if Judicial Council files for record a notice of cessation or a notice of completion.
WITHIN SIXTY. 60) calendar days after the climate survey is conducted, the District will provide OCR a report summarizing the results of the survey. The District will also provide to OCR for review and approval, a description of any actions recommended in response to the survey results.
