CapEx Projects definition
Examples of CapEx Projects in a sentence
Notwithstanding the foregoing, it is expressly understood and agreed that (i) the CapEx Project Advances may not be sufficient to fund all costs and expenses necessary to complete the CapEx Projects, (ii) subject to Section 10.6(a) hereof, all costs and expenses necessary to complete the CapEx Projects shall be the sole responsibility and obligation of Tenant, and (iii) Landlord shall not be required to fund any amount in excess of the CapEx Project Advances in respect of the CapEx Projects.
Neither the CapEx Projects nor any Work that utilizes funds advanced under this Section 10.6 shall count toward the Minimum Cap Ex Requirement under this Lease or constitute Capital Expenditures or Qualifying Capital Improvements for the purpose of satisfying the Minimum Cap Ex Requirement under this Lease.
Tenant may withdraw and transfer amounts from the CapEx Project Account associated with the CapEx Projects solely to pay invoices relating to (i) the Work performed on the CapEx Projects, (ii) if applicable, the Work performed in connection with any Proposed CapEx Project (as defined below), or (iii) if applicable pursuant to the penultimate sentence of this Section 10.6(c), Capital Expenditures with respect to the Leased Property in accordance with Section 10.5 hereof.
Tenant shall deliver to Landlord promptly upon, but in all events within five (5) Business Days following the issuance thereof, copies of temporary certificates of occupancy with respect to each of the CapEx Projects (or the equivalent applicable municipal permit(s) evidencing substantial completion of the CapEx Projects in accordance with applicable local code requirements).
Brookdale hereby certifies that no change, modification, or addition to the Authorizations of the affected Facilities is required on account of the CapEx Projects.
For Zoo CapEx Projects, WPZS, its contractors and subcontractors shall adhere to the prevailing rates for all craft workers in effect at the time their respective contracts are executed.
On Zoo CapEx Projects with a total construction budget of $300,000 or more and City funding, WPZS shall ensure open and fair opportunities for minority and women-owned businesses (“WMBEs”) to obtain or compete for contracts and subcontracts.
For the avoidance of doubt and as further described in paragraph 5.F of this letter agreement, the 2015 Proposed Growth CapEx Projects Contribution will be subject to MHR’s right to make an MHR Catch-Up Contribution pursuant to Section 5.5 of the LLC Agreement.
WPZS shall follow such social equity efforts, requirements and accountability metrics (“Social Equity Work”) as the City reasonably determines appropriate for Zoo CapEx Projects.
The invoices and proof of payment with respect to the CapEx Projects and the requested Landlord UE Funds (and lien waivers for any such work in excess of $10,000) are attached to this letter.