ACQUISITION AND INSTALLATION OF THE PROJECT Sample Clauses
The 'Acquisition and Installation of the Project' clause defines the responsibilities and procedures for obtaining and setting up all necessary components, equipment, or systems required for the project. It typically outlines which party is responsible for purchasing, delivering, and installing the project assets, as well as any standards or timelines that must be met during the process. This clause ensures that both parties are clear on who handles each aspect of acquisition and installation, thereby minimizing disputes and ensuring the project progresses smoothly and efficiently.
ACQUISITION AND INSTALLATION OF THE PROJECT. ISSUANCE OF THE BOND; FUNDS
ACQUISITION AND INSTALLATION OF THE PROJECT. The Borrower agrees to acquire and install the Project or cause the Project to be acquired and installed on the Land.
(a) The Cost of the Project shall be paid from the Construction Account in the manner and to the extent provided in Section 4.3 hereof and the General Bond Resolution. The Borrower shall not be entitled to any moneys in the Construction Account, nor shall the Borrower submit a requisition, for any item of property which constitutes collateral under another security agreement, or is otherwise subject to any other Lien or encumbrance whatsoever.
(b) The Borrower hereby covenants and agrees to proceed with due diligence to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions with any other persons, firms or corporations and in general do all things which may be requisite or proper, all for acquiring and installing the Project. The Borrower agrees to acquire and to install the Project with all reasonable dispatch, and to use reasonable efforts to cause such acquisition and installation to be completed by November 1, 1998, or as soon thereafter as may be practicable and, in all events by no later than November 1, 2000; but if for any reason such acquisition and completion are not completed by either said date, there shall be no resulting liability on the part of the Board and no diminution in or postponement of the payments required in Section 5.1 hereof to be paid by the Borrower.
(c) The Borrower shall assign to the Board, contingent upon Borrower's default as set forth in Article X hereof, all of Borrower's agreements with Contractors and shall obtain from each Contractor consent to such assignment in the form attached hereto as Exhibit "E."
(d) The Borrower shall obtain all necessary approvals from any and all governmental agencies requisite to the acquiring and installation of the Project, and the Project shall be acquired and installed in compliance with all federal, State and local laws, ordinances and regulations applicable thereto. Upon completion of the Project, the Borrower shall obtain all required permits and authorizations from appropriate authorities, if any be required, authorizing the uses of the Project for the purpose contemplated hereby.
(e) THE BOARD MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE CONDITION, TITLE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS OF THE PROJECT OR THAT IT IS OR WILL BE SUITABLE FOR ANY OF THE BORROWER'S PURPOSES OR NEEDS.
ACQUISITION AND INSTALLATION OF THE PROJECT. The Borrower agrees to acquire and install the Project or cause the Project to be acquired and installed on the Land and in the Building.
ACQUISITION AND INSTALLATION OF THE PROJECT. (a) The City represents, warrants, covenants and agrees as follows:
(i) It has entered into or will enter into one or more Project Agreements providing for the completion of the Project, including the acquisition and installation of the Leased Equipment, in accordance with the plans and specifications therefor;
(ii) It will cause the Project, including the acquisition and installation of the Leased Equipment, to be completed with all reasonable dispatch in accordance with the applicable provisions of this Lease;
(iii) All contracts entered into or to be entered into by the City relating to such work shall be in accordance with all applicable requirements of the laws of the State and shall have any performance bonds required by the laws of the State;
(iv) It has obtained or shall obtain all necessary or required permits, licenses, consents and approvals that are material for the purchase, installation, operation and maintenance of the Leased Equipment and shall comply with all lawful requirements of any governmental body regarding the use or condition of the Leased Equipment, whether existing or later enacted or foreseen or unforeseen or whether involving any change in governmental policy or requiring structural or other change to the Leased Equipment and irrespective of the cost of so complying;
(v) It will pay all fees, costs and expenses incurred in completing the Project or, to the extent there are moneys in the Project Fund available therefor, will request the Trustee to make such payments from the Project Fund in the manner hereinafter provided and provided in the Declaration of Trust; and
(vi) It will ask, demand, sue for and use its best efforts to recover and receive such sums of money, debts or other demand to which it may be entitled under any contract, order, receipt, guaranty, warranty, writing or instruction in connection with the acquisition and installation of the Leased Equipment, and it will use its best efforts, to the extent economically reasonable, to enforce the provisions of any contract, agreement, obligation, bond or other security in connection therewith, and any such amounts received in connection with the foregoing, after deduction of expenses incurred in recovering such amounts, shall be paid to the Trustee for deposit in the Project Fund if the Completion Date has not occurred or for deposit in the Lease Revenue Fund if the Completion Date has occurred.
(b) If the Project or any portion thereof is delayed or fails to occur for ...