Project Covenants. IPA covenants for the benefit of Purchaser and each of the other Purchasers that during the period beginning on the Effective Date and ending on the day prior to the Transition Date, it will comply with the provisions of the Original Power Sales Contracts relating to the acquisition, construction, maintenance and operation of the Project, including without limitation, the provisions of Section 44 of the Original Power Sales Contracts. IPA will also operate and maintain the Project in such a manner, and make such replacements and repairs thereto, as and to the extent necessary to keep the Project in at least as good a condition as IPA has agreed with the Original Purchasers to keep the Project pursuant to the Original Power Sales Contracts. It is the intention of the parties that this covenant obligate IPA to render the Project, as of the Transition Date, in as good a condition as it would be had IPA fully performed each of its operation, maintenance, repair and replacement obligations with respect to the Project under the Original Power Sales Contracts during the term thereof, but not impose upon IPA any duties or obligations with respect to the operation, maintenance, repair and replacement of the Project that are more extensive or onerous than, or that otherwise exceed the scope of, IPA’s duties and obligations with respect to such matters under the Original Power Sales Contracts.
Project Covenants. With respect to the Project, Borrower shall or shall cause the Contractors to, as applicable:
Project Covenants. In addition to the representations and obligations of the Company set forth elsewhere in this Agreement, the Registration Rights Agreement and in the Collaboration Agreement, the Company also:
Project Covenants. Borrower agrees that from the date hereof and until final payment in full of the Obligations, unless Lender shall otherwise consent in writing, Borrower shall comply with the following: Loan to Cost Limitation. Total advances under the Construction Loan for all the Projects, in the aggregate, shall not exceed the lesser of seventy percent (70%) of the as-stabilized aggregate appraised value of all the Projects and eighty percent (80%) of all the developmental costs as shown on the then current Construction Budgets for all the Projects, in the aggregate. Construction Completion. Construction of a Project must be substantially complete, as evidenced by a certificate of occupancy on all buildings, by no later than 12 months after the initial Construction Loan advance for a Project. Secondary Financing. Secondary financing is not permitted on any Property. Primary Banking Accounts. Borrower shall establish a primary Construction Loan disbursement account with Lender. Additionally, Borrower shall establish all other banking accounts related to each Project with Lender.
Project Covenants. Section 5.1 Project Title, Operation, and Maintenance.
Project Covenants. Section 5.1 Project Operation and Maintenance 15 Section 5.2 Sale or Lease of Project 15 Section 5.3 Subordinate Mortgage and Security Agreement 15 Section 5.4 Advances 15 Section 5.5 Alterations to the Project and Removal of Equipment 15 Section 5.6 Insurance 16 Section 5.7 Damage or Destruction 17 Section 5.8 Condemnation 18 Section 5.9 [Intentionally Omitted] 19 Section 5.10 Hazardous Materials 19 Section 5.11 Release of Real Property 20 ARTICLE 6 Damage, Destruction and Condemnation Section 6.1 Damage and Destruction 22 Section 6.2 Condemnation 22
Project Covenants. 1. The Project Implementing Entity shall not amend, suspend, abrogate or waive any of the Core Construction Agreements or Core Commercial Agreements to which it is a party in a manner that would affect materially and adversely the carrying out of the Project.
Project Covenants. 55 Section 5.1 Project Title, Operation, and Maintenance 55 Section 5.2 Transfer of the Project or Interest in the Borrower 56 Section 5.3 Advances 59 Section 5.4 Alterations to the Project and Removal of Equipment 59 Section 5.5 Insurance 59 Section 5.6 Commencement and Substantial Completion of the Project 63 Section 5.7 Construction 64 Section 5.8 Preservation of Rights 64 Section 5.9 Maintenance and Repair 64 Section 5.10 Changes 64 Section 5.11 Construction Information and Verification 65 Section 5.12 Permits, Licenses, and Approval 66 Section 5.13 Purchase of Materials; Conditional Sales Contracts 67 Section 5.14 Site Visits; Right to Stop Work 67 Section 5.15 Protection Against Lien Claims 68 Section 5.16 Cooperation 68 Section 5.17 Income from Project 68 Section 5.18 Payment of Expenses 69 Section 5.19 Performance of Acts 69 Section 5.20 Management Agreement 70 Section 5.21 Continued Perfection 70 Section 5.22 Appraisals 70 Section 5.23 Beneficial Ownership Regulation 70 Section 5.24 USA Patriot Act 70 Section 5.25 Stored Materials 71 Section 5.26 Environmental Reports 71 Section 5.27 Equity Funding 71 Section 5.28 Developer Fee/Contractor Profit 71 Section 5.29 Forward Bond Purchase Agreement 71 Section 5.30 Replacement Key Principal 72
Project Covenants. 18 Section 5.1 Project Operation and Maintenance.................. 18 Section 5.2 Sale of Project.................................... 18 Section 5.3 Alterations to the Project and Removal of Equipment............................... 18 Section 5.4 Taxes and Other Governmental Charges............... 18 Section 5.5 Insurance.......................................... 19
Project Covenants. 15 Section 7.1. Insurance................................................................................... 15 Section 7.2. Prohibition of Liens........................................................................ 15 Section 7.3. Maintenance, Repairs, Replacements and Removals............................................. 15 Section 7.4. Inspection of the Project................................................................... 16 Section 7.5. Granting of Easements....................................................................... 16 Section 7.6. Compliance with Governmental Regulations.................................................... 16 Section 7.7. Trustee's Right to Perform.................................................................. 16 Section 7.8. Identification of Property.................................................................. 17 Section 7.9.
