Future Construction Clause Samples
The "Future Construction" clause defines how the parties will handle any construction or development that may occur after the initial agreement is executed. Typically, this clause outlines the procedures for approving, planning, and implementing additional construction, such as expansions or modifications to existing structures. It may specify requirements for notice, consent, or compliance with certain standards. The core function of this clause is to provide a clear framework for managing future building activities, thereby reducing uncertainty and potential disputes about how such projects should proceed.
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Future Construction. Tenant acknowledges that, as more particularly provided below, the development of the Project is continuing and may, at Landlord’s election, include the construction of additional buildings and improvements within the Project, including in areas which currently constitute Common Areas. Tenant is entering into this Lease with a full understanding of the possible ramifications/effects of such future development work on its tenancy and the rental charged hereunder takes such factors into account. Tenant further acknowledges and agrees that Landlord may, from time to time, at its sole election, construct (including, without limitation, additional buildings), reconstruct (including without limitation the replacement of certain improvements with other improvements), improve (including tenant improvements), modify, expand, or otherwise alter the Project (collectively, “Construction Work”), or portions thereof (in no event however will Landlord have any obligation to do so). Tenant acknowledges that any such Construction Work will necessarily involve, among other things, the generation of noise, dust, and vibrations, barricading portions of the Project and the placement of scaffolding within the Project, demolition, structural alterations, storage of materials and equipment within the Project, and the presence of workmen within the Project, all of which may require the rearrangement of the Common Areas, including, without limitation, landscaping, parking areas (which may include the provision of temporary parking areas during periods of construction), roadways, lighting facilities, and the re-direction of vehicular and pedestrian traffic. Further, Landlord hereby reserves such licenses and easements in, on, above or below the Premises as may be reasonably required (i) for the installation, inspection, surveying, maintenance, or construction of mains, conduits, shafts, columns, footings, piers, pipes or other facilities to serve any building within the Project, or (ii) for any Construction Work; provided, however, Landlord will use its good faith efforts to minimize any unreasonable interference with Tenant’s use, occupancy, or enjoyment of the Premises as contemplated by this Lease. Except as provided below, Tenant waives any and all claims, defenses, rights of offset, or deductions based upon any inconvenience suffered by Tenant or any interruption of or interference with Tenant’s business including, without limitation, any loss of business, damage to property, l...
Future Construction. 19 4.20 Litigation ................................................. 19 4.21 Seller's Employees ......................................... 19 4.22
Future Construction. In the event that there is Additional Construction at the Stadium after completion of the Expansion Project, the Oversight Committee, described in Section 4.1 below, may recommend a new community outreach plan and a new construction mitigation plan with respect to the Additional Construction and may recommend changes in this Stadium GNA and the CTMP. Changes to this Stadium GNA and the CTMP require City Council Action and must follow the notification process specified in Section 7. If the Oversight Committee recommends a new community outreach plan and a new construction mitigation plan, ▇▇▇▇▇▇▇▇▇ will prepare such plans and submit them to the Oversight Committee and the City’s Chief Administrative Officer or delegate for approval pursuant to Section 2.2 so that the approved plans are in place prior to commencing Additional Construction.
Future Construction. Shipper may request in writing that Gatherer construct additional laterals and pipeline extensions (“Future Construction”) to connect future CDPs within the Acreage to the Gathering Systems. Gatherer shall work diligently to complete the Future Construction as promptly as commercially reasonable. Additionally, upon securing the required rights-of-way and governmental or regulatory permits, Gatherer shall use commercially reasonable efforts to insure any Future Construction is completed within a timeframe allotting [***] ([***]) weeks for each mile of pipeline to be constructed; provided, that any pipeline of [***]. In the event that Gatherer does not complete the Future Construction within the time periods described above, and, as a result of such failure, any of Shipper’s CDPs is “waiting on pipeline”, then Gatherer shall credit Shipper’s Service Fee by [***]% for such CDP for an equivalent time period for which the affected CDP was waiting on pipeline. For purposes of this Section 3.3(a), “waiting on pipeline” means that the affected CDP is not operational and able to accept the Dedicated Gas [***] ([***]) Days following the first Day that both (x) Shipper’s construction responsibilities related to such CDP and upstream well are complete and (y) Shipper fractures the well connected upstream of such CDP.
