Elm Road Site definition
Examples of Elm Road Site in a sentence
The Operating Agent will assist the Operating Committee with the development of the procedures and the procedures manual, and will maintain the official version of such procedures manual, which shall be available at the Elm Road Site for review by the Parties during regular business hours.
The Lessee/Owner Parties’ rights of access to the Elm Road Site and documents are not intended to substitute for or diminish in any way the Operating Agent’s affirmative duty to provide information as provided for herein.
During the Transition Period, each of the Parties shall use reasonable efforts to ensure that its actions at the Elm Road Site are consistent with and support the efforts of the Project Manager and EPC Contractor to complete construction in a timely manner.
Lessor shall make all plans and contracts related to the construction of the Project as well as the Elm Road Site, available to be reviewed or inspected by the Independent Evaluator, at Lessee’s sole cost, at any time during the Construction Term.
Each of Parties agrees not to commence during the Term any action or proceeding of any kind seeking any form of partition of the Elm Road Site or any interest or portion thereof, including the Easements or any interest or portion thereof, with respect thereto.
If a Lessee/Owner Party’s coal inventory accumulates to the point that it exceeds its Pro Rata Share of the inventory target approved by the Operating Committee and that is greater than the excess inventory that can be accommodated at the Elm Road Site pursuant to Section 8.1(c), the Operating Agent may require the Party to reduce its inventory to the highest level that can be accommodated at the Elm Road Site.
Upon at least five (5) Business Days’ prior written notice by Lessor, Lessee shall make the ▇▇▇▇ ▇ Facility and the Elm Road Site available to Lessor or its designee for inspection at reasonable times and under conditions reasonably acceptable to Lessee; provided that Lessor and its designees shall comply with all of Lessee’s reasonable rules and regulations, including security and safety requirements and any applicable insurance policies.
Any Lessee/Owner Party’s designation of a level above its Pro Rata Share of the inventory target approved by the Operating Committee shall be accommodated (i) if the purchase of such additional amounts is permitted under the terms of applicable Coal Supply Agreements and (ii) to the extent storage of such additional fuel stock can be accommodated at the Elm Road Site.
The charges to the Lessee/Owner Parties for coal hereunder shall be the Operating Agent’s actual delivered cost of such coal to the Elm Road Site.
Each Party shall be liable for any loss or damage (including any deductible under applicable insurance, if any) to the New Common Facilities arising as a result of the acts of such Party or its Representatives on or about the Elm Road Site.