Operational Control Date Clause Samples

Operational Control Date. In accordance with the transactions contemplated by the Operative Agreements, the Company intends (i) to construct and operate a new sugar refining and selected facilities on the Footprint Parcels and on certain other portions of the Real Property as to which the Company holds easement rights pursuant to the Sugar Mill Tract A Servitude Agreement hereinafter described or pursuant to any other servitudes or agreements executed in connection with the transactions contemplated by the Operative Agreements (such facilities, whether constructed on the Footprint Parcels or elsewhere on the Real Property, are referred to herein collectively as the “LSR Facility”), and (ii) from and after the Operational Control Date, to operate the Colonial Facility so as to coordinate refining operations between the LSR Facility and the Colonial Facility, as the LSR Facility first begins operation. For purposes of this Agreement, the “Operational Control Date” shall be January 1, 2011.