Facility Plan. In all material respects, the Facility was constructed prior to the Restatement Closing Date in compliance with, and in accordance with, the Facility Plan. There are no agreements, instruments, licenses or other rights necessary to own, operate, lease or use the Facility, other than the Applicable Permits, the documents and instruments comprising the Facility Plan, and the Operative Documents; and renovation, construction, ownership, operation, leasing or use of the Facility by the Company (and after the expiration or termination of the Lease, the renovation, construction, ownership, operation, leasing or use of the Facility by the Lessor or its successors or assigns) does not and will not infringe on, or otherwise violate, any patents, patent applications, trademarks (whether registered or not), trademark applications, trade names, proprietary computer software, or copyrights of any Person.
Facility Plan. The Company shall not under any circumstance undertake to operate or use the Facility except in accordance in all material respects with the Facility Plan and except for the Permitted Use.
Facility Plan. At Concessionaire's sole cost and expense, Concessionaire shall be responsible for the design, construction, completion, and installation of facility improvements, décor, equipment, fixtures, and furnishings as described in the Concessionaire’s “Facility Plan”, Exhibit D. Implementation of the plan will be as follows:
Facility Plan. The Company shall not amend or revise ------------- the Facility Plan in any manner which would materially and adversely affect the operation, design or capacity of the Facility without the prior written consent of the Majority Funding Parties, which will not be unreasonably withheld. The Company shall not under any circumstance undertake to operate or use or otherwise initiate the operations at or use of the Facility except in accordance in all material respects with the Facility Plan and except for the Permitted Use. The Company shall be fully and solely responsible for funding all costs in connection with the acquisition, development, renovation, construction and installation of the Facility in excess of the limits contained in Section 2.01, it being understood and agreed that neither the Lessor nor any Lease Participant shall under any circumstances whatsoever be obligated to fund any amount for any of the Facility Cost in excess of the limits contained in Section 2.01.
Facility Plan. The Facility Plan has been prepared in good faith on the basis of assumptions deemed reasonable by the Lessee and accurately reflects in all respects all material costs currently anticipated to be incurred in connection with achieving Completion. The Facility Plan sets forth the Lessee's good faith estimation of the schedule for achieving Completion. All material agreements and instruments comprising the Facility Plan are in full force and effect and the Lessee is not in default of its obligations thereunder in any respect that would reasonably be expected to have a Material Adverse Effect. To the best knowledge of the Lessee, there are no agreements, instruments, licenses or other rights necessary to own, operate, lease or use the Facility the failure to obtain which would reasonably be expected to result in a Material Adverse Effect, other than the Applicable Permits, the documents and instruments comprising the Facility Plan, and the Operative Documents; and renovation, construction, ownership, operation, leasing or use of the Facility by the Lessee (and after the expiration or termination of the Lease, the renovation, construction, ownership, operation, leasing or use of the Facility by the Lessor or its successors or assigns) does not and will not infringe on, or otherwise violate, any patents, patent applications, trademarks (whether registered or not), trademark applications, trade names, proprietary computer software, or copyrights of any Person in any manner that would reasonably be expected to have a Material Adverse Effect.
Facility Plan. 1. The Concessionaire will identify functions/operations that will be relocated/ consolidated, 12/12/11
Facility Plan. The Facility Plan has been prepared in good faith ------------- on the basis of assumptions deemed reasonable by the Company and accurately reflects in all respects all material costs currently anticipated to be incurred in connection with achieving Completion. The Facility Plan sets forth the Company's good faith estimation of the schedule for achieving Completion. All agreements and instruments comprising the Facility Plan are in full force and effect and the Company is not in default of its obligations thereunder. There are no agreements, instruments, licenses or other rights necessary to own, operate, lease or use the Facility, other than the Applicable Permits, the documents and instruments comprising the Facility Plan, and the Operative Documents; and renovation, construction, ownership, operation, leasing or use of the Facility by the Company (and after the expiration or termination of the Lease, the renovation, construction, ownership, operation, leasing or use of the Facility by the Lessor or its successors or assigns) does not and will not infringe on, or otherwise violate, any patents, patent applications, trademarks (whether registered or not), trademark applications, trade names, proprietary computer software, or copyrights of any Person.
Facility Plan. Upon Planning Grant funding, the Respondent must develop and submit a completed Facility Plan to the Department’s Boise Regional Office, prepared by a professional engineer licensed in the state of Idaho by December 31, 2021. The Facility Plan must meet the requirements of IDAPA 00.00.00.000 including, but not limited to:
Facility Plan. Subject to the proviso contained in Section 6.01(f), the Facility Plan has been prepared in good faith on the basis of assumptions deemed reasonable by the Company and accurately reflects in all respects all material costs currently anticipated to be incurred in connection with achieving Completion. Subject to the proviso contained in Section 6.01(f), the Facility Plan sets forth the Company's good faith estimation of the schedule for achieving Completion. Subject to the proviso contained in Section 6.01(f), all agreements and instruments comprising the Facility Plan are in full force and effect and the Company is not in default of its obligations thereunder. There are no agreements, instruments, licenses or other rights necessary to own, operate, lease or use the Facility, other than the Applicable Permits, the documents and instruments comprising the Facility Plan, and the Operative Documents; and renovation, construction, ownership, operation, leasing or use of the Facility by the Company (and after the expiration or termination of the Lease, the renovation, construction, ownership, operation, leasing or use of the Facility by the Lessor or its successors or assigns) does not and will not infringe on, or otherwise violate, any patents, patent applications, trademarks (whether registered or not), trademark applications, trade names, proprietary computer software, or copyrights of any Person.
Facility Plan. Subject to the proviso contained in Section 6.01(f), the Company shall not amend or revise the Facility Plan in any manner which would materially and adversely affect the operation, design or capacity of the Facility without the prior written consent of the Majority Funding Parties, which will not be unreasonably withheld. The Company shall not under any circumstance undertake to operate or use or otherwise initiate the operations at or use of the Facility except in accordance in all material respects with the Facility Plan and except for the Permitted Use. The Company shall be fully and solely responsible for funding all costs in connection with the acquisition, development, renovation, construction and installation of the Facility in excess of the limits contained in Section 2.01, it being understood and agreed that neither the Lessor nor any Lease Participant shall under any circumstances whatsoever be obligated to fund any amount for any of the Facility Cost in excess of the limits contained in Section 2.01.