Future Construction. The Company agrees, that at time of Closing, it has constructed the System throughout 95% of the Franchise Area and is capable of providing Services throughout the Franchise Area except for that area of the District know as the “fire zone”. The “fire zone” shall constitute that specific area of the Franchise set forth in Appendix H. The Company further agrees that it will construct the System throughout 100% of the Franchise Area with the exception of the Fire Zone within five (5) years and shall complete construction of 50% of the unserved homes outside the fire zone within three (3) years, provided OCTT may extend either time period if it is determined after a public hearing that it is not financially feasible for Starpower to complete the required construction within the time period. Every three (3) months the Company shall submit to the OCTT quarterly written reports detailing the Company’s construction progress. Such reports shall explain what work has been done and how such work satisfied the requirements of this Agreement. The first such report shall be submitted within ninety (90) days after the Effective Date of this Agreement. The last such report shall be due with the certification to the District that such construction has been completed. Such reports shall explain what work has been done and shall include as–build maps in both paper and electronic forms. The Company further agrees that, upon request of the District, it will discuss with the District its financial situation and the feasibility of performing construction in the “fire zone”.
Future Construction. Tenant acknowledges that, as more particularly provided below, the development of the Project is continuing and may, at Landlord’s election, include the construction of additional buildings and improvements within the Project, including in areas which currently constitute Common Areas. Tenant is entering into this Lease with a full understanding of the possible ramifications/effects of such future development work on its tenancy and the rental charged hereunder takes such factors into account. Tenant further acknowledges and agrees that Landlord may, from time to time, at its sole election, construct (including, without limitation, additional buildings), reconstruct (including without limitation the replacement of certain improvements with other improvements), improve (including tenant improvements), modify, expand, or otherwise alter the Project or portions thereof, including a remodel, renovation, or refurbishment of the Premises (collectively, “Construction Work”) (in no event however will Landlord have any obligation to do so). Tenant acknowledges that any such Construction Work 29 American Assets Trust – Lease Form 1/31/2023
(a) Tenant shall have the right to bring an action against Landlord (as ▇▇▇▇▇▇’s sole remedy) in the event Tenant suffers any damages as a result of Landlord’s negligence or intentional misconduct in pursuing such Construction Work, and (b) if such Construction Work results in Tenant being unable to access the Premises, or portions thereof, for the Permitted Use for a period of greater than 5 business days, Tenant shall be entitled (as ▇▇▇▇▇▇’s sole remedy with respect to such lack of access) to equitable abatement of the Rent for such period of time during which it is unable to access the Premises. The foregoing rights will constitute Tenant’s sole and absolute rights against Landlord or otherwise in connection with any such Construction Work and Tenant releases and waives any other claims, defenses, or rights in connection therewith. Tenant further acknowledges that expansion of the Project may affect the amount of the Operating Expenses and the portion thereof payable by Tenant.
Future Construction. Tenant acknowledges that Landlord intends to develop and redevelop other premises and buildings at the Park and to complete certain renovations in the Building. Landlord agrees, in connection with any such work, to utilize all commercially reasonable efforts to mitigate the impacts of earthwork, and other construction activities on Tenant’s business operations consistent with standards for a first-class biotechnology office/research and development park; provided that Landlord shall not be required to perform after-hours work for construction. Tenant agrees not to take any action to oppose any application by Landlord for any permits, consents or approvals from any governmental authorities for any redevelopment or additional development of all or any part of the Park provided the same complies with the terms of this Lease and does not diminish Tenant’s rights hereunder, and will use all commercially reasonable efforts to prevent any of Tenant’s contractors, subtenants, licensees, invitees, agents, servants or employees or others for whom Tenant is legally responsible (collectively, “Tenant Responsible Parties”) from doing so. For purposes hereof, action to oppose any such application shall include, without limitation, communications with any governmental authorities requesting that any such application be limited or altered. Also for purposes hereof, commercially reasonable efforts shall include, without limitation, commercially reasonable efforts, upon receiving notice of any such action to oppose any application on the part of any Tenant Responsible Parties, to obtain injunctive relief, and, in the case of a subtenant, exercising remedies against the subtenant under its sublease.
Future Construction. Except as described on Exhibit 4.19, Seller has entered into no agreements, including oral agreements or understandings regarding the development of future or pending construction of facilities in connection with the Hospital.
Future Construction. City B shall be responsible for its proportionate share of those future capital expenditures attributable to upgrading the existing WWTP. City B shall not share in capital costs associated with expanding the capacity of the WWTP unless City B has made prior arrangements with City A to purchase additional capacity in the WWTP except that in any case City B shall pay all the costs associated with bringing the pumping capacity of the City B force main up to the design level.
Future Construction. That with the written consent of both parties to this lease, the Landlord may construct an addition to the premises contemplated by this lease for rental by the Tenant on the same terms as this lease with rent proportionately higher based pro rata with the rent due under this lease and determined by the additional number of beds added as a result of the addition.