Utility Easement Modifications Sample Clauses

Utility Easement Modifications. The Company shall diligently cause all utility or other easements that would interfere with the construction or maintenance of the improvements within the Project to be removed as expeditiously as possible. In any event, the Company shall remove such easements before they interfere in any material respect with the prosecution in accordance with the Project Schedule of the work involved with the Project, and in any event, prior to the Opening Date. In the event such easements are not removed prior to such time as is reasonably determined by the Construction Consultant and the Company fails to provide title insurance to the Project Secured Parties in a form reasonably satisfactory to them insuring over any loss the Project Secured Parties may suffer as a result of Company's failure to so remove such easements, then the Company (a) agrees that the Disbursement Agent shall have the right to authorize such advances as it deems appropriate in order to remove or insure over the utility easements as exceptions to the title insurance policies in favor of the Project Secured Parties, and (b) hereby grants to the Disbursement Agent an irrevocable power of attorney to take such further steps in the name of the Company as the Construction Consultant determines are appropriate in order to remove or insure over such easements.
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Utility Easement Modifications. The Company shall diligently cause all utility or other easements that would interfere in any material respect with the construction or maintenance of the improvements contemplated with respect to the Projects to be removed as expeditiously as possible. In any event, the Company shall remove such easements before they interfere in any material respect with the prosecution of the work involved with the Phase I Project or the Phase II Project in accordance with the Project Schedules, and in any event, prior to the Phase I Opening Date (for easements affecting the Phase I Project) and prior to the Phase II Opening Date (for easements affecting the Phase II Project).
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Utility Easement Modifications. The Borrower shall use commercially reasonable efforts to cause all utility or other easements that would interfere in any material respect with the construction or maintenance of the improvements within the Project to be removed or relocated in order to permit construction of the Project in accordance with the Project Schedule and the Final Plans and Specifications. 6.14
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Utility Easement Modifications. The Company shall immediately commence and diligently proceed to cause all utility or other easements that would materially interfere with the construction or maintenance of the Improvements within any Active Project to be removed as expeditiously as possible. In any event, the Company shall remove such easements before they interfere in any material respect with the prosecution of the work involved with any Active Project.
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Utility Easement Modifications. 50 6.15 Project Schedule Amendments 50 6.16 Lien Law 51 6.17 Trust Fund 51
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Utility Easement Modifications. The Borrower shall diligently cause all utility or other easements, if any, that would materially interfere with the construction or maintenance of the improvements within the Project to be removed as expeditiously as possible. Notwithstanding the foregoing, the Borrower shall remove such easements before they interfere in any material respect with the prosecution, in accordance with the Project Schedule, of the work involved with the Project, and in any event, prior to the Casino Opening Date.
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Utility Easement Modifications. The Borrower shall immediately commence and diligently proceed to cause all utility or other easements that would materially interfere with the construction or maintenance of the Improvements within any Active Phase to be removed as expeditiously as possible. In any event, the Borrower shall remove such easements before they interfere in any material respect with the prosecution of the work involved with any Active Phase.
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Utility Easement Modifications. LCR and the Phase II Mall Borrowers shall immediately commence and diligently proceed to cause all utility or other easements that would materially interfere with the construction or maintenance of the improvements within the Phase II Project to be removed as expeditiously as possible. In any event, LCR and the Phase II Mall Borrowers shall remove such easements before they interfere in any material respect with the prosecution in accordance with the Project Schedule of the work involved with the Phase II Project. In the event such easements are not removed prior to such time as reasonably determined by the Construction Consultant, and LCR fails to provide title insurance to the Bank Lenders or the Phase II Mall Borrowers fail to provide title insurance to the Phase II Mall Lenders, each in form reasonably satisfactory to them insuring over any loss such Lenders may suffer as a result of LCR or the Phase II Mall Borrowers’ failure to so remove such easements, then LCR and the Phase II Mall Borrowers, as applicable (a) agree that the Disbursement Agent shall have the right to authorize such advances as it deems appropriate in order to remove or insure over the utility easements as exceptions to the title insurance policies in favor of the applicable Lenders, and (b) hereby grants to the Disbursement Agent an irrevocable power of attorney to take such further steps in the name of each such Person as the Construction Consultant determines are appropriate in order to remove or insure over such easements.
Sample 1
Utility Easement Modifications. The Borrower shall diligently cause all utility or other easements that would interfere with the construction or maintenance of the improvements within the Miami Jai-Alai Facility to be removed as expeditiously as possible. In any event, the Borrower shall remove such easements before they interfere in any material respect with the prosecution in accordance with the Construction Timeline of the work involved with the Miami Jai-Alai Facility, and in any event, prior to the Opening Date. In the event such easements are not removed prior to such time as is reasonably determined by the Construction Consultant and the Borrower fails to provide title insurance to the Secured Parties in a form reasonably satisfactory to them insuring over any loss the Secured Parties may suffer as a result of Borrower’s failure to so remove such easements, then the Borrower (a) agrees that the Administrative Agent shall have the right to authorize such advances as it deems appropriate in order to remove or insure over the utility easements as exceptions to the title insurance policies in favor of the Secured Parties, and (b) hereby grants to the Administrative Agent an irrevocable power of attorney to take such further steps in the name of the Borrower as the Construction Consultant determines are appropriate in order to remove or insure over such easements. The Borrower shall obtain the prior written consent of the Administrative Agent before the Borrower grants any easement (including, but not limited to utility easements) in favor of any third party respecting either the Miami Jai-Alai Facility site.
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Related to Utility Easement Modifications

