Bid Contracts Sample Clauses

Bid Contracts. The Company shall have executed the Construction Management Agreement relating to the Four Seasons Macao Overall Project and (a) lump sum, fixed price or guaranteed maximum price Construction Contracts or Trade Contracts and/or (b) letters of acceptance for such lump sum, fixed price or guaranteed maximum price Construction Contracts or Trade Contracts, which Construction Contracts, Trade Contracts and/or letters of acceptance collectively account for at least sixty percent (60%) of the total costs reflected in the Project Budget for the Four Seasons Macao Overall Project for the “Construction Costs” Line Item Category; and copies of such Construction Management Agreement and all such letters of acceptance, together with any Construction Contracts and Trade Contracts that may then be executed, shall have been delivered to the Construction Consultant. Such letters of acceptance shall be in form and substance reasonably satisfactory to the Construction Consultant and the Disbursement Agent, and the Construction Consultant shall have determined that the estimates set forth by the Company in the Project Budget for the Four Seasons Macao Overall Project in respect of all Project Costs not covered by any then-effective Construction Contracts and Trade Contracts are reasonable. The Company shall have certified in the Company’s Initial Standard Advance Certificate that such Construction Management Agreement and letters of acceptance, together with any Construction Contracts and Trade Contracts that may then be executed, satisfy the requirements of this Section 3.2.2 and are consistent with the Project Budget, the Project Schedule and the Plans and Specifications for the Four Seasons Macao Overall Project.
Sample 1
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Bid Contracts. The Company shall have executed the Construction Management Agreement relating to each Primary Project (other than the Four Seasons Macao Overall Project) and lump sum, fixed price or guaranteed maximum price Construction Contracts or Trade Contracts in respect of at least eighty percent (80%) of the total costs reflected in the Project Budget for each of the Primary Projects (other than the Four Seasons Macao Overall Project) for the “Construction Costs” Line Item Category; and copies of all such Construction Management Agreements, Construction Contracts and Trade Contracts shall have been delivered to the Construction Consultant. The Company shall have certified in the Company’s Initial Standard Advance Certificate that such Construction Contracts and Trade Contracts satisfy the requirements of this Section 3.1.2 and are consistent with the Project Budget, the Project Schedule and the Plans and Specifications for such Projects.
Sample 1
Bid Contracts. The Company shall have executed the Construction Management Agreement relating to the Four Seasons Macao Overall Project and lump sum, fixed price or guaranteed maximum price Construction Contracts or Trade Contracts in respect of at least sixty percent (60%) of the total costs reflected in the Project Budget for the Four Seasons Macao Overall Project for the “Construction Costs” Line Item Category; and copies of all such Construction Management Agreement, Construction Contracts and Trade Contracts shall have been delivered to the Construction Consultant. The Construction Consultant shall have determined that the estimates set forth by the Company in the Project Budget for the Four Seasons Macao Overall Project in respect of all Project Costs not covered by such executed Construction Contracts and Trade Contracts are reasonable. The Company shall have certified in the Company’s Initial Standard Advance Certificate that such Construction Contracts and Trade Contracts satisfy the requirements of this Section 3.2.2 and are consistent with the Project Budget, the Project Schedule and the Plans and Specifications for the Four Seasons Macao Overall Project.
Sample 1
Bid Contracts. (a) The Company shall have executed lump sum, fixed price or guaranteed maximum price Construction Contracts or Trade Contracts in respect of at least eighty percent (80%) of the total costs reflected in the Project Budget for such Secondary Project for the “Construction Costs” Line Item Category; and if there will be a Construction Manager for such Secondary Project, the Company shall have executed the Construction Management Agreement relating to such Secondary Project, and copies of all such Construction Management Agreement, Construction Contracts and Trade Contracts shall have been delivered to the Construction Consultant. The Company shall have certified in the Company’s Initial Standard Advance Certificate that such Construction Management Agreement, Construction Contracts and Trade Contracts satisfy the requirements of this Section 3.3.2 and are consistent with the Project Budget, the Project Schedule and the Plans and Specifications for such Project.
Sample 1
Bid Contracts. The Borrower shall have executed lump sum, fixed price or guaranteed maximum price Construction Contracts in respect of at least five percent (5%) of the total costs reflected in the Project Budget for the “Construction Costs” Line Item Category incurred or to be incurred from and after November 1, 2009; and copies of all such Construction Contracts shall have been delivered to the Construction Consultant. The Borrower shall have certified that such Construction Contracts satisfy the requirements of this subsection 4.1(B)(xii)(j) and are consistent with the Project Budget, the Project Schedule and the Plans and Specifications for such Phases.
Sample 1

Related to Bid Contracts

  • Seller Contracts All contracts and agreements, other than ---------------- Governmental Permits and those relating to Real Property, pertaining to the ownership, operation and maintenance of the Assets or the Business or used or held for use in the Business, as described on SCHEDULE 5.6 or, in the case of contracts and agreements relating to Real Property, on SCHEDULE 5.7.

