Exclusive Development Rights. The Parties agree that during the Development Term, Developer shall have the exclusive right to develop and construct the Development Projects, including any portion thereof, on the Xxxxxxxx Rail Property. Current Operator shall not, and shall not permit any other Person during the Development Term, to develop, construct or install any facilities or other improvements on the Xxxxxxxx Rail Property that would expand the operational capacity of the Xxxxxxxx Rail Terminal Facility without the prior written approval of Developer, which approval maybe given or withheld in the sole and absolute discretion of Developer.
Exclusive Development Rights. The Parties agree that during the Development Term, Developer shall have the exclusive right to develop and construct the Development Projects, including any portion thereof, on the Hardisty Rail Property. Current Operator shall not, and shall not permit any other Person during the Development Term, to develop, construct or install any facilities or other improvements on the Hardisty Rail Property that would expand the operational capacity of the Hardisty Rail Terminal Facility without the prior written approval of Developer, which approval maybe given or withheld in the sole and absolute discretion of Developer.
Exclusive Development Rights. During the term of this Agreement, the City and the EDA each agree that it will not negotiate or contract with any other party concerning the sale or development of the Property. The Developer shall not assign or transfer its rights under this Agreement in full or in part, or enter into any subcontracts to perform any of its obligations hereunder, without the prior written consent of the City and the EDA.
Exclusive Development Rights. 3.1 The Parties agree that during the Initial Term and any Renewal Term (collectively, the “Development Term”), USDCF shall have the exclusive right to develop, own and operate any additional improvements or businesses at the West Colton Terminal or any portion of the property thereof other than any improvements or businesses existing as of the Effective Date and the provision of the Terminalling Services (collectively, “Development Projects”), provided that no Development Project may materially interfere with the provision by WCRT of any then-existing Terminalling Services and that such Development Project shall not violate the terms and conditions of the Lease. WCRT shall not, and shall not permit any other person or entity during the Development Term, to develop, construct or install any facilities or other improvements at the West Colton Terminal or any portion of the property thereof (other than the development, construction or installation of any facilities or other improvements related to the Terminalling Services by WCRT) without the prior written approval of USDCF, which approval maybe given or withheld in the sole and absolute discretion of USDCF, and if applicable, the prior written approval of the Lessor.
Exclusive Development Rights. The Exclusive Development Rights which CTNE is entitled to are unconditional and irrevocable. CTNE legally owns adequate rights to use the Exclusive Development Rights as described in the DD Documents. There is no claim, action or proceeding being made or brought, or to the knowledge of CMNE, being threatened, against CMNE or CTNE regarding the Exclusive Development Rights. Neither CMNE nor CTNE is aware of any facts or circumstances which might give rise to any of the foregoing infringements or claims, actions or proceedings.
Exclusive Development Rights. Subject to the terms and conditions set forth below, GuestHouse hereby grants to Western the exclusive right to construct, establish, develop, own. operate and maintain GuestHouse affiliated properties in the states of Washington, Oregon, Montana, Idaho and Alaska (the "Designated Area") for a twenty year period ending December 31, 2018. So long as this Agreement is in effect, no other person shall be allowed to enter into a franchise agreement with GuestHouse 'in the Designated Area without the prior written consent of Western.
Exclusive Development Rights a. Consulting Rights in Favor of Kean. Lakes Entertainment, Inc. ("Lakes Entertainment") agrees xxxt so long as any loans and similar obligations of Debtor to Lakes Entertainment or any of its Affiliates remain owing and unpaid, Lakes shall grant Debtor the right to be a consultant to Lakes Entertainment with respect to each gaming project opportunity pursued by Lakes Entertainment or any of it s Affiliates in the State of Oklahoma (each an "Oklahoma Gaming Opportunity. Lakes shall promptly notify Debtor in writing of all Oklahoma Gaming Opportunities. From the date of receiving such notice, Debtor shall have thirty (30) days to consider the Oklahoma Gaming Opportunity and notify Lakes Entertainment whether he intends to accept such consulting engagement. In the event that Debtor declines such opportunity or fails to respond within such thirty (30) day period, Lakes Entertainment shall have the right to pursue such opportunity individually or with any other party. If Debtor shall accept such consulting engagement, then Debtor and Lakes Entertainment shall enter into a consulting agreement with respect to such Oklahoma Gaming Opportunity on substantially the same terms and conditions as set forth in the Kickapoo Consulting Agreement. Lakes Entertainment shall have the right to assign its rights and obligations under this Section 5 to one or more of its subsidiaries.
Exclusive Development Rights. Developer shall have until January 1, 2023 to negotiate a Redevelopment Funding Agreement and Use Agreement with the City for the Property to build and operate the Minimum Improvements consistent with the Coordinated Plan requirements. Time is of the essence. If Developer is not making progress consistent with the following milestones, the State bond funding described below will be at risk. Developer’s continued exclusive development rights are contingent upon Developer complying with the following due diligence milestones: On or before December 31, 2021:
Exclusive Development Rights. 3.1 The Parties agree that during the Initial Term and any Renewal Term (collectively, the “Development Term”), USDM shall have the exclusive right to develop, own and operate any additional improvements or businesses at the Xxxxxx Terminal or any portion of the property thereof other than any improvements existing as of the Effective Date and the provision of the Terminalling Services (collectively, “Development Projects”), provided that no Development Project may materially interfere with the provision by SCT of any Terminalling Services. SCT shall not, and shall not permit any other person or entity during the Development Term, to develop, construct or install any facilities or other improvements at the Xxxxxx Terminal or any portion of the property thereof (other than the development, construction or installation of any facilities or other improvements related to the Terminalling Services by SCT) without the prior written approval of USDM, which approval maybe given or withheld in the sole and absolute discretion of USDM.