  • Software Modifications Company may request that BNYM, at Company’s expense, develop modifications to the software constituting a part of the Licensed System that BNYM generally makes available to customers for modification (“Software”) that are required to adapt the Software for Company’s unique business requirements. Such requests, containing the material features and functionalities of all such modifications in reasonable detail, will be submitted by Company in writing to BNYM in accordance with the applicable, commercially reasonable procedures maintained by BNYM at the time of the request. Company shall be solely responsible for preparing, reviewing and verifying the accuracy and completeness of the business specifications and requirements relied upon by BNYM to estimate, design and develop such modifications to the Software. BNYM shall have no obligation to develop modifications to the Licensed System requested by Company, but may in its discretion agree to develop requested modifications which it, in its sole discretion, reasonably determines it can accomplish with existing resources or with readily obtainable resources without disruption of normal business operations provided Company agrees at such time in writing to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification. BNYM shall be obligated to develop modifications under this Section 2.16 only upon the execution of and in accordance with a writing containing, to BNYM’s reasonable satisfaction, all necessary business and technical terms, specifications and requirements for the modification as determined by BNYM in its sole judgment (“Customization Order”) and Company’s agreement to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification (“Customization Fee Agreement”). All modifications developed and incorporated into the Licensed System pursuant to a Customization Order are referred to herein as “Company Modifications”. BNYM may make Company Modifications available to all users of the Licensed System, including BNYM, at any time after implementation of the particular Company Modification and any entitlement of Company to reimbursement on account of such action must be contained in the Customization Fee Agreement.

  • Complete Agreement; Modifications This Agreement and any documents referred to herein or executed contemporaneously herewith constitute the parties’ entire agreement with respect to the subject matter hereof and supersede all agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof. This Agreement may be amended, altered or modified only by a writing signed by the Company and the Holders of a majority of the Registrable Securities then outstanding.

  • Amendment; Modification This Agreement may not be amended or modified except in writing signed by an authorized representative of each Party. No DST Associate has authority to bind DST in any way to any oral covenant, promise, representation or warranty concerning this Agreement, the Services or otherwise.

  • Complete Agreement; Modification This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any previous oral or written communications, negotiations, representations, understandings, or agreements between them. Any modification of this Agreement shall be effective only if set forth in a written document signed by you and a duly authorized officer of the Company.

  • Account Modifications Neither the Financial Institution nor the Grantor will change the name or account number of any Collateral Account without the prior written consent of the Secured Party.

  • Waiver and Modifications Any Party may (a) waive, in whole or in part, any inaccuracy of, or consent to the modification of, any representation or warranty made to it hereunder or in any document to be delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other Parties (c) waive or consent to the modification of any of the covenants herein contained for its benefit or waive or consent to the modification of any of the obligations of the other Parties hereto or (d) waive the fulfillment of any condition to its own obligations contained herein. No waiver or consent to the modifications of any of the provisions of this Agreement will be effective or binding unless made in writing and signed by the Party or Parties purporting to give the same and, unless otherwise provided, will be limited to the specific breach or condition waived. The rights and remedies of the Parties hereunder are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. No single or partial exercise by a Party of any right or remedy precludes or otherwise affects any further exercise of such right or remedy or the exercise of any other right or remedy to which that Party may be entitled. No waiver or partial waiver of any nature, in any one or more instances, will be deemed or construed a continued waiver of any condition or breach of any other term, representation or warranty in this Agreement.

  • Waiver; Amendment; Modification The waiver by Company of a term or provision of this Agreement, or of a breach of any provision of this Agreement by me, shall not be effective unless such waiver is in writing signed by Company. No waiver by Company of, or consent by Company to, a breach by me, will constitute a waiver of, consent to or excuse of any other or subsequent breach by me. This Agreement may be amended or modified only with the written consent of both me and Company. No oral waiver, amendment or modification shall be effective under any circumstances whatsoever.

  • Amendments; Waivers; Modifications, etc This Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 11.01 of the Credit Agreement.

  • Complete Agreement; Modification of Agreement This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter hereof, supersedes all prior agreements and understandings relating to the subject matter hereof, and may not be modified, altered or amended except as set forth in Section 8.6.

  • Amendments, Modifications, etc This Agreement may not be amended or modified except by an agreement in writing executed by Exchangeco, Patch and the Trustee and approved by the Shareholders in accordance with section 11.2 of the Exchangeable Share Provisions.

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