Subsequent Phase means a phase of a bank that is either planned conceptually or added after the Bank Establishment Date and for which complete components required by 33 C.F.R. § 332.4(c) are not included in the exhibits and approved as part of the BEI. Subsequent Phases are added through an amendment of the BEI or developed as a new bank, as determined by the IRT.
Subsequent Phase means any phase not submitted to the condominium form of ownership with the recording of the original declaration of condominium. Subsequent phase(s) shall be filed as set forth below prior to offering any unit therein for sale or lease when the lease period is more than five years. Amendments to the declaration providing for subsequent phases and supporting documentation may be filed at the same time as the initial filing, or at a later time, but at any time all requirements of this rule shall be observed.
Subsequent Phase means any Phase that is not Phase 1.
Examples of Subsequent Phase in a sentence
Subsequent Phases will need to comply with requirements in effect on the date of submission of the complete documentation for the proposed Subsequent Phase.
Without limiting NextEra’s obligations under this Section 2.1, any Affiliate Build-Out Agreement or Transferred Affiliate Build-Out Agreement shall apply only to the Subsequent Phase Rights acquired by such Affiliate while it is an Affiliate of NextEra.
Approval of this BEI does not obligate any [Choose one: IRT or Signatory Agencies] to approve any Subsequent Phase.
Establishment of each Subsequent Phase is subject to approval by the [Choose one: IRT or Signatory Agencies].
The Bank Sponsor may propose a Subsequent Phase by submitting a written request to the [Choose one: IRT or Signatory Agencies, with a courtesy copy to the IRT].
More Definitions of Subsequent Phase
Subsequent Phase means any phase not submitted to the condominium form of ownership with the recording of the original declaration of condominium. Subsequent phase(s) shall be filed as set forth below prior to offering any unit therein for sale or lease when the lease
Subsequent Phase means any (a) (x) wind farm or expansion of a wind farm or Repowering of a wind farm, or (y) any solar farm or expansion of a solar farm, (b) any Other Facility or expansion thereof, which is to be Implemented using Subsequent Phase Rights; provided that, for the avoidance of doubt, any wind farm that is Implemented after giving effect to and complying with the terms and conditions of this Agreement (a “Compliant Project”), shall not, subject to the immediately following sentence, be a “Subsequent Phase” for purposes of Section 2.1 of this Agreement. Notwithstanding the foregoing, (1) in the event that such Compliant Project is a wind farm and more than two (2) Wind Turbines included in any Compliant Project are to be relocated or Repowered and such Wind Turbines would be within five (5) kilometers of any Project after such relocation or Repowering, (2) in the event that any electric generating equipment with capacity to generate more than 4.0 MW of electricity included in any Compliant Project is reasonably expected to result in any Shading and Soiling Effect (provided such relocation is within 1.0 (one) kilometer of a Project), then in each case the relocation or Repowering of the applicable electric generation equipment will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 (other than the first sentence thereof) of this Agreement. For avoidance of doubt, the Projects and the Excluded Project shall not be, or be deemed for any purpose to be, a Subsequent Phase and any expansion of, or re-location of the electrical generation equipment at, the Projects shall not be subject to this Agreement.
Subsequent Phase means any phase not submitted to the condominium form of ownership with the recording of the original declaration of condominium. Subsequent phase(s) shall be filed as set forth below prior to offering any unit therein for sale or lease when the lease period is more than five years. Amendments to the declaration providing for subsequent phases and supporting
Subsequent Phase means any wind farm or expansion of a wind farm which is to be Implemented using Subsequent Phase Rights; provided that, for the avoidance of doubt, any wind farm that is Implemented after giving effect to and complying with the terms and conditions of this Agreement (a “Compliant Project”), shall not, subject to the immediately following sentence, be a “Subsequent Phase” for purposes of Section 2.1 of this Agreement. Notwithstanding the foregoing, in the event that more than two (2) Wind Turbines included in any Compliant Project are to be relocated and such Wind Turbines would be within five (5) kilometers of any Project after such relocation, then the relocation of such Wind Turbines will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 (other than the first sentence thereof) of this Agreement. For avoidance of doubt, the Projects shall not be, or be deemed for any purpose to be, a Subsequent Phase and any expansion of, or re-location of the Wind Turbines at, the Projects shall not be subject to this Agreement.
