Construction of Facility. Seller shall construct the Facility as described in Exhibit A, in accordance with Good Utility Practice, the manufacturer’s guidelines for all material components of the Facility and all requirements of the ISO-NE Rules and ISO-NE Practices for the delivery of the Products to Buyer. Seller shall bear all costs related thereto. Seller may contract with other Persons to provide construction functions, so long as Seller maintains overall control over the construction of the Facility through the Term.
Construction of Facility. As required under IC § 20-5.5-7-7, if the Organizer uses publics funds for the construction, reconstruction, alteration, or renovation of a public building, then bidding and wage determination law, and any other law relating to such projects shall apply.
Construction of Facility. As required under Indiana Code § 20-24-7-7, if the Organizer uses public funds for the construction, reconstruction, alteration, or renovation of a public building, then bidding and wage determination law, and any other law relating to such projects shall apply.
Construction of Facility. Lessee hereby covenants and agrees to construct or cause to be constructed at Lessee's sole expense upon the Leased Premises a modern facility which will be completed in accordance with the plans and specifications furnished by Lessee and incorporated herein as Exhibit "C". [Lessor To Remove Car Wash equipment.] Lessee agrees, at Lessee's expense, to make application for and to secure the necessary permits for erection and operation of the facility to be constructed on the Leased Premises. Lessor agrees to reasonably cooperate with Lessee in securing said permits, but all expenses shall be borne by Lessee. All improvements shall be in compliance with the Americans with Disabilities Act, the regulations thereunder and similar state laws (collectively, "ADA"). As between Lessor and Lessee, with respect to the Leased Premises Lessee shall be responsible for compliance with the ADA. In the event Lessee fails to complete construction of the facility within 120 days from commencement, Lessor may, in its sole discretion, terminate this Lease and consider any improvements in process shall be deemed to be abandoned by Lessee. Lessor may then, at its sole discretion, complete the improvements for its own account with no further obligation to Lessee, or demolish and remove the incomplete improvements.
Construction of Facility. Lessee shall construct and operate the Facility, and shall provide water and wastewater utility services, pursuant to and in accordance with the DBOF Agreement during the term of this Lease.
Construction of Facility. Seller represents and warrants that it will construct the Facility in conformance with Prudent Utility Practice and the specification set forth in Exhibit A, including but not limited to the Nameplate Capacity, and the manufacturers and models of the Units and all major equipment. Seller shall notify NorthWestern of any change in the manufacturer of the Units and shall not increase or decrease the Nameplate Capacity without the prior written consent of NorthWestern. Seller shall not make any modification to the equipment described in Exhibit A, unless the same change is made to the equipment listed under its GIA. Upon completion of the Facility, Seller shall deliver to NorthWestern the As‐Built Supplement to Exhibit A.
Construction of Facility. Purchaser agrees to commence construction of a new manufacturing facility (the “Facility”) on the Property within one (1) year following the Closing, and complete construction within two (2) years as consistent with the Partnership Industrial West Declaration of Protective Covenants, dated October 30, 2001, and approved November 2, 2001, as contained in Book 2874, page 921, Records of Xxxxxx County, Missouri, as revised and recorded prior to Closing (the “Declarations”), a copy of which Seller shall provide to Purchaser within seven (7) days following the Effective Date hereof, subject to delays beyond Purchaser's control. The new manufacturing facility will be approximately 280,000 square feet. Any subsequent change in occupancy of the manufacturing facility shall be subject to the Declarations. The Declarations provide that Purchaser shall submit plans and specifications for the building to be constructed to Seller for approval. In the event Seller withholds approval and Purchaser and Seller are unable to agree upon the plans and specifications of the building, Seller agrees to purchase the property from Purchaser for the original Purchase Price paid by Purchaser. Said purchase shall be contingent upon (a) the legal title being the same and unencumbered as when conveyed to Purchaser, and (b) Purchaser pays all expenses of the repurchase, including, but not limited to, a new title commitment, recording fee, closing fee, and other expenses incident to the real estate transaction.
Construction of Facility. The District shall be fully responsible for the construction of the Facility and for entering into any and all agreements required for, and relating to, the construction of the Facility. The District shall be responsible for complying with all State and local laws relating to the construction of school facilities. The City Manager and District Superintendent shall monitor the construction of the Facility as well as its ongoing condition and operation and keep the Parties informed of the status of each. The City Manager and District Superintendent are hereby authorized to delegate their authority in such manner as mutually agreed upon.
Construction of Facility. (1) The Concessionaire is obliged to start the construction of facility within one year following the Effectiveness Date of this Agreement.
Construction of Facility. The Company shall cause the construction of the Facility at its sole cost and expense in accordance with all permits and plans approved by the applicable governmental authorities. Subject to Force Majeure and timely receipt of all permits required therefor (so long as the Company diligently pursues such permits), the Company shall cause the construction of the Facility to commence on or before May 31, 2022. The Company shall be solely responsible for the amount of any costs, fees and expenses incurred by its contractors and the Company in connection with the construction and equipping of the Facility. The IDB shall use good faith efforts to cause the County, Alcoa, Maryville, and each of their utilities and associated agencies, as applicable, to provide all permits for the construction and equipping of the Facility on an expedited basis. The parties acknowledge that the City of Maryville and the City of Alcoa have provided letters dated September 24, 2021 (attached hereto as part of Exhibit H) regarding the permitting process.
