Nature of the Concessionaire Sample Clauses

Nature of the Concessionaire. Concessionaire shall be LB SMI, LLC. However, the County acknowledges that the Concessionaire may intend to form a new entity controlled by Concessionaire that will be the Concessionaire entity that will be the party to the DDA which shall be permitted by the County in accordance with the conditions set forth in this Section 3.1. The County shall have the right to review and approve the organizational documents of such entity and the entities comprising such entity. The Concessionaire hereunder and under the DDA shall be an entity authorized to conduct business in the State of California by the California Secretary of State. Prior to submission of an executed DDA, Concessionaire shall submit a copy of any executed formation documents (e.g., limited liability company operating agreement, partnership agreement, etc.), as well as all organizational documents of each entity participating in the joint venture, for review and approval by the County, which approval shall not be unreasonably withheld. Such agreement may be redacted to remove financial terms or other confidential information contained therein, provided that such redactions do not limit the County's ability (as determined by the County, in its sole discretion) to complete a comprehensive evaluation of the organizational structure of Concessionaire and all entities participating in the joint venture.
Sample 1
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Nature of the Concessionaire. Concessionaire shall be Sun Lake Berryessa LLC, a Michigan limited liability company. However, the County acknowledges that the Concessionaire or SCOLP may intend to form a new entity controlled by Concessionaire that will be the Concessionaire entity that will be the party to the DDA. The County shall have the right to review and approve the organizational documents of such entity and the entities comprising such entity. The Concessionaire hereunder and under the DDA shall be an entity authorized to conduct business in the State of California by the California Secretary of State. Prior to submission of an executed DDA, Concessionaire shall submit a copy of any executed formation documents (e.g., limited liability company operating agreement, partnership agreement, etc.), as well as all organizational documents of each entity participating in the joint venture, for review and approval by the County, which approval shall not be unreasonably withheld. Such agreement may be redacted to remove financial terms or other confidential information contained therein, provided that such redactions do not limit the County's ability (as determined by the County, in its sole discretion) to complete a comprehensive evaluation of the organizational structure of Concessionaire and all entities participating in the joint venture.
Sample 1

Related to Nature of the Concessionaire

  • Sole purpose of the Concessionaire The Concessionaire having been set up for the sole purpose of exercising the rights and observing and performing its obligations and liabilities under this Agreement, the Concessionaire or any of its subsidiaries shall not, except with the previous written consent of the Authority, be or become directly or indirectly engaged, concerned or interested in any business other than as envisaged herein.

  • Obligations of the Concessionaire 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.

  • The Concession 3.1.1 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to construct, operate and maintain the Project (the “Concession”) during the Construction Period and for a period of 10 (ten) years commencing from COD, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.

  • SCOPE OF THE CONTRACT 4.1 The Contractor shall perform the Services set out [in Schedule 1] [below2] in accordance with the Contract.

  • Damages for delay by the Concessionaire In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

  • Contractors All LAUSD Contractors and their Representatives are expected to conduct any and all business affiliated with LAUSD in an ethical and responsible manner that fosters integrity and public confidence. A “Contractor” is any individual, organization, corporation, sole proprietorship, partnership, nonprofit, joint venture, association, or any combination thereof that is pursuing or conducting business with and/or on behalf of LAUSD, including, without limitation, consultants, suppliers, manufacturers, and any other vendors, bidders or proposers. A Contractor’s “Representative” is also broadly defined to include any subcontractors, employees, agents, or anyone else who acts on a Contractor’s behalf.

  • Concessionaire’s waiver The Concessionaire hereby further releases, assigns and waives any and all rights of subrogation or recovery against, inter alia, the Authority and its assigns, undertakings and their subsidiaries, affiliates, employees, successors, insurers and underwriters, which the Concessionaire may otherwise have or acquire in or from or in any way connected with any loss, liability or obligation covered by policies of insurance maintained or required to be maintained by the Concessionaire pursuant to this Agreement (other than third party liability insurance policies) or because of deductible clauses in or inadequacy of limits of any such policies of insurance.

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Modification of the Small Generating Facility The Interconnection Customer must receive written authorization from the NYISO and Connecting Transmission Owner before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the prior written authorization of the NYISO and Connecting Transmission Owner, the Connecting Transmission Owner shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

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