  • Customer Contracts 6.2.1 The Redistributor should ensure that its contracts with its Customers give it all necessary rights to control and monitor Data use.

  • Assigned Contracts The Debtor shall fully perform all of its obligations under each of the Assigned Contracts, and shall enforce all of its material rights and remedies thereunder. Without limiting the generality of the foregoing, the Debtor shall take all action reasonably necessary or appropriate, as determined solely by the Debtor, to permit, and shall not take any action which would have any materially adverse effect upon, the full enforcement of all indemnification rights under the Assigned Contracts. The Debtor shall notify the Secured Party in writing, promptly after the Debtor becomes aware thereof, of any event or fact which could give rise to a claim by it for indemnification under any of the material Assigned Contracts, and shall diligently pursue, as it deems appropriate, such right and report to the Secured Party on all further developments with respect thereto. The Debtor shall remit directly to the Secured Party for application to the Obligations in such order as the Secured Party shall determine, all amounts received by the Debtor as indemnification or otherwise pursuant to its Assigned Contracts. If the Debtor shall fail after the Secured Party's demand to pursue diligently any right under the material Assigned Contracts, or an Event of Default then exists, the Secured Party may directly enforce such right in its own or the Debtor's name and may enter into such settlements or other agreements with respect thereto as the Secured Party, shall determine. In any suit, proceeding or action brought by the Secured Party under any Assigned Contract for any sum owing thereunder or to enforce any provision thereof, the Debtor shall indemnify, defend and hold the Secured Party harmless from and against all expense (including without limitation Attorney Costs), loss or damage suffered by reason of any defense, setoff, counterclaims, recoupment, or reduction of liability whatsoever of the obligor thereunder arising out of a breach by the Debtor of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing from the Debtor to or in favor of such obligor or its successors. All obligations of the Debtor under an Assigned Contract shall be and remain enforceable only against the Debtor and shall not be enforceable against the Secured Party. Notwithstanding any provision hereof to the contrary, the Debtor shall at all times remain liable to observe and perform all of its material duties and obligations under the Assigned Contracts, and the Secured Party's exercise of any of its rights with respect to the Collateral shall not release the Debtor from any of such duties and obligations. The Secured Party shall not be obligated to perform or fulfill the Debtor's duties or obligations under the Assigned Contracts or to make any payment thereunder, or to make any inquiry as to the nature or sufficiency of any payment or property received by it thereunder or the sufficiency of performance by any party thereunder, or to present or file any claim, or to take any action to collect or enforce any performance, any payment of any amounts, or any delivery of any property.

  • SUB-CONTRACTS (a) The Servicer may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, provided that (but subject to Section 3.2(b)):

  • Related Contracts (i) The Borrower hereby agrees that, to the extent not expressly prohibited by the terms of the Related Contracts, after the occurrence and during the continuance of an Event of Default, it shall (x) upon the written request of the Administrative Agent or the Collateral Agent, promptly forward to such Agent all information and notices which it receives under or in connection with the Related Contracts relating to the Collateral, subject to applicable confidentiality requirements, and (y) upon the written request of the Administrative Agent or the Collateral Agent, act and refrain from acting in respect of any request, act, decision or vote under or in connection with the Related Contracts relating to the Collateral only in accordance with the direction of such Agent; provided that if the Borrower receives conflicting requests pursuant to this subclause (y), it shall follow whichever request is evidenced to be derived from the direction of the Majority Lenders.

  • Vendor Contracts (a) THIRD-PARTY ASO CONTRACTS.

  • New Contracts During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.

  • Assumed Contracts The term "Assumed Contracts" shall have the meaning set forth in Section 2.1(e).

  • The Contracts (i) will be sold by broker-dealers, or their registered representatives, who are registered with the Securities and Exchange Commission ("SEC") under the Securities and Exchange Act of 1934, as amended (the "1934 Act") and who are members in good standing of the National Association of Securities Dealers, Inc. (the "NASD"); (ii) will be issued and sold in compliance in all material respects with all applicable federal and state laws; and (iii) will be sold in compliance in all material respects with state insurance suitability requirements and NASD suitability guidelines.

  • Project Contracts Authority shall upon its election, succeed, without the necessity of any further action by the Concessionaire, to the interests of the Concessionaire under such of the Project Contracts as the Authority may in its discretion deem appropriate, and shall upon such election be liable to the Contractors only for compensation accruing and becoming due and payable to them under the terms of their respective Project Contracts from and after the date the Authority elects to succeed to the interests of the Concessionaire. For the avoidance of doubt, it is hereby agreed, and the Concessionaire hereby acknowledges, that all sums claimed by such Contractors as being due and owing for works and services performed or accruing on account of any act, omission or event prior to such date shall constitute debt between the Concessionaire and such Contractors, and the Authority shall not in any manner be liable for such sums. It is further agreed that in the event the Authority elects to cure any outstanding defaults under such Project Contracts, the amount expended by the Authority for this purpose shall be deducted from the Termination Payment.

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