Capital Improvements Sample Clauses

Capital Improvements. From and after Final Completion, Tenant shall not replace or materially alter the Project, or any part thereof (except as provided to the contrary with respect to Fixtures in Article 13), or make any addition thereto, whether voluntarily or in connection with repairs required by this Lease (collectively, “Capital Improvements”), unless Tenant shall comply with the following requirements and, if applicable, with the additional requirements set forth in Section 11.10: (a) No Capital Improvements shall be undertaken, as applicable, until Tenant shall have procured from all Governmental Authorities and paid for all permits, consents, certificates and approvals for the proposed Capital Improvements which are required to be obtained prior to the commencement of the proposed Capital Improvements (collectively, “Improvement Approvals”). The FCRHA shall not unreasonably refuse to join or otherwise unreasonably refuse to cooperate in the application for any such Improvement Approvals, provided such application is made without cost, expense or liability (contingent or otherwise) to the FCRHA. True copies of all such Improvement Approvals shall be delivered by Tenant to the FCRHA prior to commencement of the proposed Capital Improvements. (b) The Premises after completion of such Capital Improvements, shall have a value at least equal to the value of the Premises immediately before construction of such Capital Improvements. In addition, the Project shall at all times remain in substantial conformity with the original Plans and Specifications therefor (except to the extent specifically consented to by the FCRHA, in its sole but reasonable discretion). (c) All Capital Improvements shall be made with reasonable diligence and continuity (subject to Unavoidable Delays) and in a good and workmanlike manner and in compliance with (i) all Improvement Approvals, (ii) if required pursuant to Section 11.10(a) or (b), in substantial accordance with the plans and specifications for such Capital Improvements as approved by the FCRHA, and (iii) all Applicable Laws. (d) No construction of any Capital Improvement shall be commenced until Tenant shall have delivered to the FCRHA certificates of insurance and copies of the declaration page(s) for the insurance required by Exhibit D. Such insurance policies shall comply with the terms of Section 7.02 above.
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Capital Improvements. Construction of the following capital improvements shall be initiated after the effective date of the annexation: None. Upon development of the subject property or redevelopment, the landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. No additional capital improvements are necessary at this time to service the subject property the same as similarly situated properties. When deemed necessary, capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as applicable and amended, which are incorporated herein by reference.
Capital Improvements. During the term of this Agreement, Customer shall be entitled to designate Capital Improvements to be made to the Assets. The following provisions shall set forth the procedures pursuant to which Capital Improvements designated by Customer may be constructed: (i) For any Capital Improvement designated by Customer, Customer shall submit a written proposal, including all specifications then available to it, for the proposed Capital Improvement to the Assets, as the case may be. (ii) Owner will review such proposal to determine, in its sole discretion, whether it will consent to proceed with the proposed Capital Improvement. (iii) Should Owner determine to proceed and construct or cause to be constructed the approved Capital Improvement, Owner will obtain bids from two or more general contractors reasonably acceptable to Customer for the construction of the Capital Improvement. Based upon the bids, Owner will notify Customer of Owner’s estimate of the total cost necessary to construct such Capital Improvement (the “Capital Expenditure Notice”) (which amount shall include the costs of capital, a reasonable rate of return over the remaining Term and any other costs necessary to place such Capital Improvement in service) (“Estimated Expansion Capital Expenditure”). Within 30 days after receiving the Capital Expenditure Notice, Customer will notify Owner whether or not Customer agrees to such Estimated Expansion Capital Expenditure. In the event Customer does not agree with such Estimated Expansion Capital Expenditure, the Parties shall work together in good faith to reach agreement on the Estimated Expansion Capital Expenditure (the agreed amount is referred to as the “Expansion Capital Expenditure”); provided that, in the event the Parties do not reach such agreement within 60 days of the Capital Expenditure Notice, Customer shall be entitled to proceed with the construction of the Capital Improvement in accordance with Section 8.6(c)(v). (iv) Prior to beginning any construction on the Capital Improvement, (A) Owner shall have received all necessary regulatory approvals, (B) Owner and Customer shall have agreed on (1) an additional monthly payment amount to be paid by Customer to Owner (the “Monthly Expansion Capital Amount”) which amount (x) shall be payable over a mutually agreed upon term not to exceed the then-remaining balance of the Initial Term plus the Renewal Term to which Customer is then committed or shall then commit (the “Capital Amortization Perio...
Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
Capital Improvements. The Department has identified the following possible opportunities for Capital Improvements: a. Design and construction of a new Campground Store. b. Improvements to the marina area. c. Sidewalk construction and improvements. d. Creation of outdoor seating at the Jetty Store (BL#070116). e. Dock improvements at Shell Island. If capital improvements are proposed, please follow the guidelines below. If applicable, the proposed capital improvement project scope, layout, costs and timeline, including any specifications and plans, will be included in the Proposal. The Respondent will adhere to the Florida Department of State, Division of Historical Resources guidelines for archeological review of any ground disturbance activities. The costs incurred as a result of such requirement will be the sole responsibility of the Respondent. Any demolition or construction performed under the Agreement will comply with all applicable federal, state, county, and local laws and codes including the most current Florida Accessibility Building Code, Florida Building Code and Florida Fire Prevention Code. The Concessionaire is responsible for applying for, obtaining and paying all costs of any and all required permits which may include the Department’s Beaches & Coastal Systems (“CCCL”) permit, water management permit, endangered species permit(s), local building permit, etc. This does not necessarily represent a comprehensive list. Any construction project proposed under this Call for Business Plan, or subsequent Agreement, will be reviewed and pre-approved, in writing, by the Department’s Bureau of Design and Construction prior to a construction bid solicitation and construction commencement.
Capital Improvements. The Department has identified the following possible opportunities for Capital Improvements: a. A new roof for the Concession Building (BL#187009); b. Upgrades to the parking area; and c. Funding of a Capital Improvement Account If capital improvements are proposed, please follow the guidelines below. If applicable, the proposed capital improvement project scope, layout, costs and timeline, including any specifications and plans, will be included in the Proposal. The Respondent will adhere to the Florida Department of State, Division of Historical Resources guidelines for archeological review of any ground disturbance activities. The costs incurred as a result of such requirement will be the sole responsibility of the Respondent. Any demolition or construction performed under the Agreement will comply with all applicable federal, state, county, and local laws and codes including the most current Florida Accessibility Building Code, Florida Building Code and Florida Fire Prevention Code. The Concessionaire is responsible for applying for, obtaining and paying all costs of any and all required permits which may include the Department’s Beaches & Coastal Systems (“CCCL”) permit, water management permit, endangered species permit(s), local building permit, etc. This does not necessarily represent a comprehensive list. Any construction project proposed under this Call for Business Plan, or subsequent Agreement, will be reviewed and pre-approved, in writing, by the Department’s Bureau of Design and Construction prior to a construction bid solicitation and construction commencement.
Capital Improvements. If the Owner of an Employee Unit has made capital improvements to an Employee Unit that required the issuance of a building permit by the Municipality, then the Municipality may, in its sole discretion, permit the Owner to increase the sale price for the Employee Unit at the time of resale up to an amount commensurate with the value of the capital improvements. To assist the Municipality in determining the value of the capital improvements, the Owner must provide receipts and invoices for the completed work to the Municipality. If the Owner is dissatisfied with the value of the improvements as determined by the Municipality, the Owner may, at its expense, engage a Quantity Surveyor to establish the value of such improvements, but the Municipality will in no way be bound by the value established by the Quantity Surveyor, and the Municipality will, in its sole discretion, determine the permitted increase, if any, in the sale price. For greater certainty, the Municipality will not permit any increase in the sale price for improvements that have been made without a building permit issued by the Municipality.
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Capital Improvements. Without limiting clause 10.1 above, the Service Provider is not bound to make capital improvements at a new Receipt Point or a new Delivery Point unless it is reasonably satisfied that there is enough long-term supply of Gas at the new Receipt Point or the new Delivery Point to justify the improvements.
Capital Improvements. 6.1 Licensee shall perform or cause to be performed during the Interim Period and Term of this License Capital Improvements as defined in Section 2.1 herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any architectural and design fees necessary to implement the Capital Improvements. 6.2 Capital Improvements shall include, but are not limited to, the items listed in Exhibit C attached hereto . Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior written consent, which shall not be unreasonably delayed. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 shall become the property of DOT upon installation, at DOT’s option. 6.4 Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area and providing ADA signage. Licensee shall comply with all New York City, State and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 At DOT’s discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOT, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred ...
Capital Improvements. Except as provided in Section 5, all capital improvements involving Shared Assets shall be governed by the following provisions:
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