Soil Deficiencies definition

Soil Deficiencies means the unusual terrain or soil deficiencies on the Development Property. State means the State of Minnesota; Tax Increments means 90% of the tax increments derived from the Development Property which have been received and retained by the EDA in accordance with Minnesota Laws 2017, 1st Special Session, Chapter 1, Article 6, Section 12 (the "Special Legislation") and the provisions of Minnesota Statutes, Section 469.177, which tax increments from the Development Property are calculated in the sole discretion of the EDA; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended;
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Soil Deficiencies means the cost of correcting the unusual terrain or soil deficiencies on the Development Property; State means the State of Minnesota; Tax Increments means 90% of the tax increments derived from the Development Property which have been received and retained by the EDA in accordance with the provisions of Minnesota Statutes, Section 469.177, which tax increments from the Development Property are calculated in the sole discretion of the EDA; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended;
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Examples of Soil Deficiencies in a sentence

  • Notwithstanding the provisions of Sections 3.1, the EDA shall have no obligation to the Developer under this Agreement to reimburse the Developer for the costs of the correction of the Soil Deficiencies, if the EDA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured.

  • The costs of the correction of the Soil Deficiencies shall be paid by the Developer.

  • At the time of completion of construction of the Project, if the aggregate amount of the costs of correction of the Soil Deficiencies incurred is less than the aggregate amount of the costs of correction of the Soil Deficiencies projected in Exhibit E, the TIF assistance for the costs of correction of the Soil Deficiencies will be reduced on a dollar for dollar basis in the amount of such deficiency and the principal amount of the TIF Note will be adjusted accordingly.

  • At the time of completion of construction of the Project, if the aggregate amount of the costs of correction of the Soil Deficiencies incurred is less than the aggregate amount of the costs of correction of the Soil Deficiencies projected in Exhibit E, the TIF assistance for the costs of the correction of the Soil Deficiencies will be reduced on a dollar for dollar basis in the amount of such deficiency and the principal amount of the TIF Note will be adjusted accordingly.

  • Notwithstanding the provisions ofSections 3.1, the EDA shall have no obligation to the Developer under this Agreement to reimburse the Developer for the costs of the correction of the Soil Deficiencies, if the EDA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured.

  • In addition, the EDA shall reimburse the Developer for the lesser of (1) $6,400,000, or (2) the costs of the correction of the Soil Deficiencies actually incurred and paid by the Developer (or Developer’s agent) (the "Reimbursement Amount"), as further provided in Section 3.3(2) hereof.

  • The principal amount of the TIF Note shall equal the sum of the lesser of (a) $600,000, or (b) the actual costs of the correction of the Soil Deficiencies actually incurred and paid.

  • The principal amount of the TIF Note shall equal the sum of (a) $700,000, or (b) the actual costs of the correction of the Soil Deficiencies actually incurred and paid.

  • The principal amount of the Facility TIF Note shall equal the lesser of (a) $4,480,000 or (b) the actual costs of the correction of the Soil Deficiencies on the Facility Property actually incurred and paid by the Developer.

  • The principal amount of the Soil TIF Note shall equal the lesser of (a) $1,920,000, or (b) the actual costs of the correction of the Soil Deficiencies on the Soil Property actually incurred and paid by the Developer.

Related to Soil Deficiencies

  • Deficiencies means defects arising from non-conformity with the mutually agreed specifications and/or failure or non-conformity in the Scope of the Services.

  • Immaterial Title Deficiencies means minor defects or deficiencies in title which do not diminish more than 2% of the aggregate value of the Oil and Gas Properties evaluated in the Reserve Report used in the most recent determination of the Borrowing Base.

  • Significant deficiency means a shortcoming in the system that materially affects the ability of officials of the Department of Defense to rely upon information produced by the system that is needed for management purposes.

  • Operating Deficit means, for the applicable period, insufficient funds to pay operating costs when Cash Expenses exceed Cash Receipts, as determined by the Accountant and approved by the Special Limited Partner.

  • Gas Supply Deficiency means any occurrence relating to Sellers gas supply which causes Seller to deliver less than the total requirements of its system, including failures of suppliers to deliver gas for any reason, requirement of gas for system storage, conservation of gas for future delivery, or any other occurrence which is not enumerated herein which affects Sellers gas supply.

  • Latent Defects means such defects caused by faulty designs, material or work man ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Mental deficiency means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Adverse Environmental Condition shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any substance, chemical, material, pollutant, Contaminant, odor or audible noise or other release or emission in, into or onto the environment (including, without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment or (iii) the violation, or alleged violation of any statutes, ordinances, orders, rules regulations, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any Equipment.

  • Subsurface Borings and Testing means borings, probings and subsurface explorations, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all the foregoing.

  • Material Environmental Liabilities means Environmental Liabilities exceeding $500,000 in the aggregate.

  • Advance Deficiency As defined in Section 4.01(b).

  • Soil means all unconsolidated mineral and organic material of any origin.

  • Spread Account Deficiency means the excess, if any, of the Required Spread Account Amount over the Available Spread Account Amount.

  • Environmental Defect Value means, with respect to any Environmental Defect, the value, as of the Closing Date, of the estimated costs and expenses to correct such Environmental Defect in the most cost-effective manner reasonably available, consistent with Environmental Laws, taking into account that non-permanent remedies (such as mechanisms to contain or stabilize hazardous materials, including monitoring site conditions, natural attenuation, risk-based corrective action, institutional controls or other appropriate restrictions on the use of property, caps, dikes, encapsulation, leachate collection systems, etc.) may be the most cost-effective manner reasonably available.

  • Imbalance means the difference between Deliveries to KUB for a Customer and Redeliveries by KUB to the Customer.

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Reserve Account Deficiency shall have, for any Distribution Date, the meaning specified for such Distribution Date in Section 4.6(b) of the Sale and Servicing Agreement.

  • Erroneous Payment Return Deficiency has the meaning assigned thereto in Section 10.12(d).

  • PM10 emissions means PM10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix M as of December 8, 1984, or by a test method specified in these regulations or any supplement thereto.

  • Groundwater means all water, which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

  • Environmental Defect means, with respect to any given Asset, a material violation of Environmental Laws in effect as of the Effective Time in the jurisdiction in which such Asset is located.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Weakness means a flaw in the SOQ that increases the risk of unsuccessful Contract performance. A significant Weakness in the SOQ is a flaw that appreciably increases the risk of unsuccessful Contract performance.

  • Punch List Items means such items (i) as are reasonably necessary or appropriate to fully complete the construction, equipping and furnishing of the Hotel in accordance with this Contract and (ii) that, unless otherwise agreed by Buyer in its sole discretion, (a) individually and in the aggregate do not and will not prohibit, cause a delay in or otherwise adversely affect, under applicable Legal Requirements, the Franchise Agreement or otherwise, the opening of the Hotel for business to the public or the continued occupancy and operation of the Hotel as contemplated under the Brand and (b) may be corrected or completed, subject to delays caused by Force Majeure, within not more than sixty (60) days.