Phase 2 Agreement definition

Phase 2 Agreement means that certain Engineering, Procurement and Construction Agreement, dated as of January 10, 2023, between Owner and Contractor.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedBook a Demo

Phase 2 Agreement means the transaction between Seller and Purchaser evidenced by that Agreement entitled “Agreement of Purchase and Sale (▇▇▇▇▇▇ Avenue Coalinga CA – West Parcels/Phase 2)” of even date herewith. “[*****] Membership Interest” shall mean 47% (measured as of the Effective Date) of Seller’s membership interest in [*****] Water Conveyance Partners, LLC, a California limited liability company which owns certain irrigation pipelines used from time to time to convey irrigation water to the Property. “Property” shall mean the Land, Improvements, and any Personal Property, specifically including without limitation all Water Rights and the [*****]

Phase 2 Agreement and collectively with the Phase 1 Agreement, the "Fiber Agreements"), pursuant to which the NU Companies have agreed to grant to NEON the right to use certain of its transmission structures and other facilities and to grant the use of certain of the fiber filaments in the NU Companies' fiber optic cable to NEON in exchange for payment of certain annual payments and other fees; and

Examples of Phase 2 Agreement in a sentence

• This CfD (Phase 2) Agreement is entered into following the applicable contract allocation or negotiation process established under or by virtue of the EA 2013.

• Where a term is defined both in this CfD (Phase 2) Agreement and in the Conditions, the definition in this CfD (Phase 2) Agreement shall apply instead of the definition in the Conditions.

• The CfD Counterparty shall, as from the Agreement Date, comply with this CfD (Phase 2) Agreement (including the Conditions) as the “CfD Counterparty” and agrees that the Conditions are hereby incorporated into this CfD (Phase 2) Agreement as if they were clauses of this CfD (Phase 2) Agreement.

• The CfD Counterparty shall, as from the Agreement Date, comply with this CfD (Phase 2) Agreement (including the Conditions) as the "CfD Counterparty" and agrees that the Conditions are hereby incorporated into this CfD (Phase 2) Agreement as if they were clauses of this CfD (Phase 2) Agreement.

• Subsequent to the date of execution of this Amended and Restated Agreement, the rights and obligations of the parties set forth in this Section 5.5 shall be governed by the 2002 Phase 2 Agreement.

• Subsequent to the date of execution of this Amended and Restated Agreement, the rights and obligations of the parties set forth in this Section 5.3 shall be governed by the 2002 Phase 2 Agreement.

• Subsequent to the date of execution of this Amended and Restated Agreement, the rights and obligations of the parties set forth in this Section 5.1 shall be governed by the 2002 Phase 2 Agreement.

• This Agreement supersedes all prior or contemporaneous proposals, communications and negotiations, either oral or written, relating to the rights, obligations, or performance of this Agreement, the 1994 Agreement, Prior Agreement, Phase 2 Agreement by the parties hereto, and, as such, constitutes the complete and entire agreement of the parties.

• The parties agree that Grantor’s tax liability to be reimbursed hereunder and under the 2002 Phase 2 Agreement through June 25, 2002 is in the amount of $1,425,439.

• The parties agree that Grantor's tax liability to be reimbursed hereunder and under the 2002 Phase 2 Agreement through June 25, 2002 is in the amount of $1,425,439.