No Obligation to Develop. 2.3.1 Except as specifically provided herein:
No Obligation to Develop. It is understood that the University’s development of the Project depends upon a number of factors including, but not limited to, the availability of financing, state appropriations, receipt funds, general economic factors, and academic and programmatic needs. Nothing in this Agreement shall be construed as requiring the University to develop the subject property and any failure to develop the subject property shall not be deemed a default by the University of its obligations set forth in this Agreement.
No Obligation to Develop. Nothing contained in this Agreement shall impose any obligation, expressed or implied, upon the Grantor to explore or develop the Royalty Lands.
No Obligation to Develop. The Applicant has no obligation to develop the Project and this Agreement does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation date shall not trigger payment under this Agreement. It is understood that development of the Project by Applicant is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.
No Obligation to Develop. Nothing contained in this agreement shall impose any obligation, expressed or implied, on the Grantor to explore or develop the NPI Lands.
No Obligation to Develop. It is understood that development of the Project by Developer is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by Xxxxxxxxx to terminate, defer, suspend or modify plans to develop the Project will be deemed a default of Developer under this Agreement.
No Obligation to Develop. Notwithstanding anything else in this Agreement that may be construed to the contrary, Producer reserves the right to develop and operate its leases and xxxxx as it sees fit, in its sole discretion, and Producer shall have no obligation to Processor under this Agreement to develop or otherwise produce Gas or other hydrocarbons from any properties owned by it, including any properties now or hereafter located within the Dedicated Area or the lands pooled or unitized therewith.
No Obligation to Develop. Except as specifically set forth in this Agreement, there shall be no obligation for Developer to construct the Project.
No Obligation to Develop. Nothing herein shall in any way obligate MRS to undertake any particular amount or kind of exploration work on the Premises nor to undertake any development or mining activity therein, it being understood that the decision to conduct exploration, to open a mine, to abandon exploration, or to suspend or abandon development or mining operations shall be entirely within the discretion of MRS. Furthermore, if MRS shall determine to develop a mine or mines, all decisions as to the nature of operations, the nature of products to be produced and the terms, conditions and prices for which such products shall be sold shall be solely within the discretion of MRS.
No Obligation to Develop. The grant in Section 4.1 does not impose any responsibilities on Vaxcel, including any affirmative duty to promote, produce, sell, develop, or otherwise commercialize the Technology or improvements. In addition, nothing in this Agreement shall be deemed to prohibit Vaxcel from developing, making, using, marketing or otherwise distributing or promoting products competitive with the Technology, provided that Vaxcel does not disparage the Technology in doing so.
