Water Availability Sample Clauses

Water Availability. The Buyer shall have permission to enter the property for the purpose of drilling a well for water at Buyer’s expense provided that Buyer shall deposit as security in Seller’s attorney’s trust account an amount sufficient to cover the maximum expense of well drilling shown on a written estimate provided by Buyer’s well driller. If the water supply is unsatisfactory in the opinion of the Buyer, then the Buyer shall have the option of canceling this Contract by written notice to the Seller without further liability on the part of either party. Buyer shall make such determination within calendar days of acceptance. Buyer shall restore the ground to the same condition as found.

Water Availability. The Companies possess water rights that are expected to provide from verifiable surface and ground water sources sufficient water to conduct operations materially similar to prior years’ operations. Borrower and each applicable Subsidiary Guarantor has filed with all applicable Governmental Authorities, all notices and other documents required under federal, state and local laws and regulations in connection with the supply of water to and use of water upon the Mortgaged Real Property, except for such failures as do not and are not reasonably likely to have a Material Adverse Effect.

Water Availability. CITY and OWNER agree that the CITY’s has adequate water availability to serve: (1) existing residents and businesses that are already connected to CITY’s water system; (2) anticipated residents and businesses through build-out of the City’s existing General Plan; and (3) the Project. CITY and OWNER acknowledge and agree that reserving this capacity for the Project, such that water connections shall be available at such time as they are needed as the Project builds out, is a material element of the consideration provided by CITY to OWNER in exchange for the benefits provided to CITY under this Agreement. The Parties recognize the availability of sufficient water availability may be affected by environmental, regulatory or operational constraints that are not within the CITY’s discretion. To the extent the availability of water is within the CITY’s discretion (e.g., whether to extend water service to areas not currently within the CITY’s service area), CITY shall not approve providing such capacity to areas currently outside the CITY’s service area if this approval would prevent or delay the ability of the CITY to provide water connections to the Project as the Project requires water connections. This provision shall not affect the CITY’s ability to provide water service within its service boundaries or within the existing CITY boundaries as they exist on the effective date of this Agreement, and as to such connections, the Parties requesting water service shall be connected on a first come first served basis. OWNER shall pay the applicable connection charge in effect pursuant to City-wide ordinance at the time of building permit issuance. OWNER acknowledges that connection charges may increase substantially over time.

Water Availability. The Transfer Agreement makes Water available for use by Landowner only under certain circumstances. Landowner has received a copy of the Transfer Agreement, and is familiar with its terms. District shall provide Landowner with advance notice when Water is available for diversion under the Transfer Agreement and this Agreement. Landowner acknowledges that it has no legal right to divert water from ▇▇▇▇▇▇ Slough during the irrigation season without authorization by District. The Parties acknowledge that while the Property uses Water for municipal purposes as defined by the District’s governing legislation, even in years when Water is available in ▇▇▇▇▇▇ Slough for diversion by Landowner, the Water available under this Agreement is available only during the irrigation season as determined annually by WID and the District (ordinarily March through October of each year).

Water Availability. The issue of yield of ▇▇▇ river at Greater Gangau dam site was discussed in the 18th Technical Advisory Committee meeting of NWDA held on

Water Availability. When applicable, any Subdivision Maps prepared for the Property, or any portion of the Property, shall comply with the provisions of Government Code § 66473.7.

Water Availability. Water in the gardens is turned on by April 1 and shut-off by October 31.

Water Availability. The Master Developer controls property with the rights to approximately 1,080,310 gallons of water per day (“GPD”). This is determined through the “Three Party Agreement” between Plum Creek Land Company, Black Diamond Associates, Ltd., and ▇▇▇▇▇▇ Coking Coal Company dated August 8, 2003. Any Implementing Project application process that calls for a certificate of water availability shall be satisfied by reference to this Agreement. Improvements necessary to provide water service to each Implementing Project must be provided by the Master Developer consistent with this Agreement. Connections are allowed up to the point of existing capacity as arranged for in the Water Supply and Facilities Funding Agreement dated August 11, 2003, as amended by the First Addendum dated July 22, 2004 (“WSFFA”). If there are insufficient facilities or capacity to serve some or all of a proposed Implementing Project, then the Designated Official may require the Master Developer to obtain such additional water supply capacity and/or design and construct new water mains, upgrades to existing mains, a reservoir, pressure reducing valves or such other facilities necessary to serve the Implementing Project.

Water Availability. The Applicants have demonstrated that unappropriated water is available for diversion in the amounts claimed from the sources claimed.