Facility Construction Clause Samples

Facility Construction. IRRX acknowledges and agrees that the design, engineering, construction, operation, and repair of the Facility, including any required enhancements or additions thereto, to enable IRRX’s performance under this Agreement shall be at IRRX’s sole risk and cost. IRRX shall provide STUSCO with written notice of the anticipated date of Facility In-Service (the “Intended In-Service Date” which is anticipated to be in December 2026) at least one hundred and fifty (150) days prior to Intended In-Service Date, provided that, if such Intended In-Service Date is delayed for any reason, including but not limited to Force Majeure, IRRX shall provide STUSCO with prompt written notice of the delay, and the new Intended In-Service Date, if applicable. Any costs, expenses, and other liabilities incurred by STUSCO as a result of a delay in the declared Intended In-Service Date, except to the extent such delay is solely and exclusively caused by STUSCO’s material breach of the Agreement, shall be accounted for in the Arbitrage Adjustment. Notwithstanding the foregoing, in no event shall IRRX’s revised Intended In-Service Date result in an extension or modification of the In-Service Deadline, unless otherwise agreed in writing by the Parties. As soon as reasonably practicable, IRRX shall provide STUSCO with written notice of the actual In-Service Date. The In-Service Deadline will be extended (i) at STUSCO’s unilateral option or (ii) by any delay directly and exclusively caused by ▇▇▇▇▇▇’s actions.

Facility Construction. Subject to receipt of the Advance Payment in full by OCI pursuant to Section 4.1, OCI shall exert its commercially reasonable efforts to complete the construction of the Facility. The Parties acknowledge and agree that the Facility has been constructed as of the date of this Second Amendment.

Facility Construction. In consideration of Nordion establishing the Facility, Molecular Insight Pharmaceuticals will pay to Nordion the fees as set out in Schedule C, provided that the respective milestone(s) for establishing the Facility as set forth on Schedule A attached hereto are materially met by Nordion. Unless otherwise set out (see Schedule C) amounts owing by Molecular Insight Pharmaceuticals during the Facility program shall be paid within thirty (30) days of receipt of Nordion’s invoice. Nordion shall establish the Facility in accordance with its obligations described and attributed in Schedule A, it being understood that some activities may be reasonably delayed to the extent that such activity is premised on the work or provision of data, information, equipment or technology by Molecular Insight Pharmaceuticals, and provided that such activities do not materially interfere or could be reasonably expected to interfere with other established Nordion production activities. Molecular Insight Pharmaceuticals acknowledges that there may be risks and/or unforeseen circumstances that are associated with the implementation of Facility Program that may impact Nordion’s overall achievement of the Milestone Schedule and may result in delays and/or increased Facility costs (from those originally estimated). In that the aggressive timeline for implementation of the project was prepared at the request of Molecular Insight Pharmaceuticals, it is acknowledged by Molecular Insight Pharmaceuticals that such timeline may not, in the ordinary course, be achievable. It is understood and acknowledged that due to the nature of the activities to be carried out during the establishment of the Facility, the time for completion and sequence for carrying out the activities as set out in Schedule A shall therefore serve only as a guide. Subject to the foregoing each party shall use their commercially reasonable efforts in order to carry out their respective obligations and responsibilities set out in Schedule A. The Process established under the Scale-up Agreement being transferred to the Facility and validated under this Agreement has a 15 Ci starting activity of Isotope. It is assumed this Process and related methods have been fully validated and utilized in the current interim facility established under the Interim Facility Agreement. Yields are as described in Schedule D. Molecular Insight Pharmaceuticals accepts that the success of work detailed in this Agreement is dependant upon the succ...

Facility Construction. By [ ]* (the Target Date), DSM will (i) carry out the modifications to the Facility and equip the Facility for the manufacture of Daptomycin and (ii) qualify the Facility in accordance with the qualification requirements set forth in Exhibit E.

Facility Construction. Subject to receipt of the Advance Payment in full by DCC pursuant to Section 4.1, DCC shall exert its commercially reasonable efforts to complete the construction of a factory housing a facility containing at least twenty (20) reactors that manufactures the Product that meets the Specifications to be located at Goonsan, Korea (the “Facility”) by a date agreed by the Parties.

Facility Construction. Construction of the Facility shall be complete to the Purchaser's satisfaction in accordance with the requirements of this Agreement and Seller shall have delivered to Purchaser written evidence that it has received all necessary city and state approvals related thereto, including, but not limited to, licensure approval with respect to the beds included therein, and lien waivers from all contractors and subcontractors providing goods or services in connection therewith and shall have delivered the Facility to Purchaser in accordance with the requirements of Exhibit H. Subject to the limitations set forth in the foregoing Paragraph 13, in the event any of the foregoing conditions is not satisfied by Seller or Purchaser, as appropriate, or waived by Purchaser prior to Closing, Purchaser shall have the right to terminate this Agreement in accordance with the provisions of Paragraph 17.

Facility Construction. The goal of this task is to construct the community-scale bioenergy facility using Kompogas technology. • Prepare and provide a Construction Management Plan for the facility that will outline the budget and schedule for the remaining items necessary to complete construction and installation activities. The Construction Management Plan will include, but is not limited to, the following: o A list of construction and installation milestones; o A list of preferred equipment vendors and a timeline for equipment procurement; ▇ ▇ ▇▇▇▇▇ chart and detailed project schedule;

Facility Construction. A. The WQD, with authorization from the Board of County Commissioners, shall manage contracts for the construction of the facility building. B. The City shall provide services including paving, road striping, road signs, electrical, water and sewer connection for the facility. Sewer connection fees for the facility shall be waived by the City.

Facility Construction. Complete initial consultation with the Honda Design --------------------- Center no later than January 1, 1999. The construction of the Honda Product facility will begin by August 31, 1999, and be completed and open for business to the general public on or before March 31, 2000. In addition, Dealer agrees that even though the facilities at the Dealership Premises may exceed American Honda's minimum standards now or in the future, the separate, freestanding and exclusive Honda facilities will remain separate, freestanding and exclusive for Honda Products and operations. American Honda has agreed to authorize Dealer as a Honda dealer specifically because Dealer is able to make such separate, freestanding and exclusive facilities available. Dealer further agrees that any breach of Dealer's obligations in this LOI, including any obligations in this paragraph, shall be a material and substantial breach of Dealer's Agreement (or any renewal or extension thereof) and a failure to comply with reasonable terms of the Agreement.