D&C Direct Agreement definition

D&C Direct Agreement means the agreement in the form attached as Exhibit 22 entered into by and among Developer, TxDOT, Guarantors and the Design-Build Contractor.
Sample 1
D&C Direct Agreement means the agreement substantially in the form attached as Form 3 (Form of D&C Direct Agreement) by and among the Authority, Developer, and the D&C Contractor.
Sample 1

Examples of D&C Direct Agreement in a sentence

  • Neither this D&C Direct Agreement nor any of the terms hereof may be amended, supplemented, terminated, waived or modified except by an instrument in writing signed by the Parties.

  • Any incoming general partner shall as a condition of receiving an interest in the partnership agree to be bound by the note, mortgage, and Regulatory Agreement and other documents required in connection with the capital advance to the same extent and on the same terms as the original general partner.

  • This latter consequence is evident and the antecedent was proved in the previous book.

  • The rights and benefits conferred upon the Authority by this D&C Direct Agreement are in addition to any other rights and remedies it may have against the D&C Contractor, including without prejudice to the generality of the foregoing any remedies in negligence.

  • Each of the D&C Contractor’s and the D&C Guarantor’s liabilities under this D&C Direct Agreement will not be in any way reduced or extinguished by reason of any inspection or approval of the D&C Contractor Documents or attendance at Project meetings or other enquiry or inspection which the Authority may make or procure to be made for its benefit or on its behalf.

  • This D&C Direct Agreement is only enforceable by the original parties to it and by their successors in title and permitted assignees.

  • This D&C Direct Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts executed and to be performed within the State.

  • The parties consent to jurisdiction, and the venue for any legal action arising out of this D&C Direct Agreement shall lie in any New York State or U.S. Federal court sitting in the City and County of New York.

  • Notwithstanding anything contained in this D&C Direct Agreement and notwithstanding any payments which may be made by the Authority to the D&C Contractor, the Authority will not be under any obligation to the D&C Contractor or the D&C Guarantor nor will the D&C Contractor or the D&C Guarantor have any claim or cause of action against the Authority unless and until the Authority has given written notice to the D&C Contractor and the D&C Guarantor pursuant to clause 9(a)(i) or clause 9(c).

  • Unless expressly defined otherwise in this D&C Direct Agreement, any defined term in this D&C Direct Agreement shall have the same meaning given to such term in the D&C Contract.

Related to D&C Direct Agreement

  • Direct Agreement means any agreement made, or to be made, from time to time between the Secretary of State and the counterparty of a Key Contract in relation to such Key Contract, including any agreement entered into by the Secretary of State under Schedule 14.3 (Key Contracts);

  • Project Agreement means the agreement between the Bank and the Project Implementing Entity of even date herewith, as the same may be amended from time to time; and such term includes all schedules and agreements supplemental to the Project Agreement.

  • Subproject Agreement means any of the agreements referred to in Section 3.07 of this Agreement; and

  • Joint Agreement means a type of Fund Use Agreement between the Consortium and the Fund Council that sets forth an umbrella set of terms and conditions that govern principally the submission and approval of CRP proposals and the transfer and use of funds from the CGIAR Fund for implementation of CRPs.

  • TBT Agreement means the Agreement on Technical Barriers to Trade, which is part of the WTO Agreement;

  • PILOT Agreement means the Agreement for Payments in Lieu of Ad Valorem Taxes entered into by and among the Board, the Company, the City and the County.

  • Administrative Services Agreement has the meaning set forth in Section 2.1(d).

  • Sponsor Support Agreement has the meaning specified in the Recitals hereto.

  • Replacement Management Agreement means, collectively, (a) either (i) a management agreement with a Qualified Manager substantially in the same form and substance as the Management Agreement, or (ii) a management agreement with a Qualified Manager, which management agreement shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (ii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such management agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof and (b) an assignment of management agreement and subordination of management fees substantially in the form then used by Lender (or of such other form and substance reasonably acceptable to Lender), executed and delivered to Lender by Borrower and such Qualified Manager at Borrower’s expense.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.

  • Contract Agreement means the Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein;

  • Development Agreement has the meaning set forth in the Recitals.

  • Project Agreements means this Agreement, EPC Contract, O&M Contract and any other agreements or material contracts that may be entered into by the Developer with any person in connection with matters relating to, arising out of or incidental to the Project.

  • Sponsor Management Agreement means the management agreement between certain of the management companies associated with the Investors and the Issuer.

  • Program Support Agreement means and includes any Liquidity Agreement and any other agreement entered into by any Program Support Provider providing for: (a) the issuance of one or more letters of credit for the account of any Conduit Purchaser, (b) the issuance of one or more surety bonds for which the such Conduit Purchaser is obligated to reimburse the applicable Program Support Provider for any drawings thereunder, (c) the sale by such Conduit Purchaser to any Program Support Provider of the Purchased Interest (or portions thereof) maintained by such Conduit Purchaser and/or (d) the making of loans and/or other extensions of credit to any Conduit Purchaser in connection with such Conduit Purchaser’s securitization program contemplated in this Agreement, together with any letter of credit, surety bond or other instrument issued thereunder.

  • Project Management Agreement means the agreement dated the 20th February 1985 made between the Trustee and the Manager providing for the Manager to manage and co‑ordinate the development and construction of the Resort and includes, if that agreement is terminated, any other agreement in like and similar terms made with the prior consent of the Minister;

  • Product Agreement means each agreement, license, document, instrument, interest (equity or otherwise) or the like under which one or more parties grants or receives any right, title or interest with respect to any Product Development and Commercialization Activities in respect of one or more Products specified therein or to exclude third parties from engaging in, or otherwise restricting any right, title or interest as to any Product Development and Commercialization Activities with respect thereto, including each contract or agreement with suppliers, manufacturers, pharmaceutical companies, distributors, clinical research organizations, hospitals, group purchasing organizations, wholesalers, pharmacies or any other Person related to any such entity.

  • JV Agreement each partnership or limited liability company agreement (or similar agreement) between a North American Group Member or one of its Subsidiaries and the relevant JV Partner as the same may be amended, restated, supplemented or otherwise modified from time to time, in accordance with the terms hereof.

  • Commercial Agreement means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;

  • Investment Management Agreement or IMA means the Investment Management Agreement (IMA) dated December 9, 2002, executed between UTI Trustee Company Private Limited and UTI Asset Management Company Limited.

  • Support Agreement has the meaning set forth in the Recitals.

  • Arrangement Agreement means the arrangement agreement dated as of April 18, 2019 between the Purchaser and the Company, including the schedules and exhibits thereto, providing for, among other things, the Arrangement, as the same may be amended, supplemented or restated.

  • Construction Management Agreement means the Construction Management Agreement, dated as of the date of the Common Agreement, between Construction Manager and the Project Company.

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • MCIP Agreement means the Agreement for the Development of a Joint County Industrial and Business Park (2010 Park) dated as of December 1, 2010, as amended, between the County and Xxxxxxxx County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means: