The Plant. If Client, or Owner as the case may be, elects to build the Plant, then it shall employ best efforts to enter into a contract with DELTA-T whereby DELTA-T will provide, as a minimum, all services defined in Article 6 below. Additional services, up to and including DELTA-T providing the Plant on a turn-key fixed-price basis, may be included at the mutual consent of the Parties. During the term of this Agreement Client shall not, and shall not permit Owner or any other party associated with the Project, to enter into, negotiate toward, or take any other action in furtherance of entering into any agreement for provision of the technology, services or equipment to be provided by DELTA-T under the Technology Agreement to be entered into under Article 6 below, or in furtherance of entering into any turnkey engineering, procurement and construction agreement for the entire Plant (“EPC Agreement”) except as permitted under Sections 6 and 7 below.
The Plant. Pursuant to this Agreement, the Related Energy Sales Agreement and the Equipment Agreement, Seller is to construct (subject to the Contingencies) (i) a metallurgical coke making plant consisting of one hundred (100) heat recovery ovens organized in three oven batteries, (ii) an associated cogeneration plant (the “Cogeneration Plant”) that converts steam produced at such coke plant into electrical energy, and (iii) related facilities and equipment (collectively, the “Plant”), all to be located on certain real property to be acquired by Seller that is contiguous with Purchaser’s Middletown Plant (the “Property”). The Plant is to be owned and operated by Seller based upon heat recovery technology that is proprietary to Seller and its Affiliates.
The Plant. 3.1 LICENSEE represents that it presently intends to build and place in commercial operation in, or within the proximity of, Coffeyville, Kansas, a plant for the practice of the THGP (which, by design, includes the practice of the TGP) within a reasonable time, but not later than December 31, 2002 (the “Plant”). The Gasifier Feed to such Plant is expected to be a solid carbonaceous substance derived from petroleum, including a carbonaceous solid (i.e., coal or petroleum coke), along with refinery or chemical plant byproducts and water. It is expected that the Plant shall have a configuration using direct quench in the Gasification section and shall have a designed capacity of about Eighty-six Thousand (86,000) MSCF of Output per operating day from the Gasification section. It is understood and agreed that LICENSEE shall be permitted to use other carbonaceous substances as Gasifier Feed in the Plant in addition to, or in lieu of, coal or petroleum coke; provided, however: (i) LICENSEE shall first advise TEXACO DEVELOPMENT in writing that it is contemplating the use of such other feedstock; and (ii) TEXACO DEVELOPMENT will perform, or arrange to perform, the necessary study to assess the feasibility of processing such other carbonaceous substance in the Plant, and shall provide the engineering services, pursuant to the terms set forth in Paragraph 14.2 hereof.
The Plant. 5.1. The Company is the sole and exclusive legal and beneficial owner, (juridisch en economisch eigenaar) of all right, title and interest in all of the Plant and the Plant is not subject to any Encumbrance or any other right of any third party, except for the security rights granted by the Company to Rabobank under the Facility Agreement.
The Plant. From the Closing, WEPCo shall maintain insurance on the Plant in accordance with its corporate insurance policies for property damage and other applicable coverages, as more fully described in Schedule 9.1(a)(ii).
The Plant. The Acid Water Treatment Plant for the Kingsmill Tunnel including the disposal of sludge, which shall be built, equipped and brought into operation as provided for in the MASTER AGREEMENT, the OPTION AGREEMENT, as well as this AGREEMENT. Once the PLANT is brought into operation, MlNERA PERÚ COPPER shall transfer it to CENTROMIN or to the entity as provided for by the MINISTRY.
The Plant. Subject to the issue of the official land use right certificate and property certificate from the relevant PRC authorities, the Plant and the land use rights thereto are the absolute property of Zhangzhou Company free from any liens, charges, encumbrances, claims, equities or pre-emptive or third party rights of whatsoever nature and together with all rights and entitlements attaching thereto.
The Plant. Shell shall cause the Plant to be operated and maintained, and shall perform all of its obligations under this Agreement, in accordance with Prudent Generator Practices.
The Plant. If Client, or Owner as the case may be, elects to build the Plant, then the Parties shall employ best efforts to negotiate and enter into an EPC Agreement or an EPT Agreement as defined in Article 6 below. During the term of this Agreement Client shall not, and shall not permit Owner or any other party associated with the Project, to enter into, any agreement for provision of the technology, services or equipment to be provided by Delta-T under the Technology Agreement to be entered into under Article 6 below, or any turnkey engineering, procurement and construction agreement for the entire Plant (“EPC Agreement”), without first complying with Sections 6 and 7 below.
The Plant. 26 5 The Third Party Items................................................... 27 6 The German Contracts.................................................... 28 7