Subsequent Phase means any (a) wind farm or expansion of a wind farm or Repowering of a wind farm, or (y) any solar farm or expansion of a solar farm, (b) any Other Facility or expansion thereof, which is to be Implemented using Subsequent Phase Rights; provided that, for the avoidance of doubt, any wind farm that is Implemented after giving effect to and complying with the terms and conditions of this Agreement (a “Compliant Project”), shall not, subject to the immediately following sentence, be a “Subsequent Phase” for purposes of Section 2.1 of this Agreement. Notwithstanding the foregoing, (1) in the event that such Compliant Project is a wind farm and more than two (2) Wind Turbines included in any Compliant Project are to be relocated or Repowered and such Wind Turbines would be within five (5) kilometers of any Project after such relocation or Repowering, (2) in the event that any electric generating equipment with capacity to generate more than 4.0 MW of electricity included in any Compliant Project is reasonably expected to result in any Shading and Soiling Effect (provided such relocation is within 1.0 (one) kilometer of a Project), then in each case the relocation or Repowering of the applicable electric generation equipment will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 (other than the first sentence thereof) of this Agreement. For avoidance of doubt, the Projects shall not be, or be deemed for any purpose to be, a Subsequent Phase and any expansion of, or re-location of the electrical generation equipment at, the Projects shall not be subject to this Agreement.
Subsequent Phase means any wind generation project (other than the Project) directly or indirectly developed or acquired by Developer, any of its Affiliates or any other Person who acquires Additional Phase Land Rights or other development or real property rights from Developer or its Affiliates (each such additional wind generation project, an “Additional Phase”) that is Implemented following the Execution Date (as defined in the ECCA) with Wind Turbines within 5 kilometers of any Xxxxx Wind Turbine; provided that, for the avoidance of doubt, but subject to the immediately following sentence, if an Additional Phase is Implemented after giving effect to and complying with the terms and conditions of this Agreement, such Additional Phase will no longer be a “Subsequent Phase” for purposes of Section 2.1 of this Agreement. Notwithstanding the foregoing, in the event that (a) a Wind Turbine is added to any Additional Phase which pursuant to the immediately preceding sentence is no longer a “Subsequent Phase” (unless such additional Wind Turbine will not be within 5 kilometers of any Xxxxx Wind Turbine), or (b) a Wind Turbine included in an Implemented Additional Phase is to be relocated by more than 500 meters (unless such relocation results in such Wind Turbine being further away from any Xxxxx Wind Turbines or such Wind Turbine will not be within 5 kilometers of any Xxxxx Wind Turbine), then, the addition or relocation of such Wind Turbine will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 of this Agreement.
Subsequent Phase means any electric generation facility, expansion of an electric generation facility, energy storage facility, expansion of an energy storage facility or Repowering which is to be Implemented using the applicable Subsequent Phase Rights; provided, that, for the avoidance of doubt, no electric generation facility or energy storage facility that is Implemented after giving effect to and complying with the terms and conditions of this Agreement (a “Compliant Project”), shall, subject to the immediately following sentence, be a “Subsequent Phase” for purposes of Section 2.1 of this Agreement. Notwithstanding the foregoing, (i) in the event that any electric generating equipment with capacity to generate more than 4.0 MW of electricity included in any Compliant Project is to be relocated or Repowered and such electric generating equipment is reasonably expected to result in an O&M Interference Effect or Transmission Access Effect after such relocation or Repowering, or (ii) in the event that any energy storage facility equipment included in any Compliant Project is to be relocated and such relocation is reasonably expected to result in a Transmission Access Effect after such relocation, then, in the case of the foregoing clauses (i) and (ii), the relocation or Repowering of such electric generating equipment or energy storage facility equipment, as applicable, will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 (other than the first sentence thereof) of this Agreement, and (iii) in the event that such Compliant Project is a wind farm and more than two (2) Wind Turbines included in such Compliant Project are to be either relocated or Repowered and such Wind Turbines are Proximate Turbines or would be Proximate Turbines after such relocation, then the relocation or Repowering of such Wind Turbines will be treated as an Implementation of a Subsequent Phase for purposes of Section 2.1 (other than the first sentence thereof) of this Agreement. For avoidance of doubt, (1) no Project, action at any Project or action taken by any Project Owner shall be, or be deemed for any purpose to be, a Subsequent Phase and (2) any expansion, relocation or Repowering of the Wind Turbines at a Project shall not be subject to this Agreement.