Construction of the Facilities. Construction of the System and Facilities by Pathnet shall occur in accordance with the following:
Construction of the Facilities. The Borrower has caused the acquisition, construction, improvement or equipping of the Facilities.
Construction of the Facilities. The Company has exercised all its rights, powers, elections and options under the Plant Agreements to cause the acquisition, construction, improvement or equipping of the Facilities on the site of the Plant. In accordance with the provisions of Section 3.06 of the 1994 Agreement and Section 5.01(d) of the 1994 Ordinance, the Company provided the required certification to the City and the Trustee upon completion of the Facilities. (End of Article III)
Construction of the Facilities. The Company has caused the Facilities to be constructed in order to effectuate the purposes of the Act.
Construction of the Facilities. Upon the Effective Date and subject to obtaining all required permits, consents, regulatory approval and rights-of-way, Gatherer will at its sole cost and expense engage in construction of the Facilities as follows:
Construction of the Facilities. The Company shall cause the Facilities to be constructed with all reasonable dispatch in order to effectuate the purposes of the Act. The Company shall have the sole responsibility under this Agreement for the construction of the Facilities and may perform the same itself or through its agents, and may make or issue such contracts, orders, receipts and instructions, and in general do or cause to be done all such other things as it may in its sole discretion consider requisite or advisable for the construction of the Facilities and for fulfilling its obligations under this Article III. The Company shall have full authority and the sole right under this Agreement to supervise and control, directly or indirectly, all aspects of the construction of the Facilities. The Authority shall have no right, title or interest in the Facilities, nor any obligation regarding the facilities.
Construction of the Facilities. Section 5.01 The Corporation’s Construction Obligations 6 ARTICLE SIX ENCUMBRANCES Section 6.01 Mortgage of Leasehold or the Facilities 9 ARTICLE SEVEN MAINTENANCE AND REPAIR Section 7.01 Maintenance and Repairs 9 ARTICLE EIGHT CERTAIN LIENS PROHIBITED Section 8.01 No Mechanics’ Liens 9 Section 8.02 Release of Recorded Liens 9 Section 8.03 Memorandum of Recitals 10 ARTICLE NINE OPERATION AND MANAGEMENT OF FACILITIES Section 9.01 Management of Facilities 10 Section 9.02 Books and Records 10 Section 9.03 Audits 10 ARTICLE TEN INDEMNIFICATION Section 10.01 Indemnification by the Corporation 10 Section 10.02 Contributory Acts 11 Section 10.03 Indemnification by the Board 11
Construction of the Facilities. If the Parties agree to the conceptual design and proposed access for the Facilities and agree to enter into a Purchase and Sale Agreement for the Downtown Property, as a condition to the closing on the Downtown Property, UPRR shall prepare (or caused to be prepared), at the City’s sole cost and expense, the designs, plans and specifications for all work necessary to construct the Facilities (the " Project Work”). The Project Work shall be governed by definitive agreements, such as a Funding Agreement and a Construction Agreement, to be entered into between the Parties at closing. The Project Work shall include, but not limited to, grading, access improvements, permitting, zoning, utility installations and relocations, facility construction, track relocation and drainage. Pursuant to the Construction Agreement, following closing, UPRR shall construct (or cause to be constructed), at the City’s sole cost and expense, the Project Work in accordance with such designs, plans and specifications; however, the City reserves the right to terminate the Purchase and Sale Agreement and not close on the Downtown Property as well as cease commitments to construct the Project Work in the event the costs of construction of the Facilities is cost prohibitive, in the City’s sole discretion.
Construction of the Facilities. 12 SECTION 3.01. Construction of the Facilities .......................................................... 12 ARTICLE IV. ISSUANCE, SALE AND DISPOSITION OF PROCEEDS OF THE BONDS ........................................ 12
Construction of the Facilities. (a) The Company shall cause the Facilities to be constructed with all reasonable dispatch in order to effectuate the purposes of the Act. As between the Company and the Issuer, the Company shall have the sole responsibility under this Agreement for the construction of the Facilities and may perform the same itself or through its agents, acting both on its own behalf and as agent for others, and may make or issue such contracts, orders, receipts and instructions, and in general do or cause to be done all such other things as it may in its sole discretion consider requisite or advisable for the construction of the Facilities and for fulfilling its obligations under this Article III.
