Development of Facility Sample Clauses

Development of Facility. The Operator shall develop the Facility at the sole cost of the Operator in accordance with the Design Guidelines and the Project Documents on the terms and conditions set forth in this Agreement and in accordance with the following:
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Development of Facility. Seller shall use commercially reasonable and diligent efforts to site, permit, develop, finance, and construct the Facility.
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Development of Facility. If the Facility has not achieved Commercial Operation by the Effective Date, subject to the terms and conditions of this Agreement, Seller represents, warrants and guarantees: Except as expressly permitted otherwise by this Agreement, the Facility shall be developed and achieve Commercial Operation in accordance with this Agreement. The Facility shall be designed in compliance with all applicable Permits, each applicable Requirement of Law and Prudent Utility Practice, and for qualification as an Alternative Energy System. The Facility will be capable of generating Energy to create AECs in a safe and reliable manner, consistent with the requirements of each applicable Requirement of Law, the Interconnection Agreement (if applicable), and Prudent Utility Practice. All Permits necessary for the construction and operation of the Facility, including land use permits, environmental review and authorizations, grading and building permits, and licenses necessary to operate the Facility shall be obtained and maintained, and Seller will provide COMPANY with evidence of all essential Permits (including copies of any Permit upon COMPANY’s request). All construction and testing of the Facility shall be in compliance with all applicable Permits, each applicable Requirement of Law, the Interconnection Agreement (if applicable) and Prudent Utility Practice. Seller shall give prompt written notice to COMPANY of any material modifications to the Facility after the Effective Date and a brief description of the reasons for the modifications and confirmation that such modifications shall not affect the general location of the Facility or the Contract Amount, except that Seller may modify or revise the Contract Amount and Contract-Related Capacity in accordance with Section 4.5.
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Development of Facility. Subject to the terms and conditions of this Agreement, Seller covenants as follows:
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Development of Facility. Subject to the terms and conditions of this Agreement, Seller represents, warrants and guarantees:
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Development of Facility. 4 Section 5.01. - Tenant's Obligation to Construct. Install and Operate the Facility.. 4 Section 5.02. - Completion of Construction.......................................... 5 Section 5.03. - Covenants and Requirements of Construction.......................... 5 Section 5.04. - Completion of Facility.............................................. 7 Section 5.05. - Assignments to Landlord............................................. 8 Section 5.06. - Fuel Transmission Line Easement..................................... 9 ARTICLE 6
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Development of Facility. Buyer acknowledges and agrees that it is acquiring the Property for the sole purpose of constructing a Xx Xxxxxxx’x Elite Sports Air-Supported Dome (the “Facility”) of approximately 105,000 square feet with a steel-framed entryway. The Facility shall include without limitation some combination of the following amenities: food concessions, changing rooms, restrooms, offices, rehabilitation/physical therapy facilities, special events space, storage and mechanical space, athletic training space including turf fields, batting cages, exercise equipment, and running track. The facility will include a steel structure and an air supported dome. Within eighteen months of the Closing Date, Buyer agrees to provide Seller with documentation evidencing loan approval/financing from a bona fide individual or institution. Within twenty-four (24) months of the Closing Date, Buyer agrees to have submitted and approved Plans and Specifications for the facility through the Avon Planning Commission. Within thirty (30) months of the Closing Date, Buyer agrees to break ground on the construction of the Facility. (Ground breaking shall mean that Buyer or its contractor has obtained an excavation permit from the City of Avon and commenced excavation on the site according to the plans and specifications approved by the City of Avon). Buyer agrees to fund and complete development of a Xx Xxxxxxx’x Elite Sports Center and Sports Leadership Center of America at the Facility within Three Hundred (300) days from the date of commencement of excavation activities. Seller agrees to grant a reasonable extension of said dates in the event that circumstances beyond the control of the Buyer prevent groundbreaking or completion of the Facility within the time periods allotted. In the event the Buyer abandons or fails to meet any of the benchmark time limits set forth above, or complete the Facility within the time periods provided or any extensions thereof, the ownership of the property shall revert to the seller and seller shall follow the provisions of 5.02(b) concerning reconveyance of the property.
Sample 1
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Related to Development of Facility

  • Development of the Project 4.1 TSP's obligations in development of the Project: Subject to the terms and conditions of this Agreement, the TSP at its own cost and expense shall observe, comply with, perform, undertake and be responsible:

  • Development Phase contractual phase initiated with the approval of ANP for the Development Plan and which is extended during the Production Phase while investments in xxxxx, equipment, and facilities for the Production of Oil and Gas according to the Best Practices of the Oil Industry are required.

  • Information Systems Acquisition Development and Maintenance Security of System Files. To protect City Information Processing Systems and system files containing information, Service Provider will ensure that access to source code is restricted to authorized users whose specific job function necessitates such access.

  • Design Development Documents See Section 2, Part 1, Article 2.1.5.

  • Design Development Phase INDICATE IN STATEMENT OF WORK “NOT APPLICABLE” IF SECTION IS NOT APPLICABLE

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Project Implementation 2. The Borrower shall:

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.

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