Common use of Utility Availability Clause in Contracts

Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Project Budget, shall have been or will be made under the Construction Management Agreement or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Operative Documents and the Plans and Specifications.

Appears in 1 contract

Sources: Funding Agents' Disbursement and Administration Agreement (Grand Canal Shops Mall Construction LLC)

Utility Availability. The Construction Consultant shall have become reasonably satisfied, as certified to in the Construction Consultant's ’s report delivered on the Closing CertificateDate, that arrangements, which are reflected accurately in the Project Budget, arrangements shall have been or will be made under the Construction Management Agreement or otherwise on commercially reasonable terms as and when necessary for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Operative Loan Documents, the Project Documents and the Plans and Specifications.

Appears in 1 contract

Sources: Building Term Loan Agreement (Empire Resorts Inc)

Utility Availability. The Construction Consultant shall have become be satisfied, as certified to in the Construction Consultant's Closing ’s Advance Certificate, that arrangements, which are reflected accurately in the Project Construction Component of the Budget, shall have been or will be made under the Construction Management Agreement ▇▇▇▇▇▇▇ Skanska Contract or Contracts or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Operative Construction Documents, the Project Documents and the Plans and Specifications.

Appears in 1 contract

Sources: Senior Secured Debtor in Possession Credit Agreement (New Greektown Holdco LLC)

Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Main Project Budget, shall have been or will be made under the Construction Management Agreement Design/Build Contract or otherwise on commercially reasonable terms for the provision of all services, materials and utilities necessary for the construction, operation and maintenance of the Main Project as contemplated by the Operative Documents and the Plans and Specifications.

Appears in 1 contract

Sources: Disbursement Agreement (Aladdin Capital Corp)