Subsequent Phases. No later than sixty (60) days prior to any specific Closing Date for a Phase, Seller shall obtain and provide to Buyer an endorsement to the Title Commitment (or a new title commitment), updating the effective date thereof and providing that same is specifically for the then-current Phase to be closed. The endorsement or new commitment shall specifically include the legal description for the Phase to be closed and which title exceptions affect such Phase. Buyer shall have twenty (20) days after receipt of any such endorsement or new title commitment to give Seller written notice of any New Title Objections. “New Title Objections” means any Title Objections (a) that are based upon any exception appearing on any such endorsement or title commitment after the effective date of the title commitment upon which the immediately-prior notice of Title Objections was based and (b) that are not deemed Permitted Exceptions. Seller’s obligation to cure such New Title Objections shall be the same as provided in
Subsequent Phases. Following the commencement of Phase One construction, BTX is entitled to purchase, and City shall convey fee title ownership of, the remainder of the property in phases, by special warranty deed, conditioned upon the following:
Subsequent Phases. (A) The buildings comprising Subsequent Phases do not need to be constructed simultaneously. Construction of the first Subsequent Phase after Phase One of the Development must commence within eighteen (18) months after the last available Certificate of Occupancy is issued on Phase One, but in no event later than twenty-four (24) months after Phase One is Substantially Complete. The next Subsequent Phase of the Development must begin within one (1) year after last available Certificate of Occupancy has been issued in the previous phase. A cumulative grace period of thirty- six (36) months will be allowed and exercised at the discretion of BTX between phases. BTX will make a good faith effort to promote and lease all available space. In any event, construction of all Phases must be completed no later than the expiration of this Agreement.
Subsequent Phases. Where the Project has a subsequent phase or subsequent phases, whether or not anticipated at the time of this Agreement being entered into, the Architect is retained only for the phase(s) of the Project specifically provided for in this Agreement, and has no rights nor responsibilities concerning any subsequent phase(s), except as expressly set out in this Agreement. GC25 Services includes other disciplines identified
Subsequent Phases. The subsequent phases of the Rokeby Road Project shall consist of:
Subsequent Phases. Pursuant to the Development Agreement, so long as Developer is not in default as to the acquisition and construction timelines, then within 30 days after Developer’s written request from time to time, City will use its best efforts to convey to Developer good and marketable title to one or more of the other Private Development Parcels as requested by Developer. Developer will acquire at least an additional 22,000 square feet of the Private Development Parcels by December 31, 2024, and at least another 16,500 square feet of the Private Development Parcels by December 31, 2031. The purchase price for the Private Developer Parcels shall be $12 per square foot of land area in the applicable Private Development Parcel(s) for take-downs exercised by Developer on or before December 31, 2025, with an annual positive or negative value adjustment (not to exceed 2.5% per annum) thereafter to be negotiated by City and Developer in connection with the Development Agreement. Developer’s right to acquire the Private Development Parcels will expire on the earlier of (a) failure to purchase the Private Development Parcels as set forth herein or in the Development Agreement, and develop such Private Development Parcels as set forth in the Development Agreement or other related agreement for the development of the Private Development Parcels, and (b) December 31, 2031. All such dates, including those as to Phase I, shall be extended on a day-for-day basis for any delay in the completion of the work described in Section VI or in the occurrence of the closing under the Purchase Agreement for the Lease Purchase Transaction.
Subsequent Phases. The Parties will share market data and financial performance metrics on a regular basis, no less frequently than quarterly, and shall coordinate marketing efforts according to the scope and pace of subsequent phases of construction of the WFN. Ting shall engage in initial research and other activities with regard to marketing and providing service in such areas, including contacting and aggregating likely business and residential customers. Ting will provide the City candidate lists of locations for which fiber connections to Premises are desirable, consistent with the City’s objectives as set forth in the Recitals to this Agreement. The City will arrange for construction of those fiber connections to Premises that the City and Ting find mutually agreeable based upon considerations including, but not limited to: (1) demand for service, (2) cost of construction, (3) density of Premises, (3) feasibility of construction, and (4) economic development. In all circumstances, the City will have final discretion as to construction of fiber, including whether to construct and the timeframe for construction. The City will make best efforts to commence construction of phase 2 and subsequent phases as soon as possible following construction of the initial/previous phase of construction. In general, and subject to adjustment in the sole discretion of the City, the threshold for initiating the next phase of financing and construction will be when the overall subscriber take rate of the project – including all phases and areas constructed to date – exceeds 20 percent.
Subsequent Phases. The IDP for each subsequent phase shall begin upon commencement of construction within that phase (as defined by Ting and the City, and publicized as set forth in Section 10.1, “Pre- Sales Status Website”) and end upon: a) mutual agreement between Ting and the City, but no longer than two (2) years after the first “lit” customer is added; or b) once subscriber penetration (number of activated drops compared to number of premises passed in phase area) reaches 20 percent or c) Ting reaches 3,000 total retail subscribers to its Services, at which point any existing and future IDPs will be discontinued.
Subsequent Phases. Additional in- formation shall be sought in the second phase so that a down-select can be per- formed or an award made without ex- changes, if necessary. The contracting officer may conduct exchanges with re- maining offeror(s), request proposal re- visions, or request best and final offers, as determined necessary by the con- tracting officer, in order to make an award decision.
Subsequent Phases. If the Bank is to be established in phases, the Bank Sponsor or Property Owner shall submit a written request to the USFWS for approval of each phase. Subsequent phases will need to comply with USFWS documentation requirements in effect on the date of submission of the complete documentation for the proposed phase. Establishment of each phase must be approved by the USFWS. In general subsequent phases will either meet the minimum establishment criteria or be adjacent to prior phases of the bank.
