New Facility. You may cancel the contract and receive a pro rata refund if the health club fails to provide the specific facilities advertised or offered in writing by the time indicated. Performance of the agreed upon services will begin within six months after the date of this Agreement.
New Facility. The Connecting Transmission Owner will conduct an engineering and field review of proposed changes to the Interconnection Customer’s Interconnection Facilities to verify compliance with relevant provisions of the Connecting Transmission Owner’s Electric System Bulletin 756. E. COST ESTIMATE OF CONNECTING TRANSMISSION OWNER INTERCONNECTION FACILITIES AND METERING EQUIPMENT Description Estimated Cost Existing Facility: Engineering Review and compliance verification of the GSU Transformer Station, including all required drawing and equipment spec reviews, relay settings, construction and testing assistance by engineers. $62,500 Existing Facility: Meter and test labor and materials for the metering installation in the Interconnection Customer’s facilities. $40,000 Existing Facility: Engineering, design, survey, materials, construction and testing of the Chautauqua 34.5 kV Line $3,200,000 Existing Facility: EMS-RTU equipment, assembly, test, and commissioning for the Interconnection Customer’s facilities (including telecom coordination of required phone circuit) $70,000 Existing Facility: Chautauqua Line Construction Supervision $50,000 Existing Facility: Project Management & Coordination $75,000 Existing Facility: Contingency $349,750 New Facility: Engineering/field review and compliance verification of proposed changes to the Interconnection Customer’s Interconnection Facilities. $15,000 TOTAL $3,862,250 F. O&M EXPENSES FOR INTERCONNECTION FACILITIES In accordance with Article 4.1 of this SGIA, the Interconnection Customer shall be responsible for all reasonable expenses (“O&M Expenses”) associated with the operation, maintenance, repair and replacement of the Connecting Transmission Owner’s Interconnection Facilities. The Interconnection Customer shall have the option to pay such O&M Expenses either under the procedure described in Option 1 or in Option 2 below. The Interconnection Customer opts to pay O&M Expenses in accordance with Option 2 below.
New Facility. (a) Xx. Xxxxxxxx or an Affiliate is the owner of a parcel of land located on Military Trail, West Palm Beach (the "West Palm Parcel") and is in the process of developing a new facility on such land for use by West Palm Toyota (the "New Facility"). The New Facility is to be developed pursuant to plans and specifications to be agreed upon by the parties, which plans and specifications shall include a breakdown of all hard and soft costs together with the maximum total cost (the "Plans"). The construction contractor shall be chosen from among no less than three (3) bidders (one of whom UAG may designate) and the lowest bidder that is qualified to Toyota standards (including an ability to post a performance bond) shall be selected. The parties acknowledge that the New Facility will not be completed on the Closing Date. Within nine (9) months after the Closing Date, Xx. Xxxxxxxx shall, at his sole cost and expense, complete the New Facility as set forth in the Plans. No change shall be made to the Plans without the prior written consent of UAG which shall not be unreasonably withheld. Upon completion of the New Facility and satisfaction of the New Facility Closing Conditions (as hereinafter defined) West Palm Toyota and Xx. Xxxxxxxx shall enter into a lease for the New Facility in a form mutually acceptable to the parties (the "New Facility Lease") (the date on which the New Facility Lease becomes effective is referred to herein as the "New Facility Lease Date"), such form to be agreed to by the parties within twenty (20) days after the date of this Agreement. The New Facility Lease shall be for a twenty (20) year term and the lessee shall have the option to renew the lease for two additional five year terms. The initial lease rate under the New Facility Lease shall be fixed at a dollar amount equal to 100% of all hard and soft costs provided for in the Plans and actually incurred by Xx. Xxxxxxxx for acquisition and construction of the facility multiplied by the Cap Rate. Xx. Xxxxxxxx represents and warrants that the acquisition cost of the property is no greater than fair market value. The initial lease rate shall be increased every third anniversary after the commencement of the lease as set forth in Section 1.2(c)(iv).
New Facility. Operator Agreement" - a contract on the same terms and conditions as this Agreement at the Termination Date, but with the following amendments:
New Facility. If the Company opens a new depot in the Greater Vancouver Area and Fraser Valley from Whistler to Chilliwack inclusive then Employees or Brokers displaced as a result of transfer of work to the new depot will be given the opportunity to fill vacancies in the new depot before the company hires or engages new Employees or Brokers. This shall be done in order of seniority amongst Employees or Brokers so displaced and by written request.
New Facility. The Purchaser will grant the right to the Seller and the University of Alabama to present a proposal to Purchaser for the use of, and for joint development for a new facility for the Business in close proximity to the University of Alabama campus at such time as such new facility is considered.
New Facility. The Company shall pay interest to NBD on the unpaid principal amount of the New Facility, from the date hereof until the New Facility is paid in full, on each Interest Payment Date and on the Termination Date, and thereafter on demand, at the Floating Rate.
New Facility. If the Company relocates its offices within the State of Michigan from the location set forth above in the Agreement provision, the employees covered by this Agreement will, subject to the other provisions of this Agreement, be transferred to the new location, and this Agreement will apply to such employees at the new location. If the Company establishes a new or additional facility within the State of Michigan and transfers to it a majority of work performed by employees covered by this Agreement, then the employees covered by this Agreement will, subject to the other provisions of this Agreement, be transferred to the new or additional facility and this Agreement will apply to those employees transferred to the new or additional facility. In the event positions in employees’ current job classifications are retained by the Company at the old facility, employees in such job classification may elect, based upon seniority, to continue working in such remaining position(s) at the old facility. Such election shall be subject to the number of positions, if any, retained by the Company at the old facility and the employee’s seniority. If the Company merges separate operations within the State of Michigan involving un-represented and represented employees performing work covered by this Agreement, the represented employees shall continue being covered by this Agreement. In addition, this Agreement shall apply to those employees when the majority of the employees in the merged unit are from operations covered by this Agreement. If the parties cannot agree to the application of this Agreement at the new or merged facility, or to the representative status of the Union at the new or merged facility, such disputes may be resolved by arbitration; however, the parties recognize that ultimate jurisdiction shall be under the National Labor Relations Act.
New Facility. During the New Facility Availability Period, upon the satisfaction of the conditions precedent set forth in Section 4.02, each New Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make New Loans in Dollars to the Borrower from time to time in amounts not to exceed in the aggregate at any one time outstanding its Pro Rata Share of the Aggregate New Commitment; provided that after giving effect to such New Loans, (a) the aggregate principal amount of all New Lenders' New Loans outstanding at such time, after giving effect to any borrowings and prepayments or repayments of any New Loans occurring on such date, shall not exceed the Aggregate New Commitment at such time and (b) with respect to any New Lender, the aggregate principal amount of such New Lender's New Loans outstanding at such time, after giving effect to any borrowings and prepayments or repayments of any New Loans occurring on such date, shall not exceed such New Lender's New Commitment at such time.
New Facility. The Borrower shall be actively engaged in obtaining a new credit facility for the purpose of terminating all Credit Party Obligations under the Credit Documents.
