Acquisition, Construction and Installation Clause Samples
The 'Acquisition, Construction and Installation' clause outlines the responsibilities and procedures related to obtaining, building, and setting up assets or equipment under an agreement. It typically specifies which party is responsible for acquiring necessary materials, overseeing construction activities, and ensuring proper installation according to agreed standards or timelines. This clause ensures that all parties are clear on their obligations regarding the delivery and readiness of physical assets, thereby minimizing disputes and delays in project execution.
Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects to be acquired, constructed and installed on the Project Sites in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEM, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects to the end that the Projects will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, ▇▇▇ for, ▇▇▇▇, recover and receive all such sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the Projects, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects are made or done by the Company on its own behalf and not as agent or contractor for the Issuer.
Acquisition, Construction and Installation. The Company represents that it and the other public utility companies which own undivided interests in the Project Facilities with the Company as tenants-in-common have caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Refunded Bonds, including any investment thereof, were expended in accordance with the Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The Company represents and agrees that the Project has been acquired, constructed and installed on the site thereof as described in the Original Bonds Agreement, substantially in accordance with the plans and specifications for the Project filed with the Issuer prior to the issuance of the Original Bonds and in conformance with the Original Bonds Agreement, Section 6121.061 of the Ohio Revised Code, and all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by the Ohio Environmental Protection Agency (“EPA”) and that the proceeds derived from the Prior Bonds, including any investment thereof, have been expended in accordance with the Prior Bonds Indenture and the Prior Bonds Agreement.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the respective Project Sites, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Original Bonds and Refunded Bonds, including any investment thereof, were expended in accordance with the respective Series ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ or respective Series 1973 Loan Agreement, Series 1979 Indenture or Series 1979 Loan Agreement, or Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The City represents, warrants, covenants and agrees as follows:
Acquisition, Construction and Installation. The Company represents and agrees that it and any other public utility company which owns any undivided interest in the Project Facilities with the Company as tenants-in-common have caused the Projects to be acquired, constructed and installed on the Project Sites in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by EPA, noncompliance with which would have a material adverse effect on the Company’s ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders. The proceeds derived from the Original Bonds, including any investment thereof, were expended in accordance with the trust indentures and the loan agreements relating to the Original Bonds.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Refunded Bonds, including any investment thereof, were expended in accordance with the Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The Company represents and agrees that:
(a) It has caused the Project to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by IDEM, including the permit to install for each portion of the Project;
(b) It will ask, demand, sue ▇▇▇, levy ▇▇▇ use its best efforts to recover and receive such sums of money, debts or other demands whatsoever in connection with the Project, to which it may be entitled under any contract, order, receipt, guaranty, warranty, writing or instruction in connection with any of the foregoing, and it will enforce the provisions of any contract, agreement, obligation, bond, note or other security in connection with the Project.
Acquisition, Construction and Installation. The Company represents and agrees that the Project has been acquired, constructed and installed on the site thereof as described in the Original Bonds Agreement, substantially in accordance with the plans and specifications for the Project filed with the Issuer prior to the issuance of the Original Bonds and in conformance with the Original Bonds Agreement, the Act, and all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and that the proceeds derived from the Original Bonds, including any investment thereof, have been expended in accordance with the Original Bonds Indenture and the Original Bonds Agreement.
Acquisition, Construction and Installation. The District represents, warrants, covenants and agrees as follows:
(a) It has entered into or will enter into the Construction Agreement providing for the construction of the Improvements in accordance with K.S.A. 75-37,125 and the plans and specifications for the Improvements prepared by an engineer licensed to practice in Kansas and provided by the ESCO or will construct the Improvements with District employees in accordance with the plans and specifications K.S.A. 75-37,125 and the plans and specifications for the Improvements prepared by an engineer licensed to practice in Kansas and provided by the ESCO;
(b) It will cause the acquisition, construction, equipping and installation of the Improvements to be completed with all reasonable dispatch in accordance with the applicable provisions of this Lease;
(c) All contracts entered into or to be entered into by the District relating to such work will be in accordance with all applicable requirements of the laws of the State and will have the performance bonds required by Section 7.01(f);
(d) It has obtained or will obtain all necessary or required permits, licenses, consents and approvals that are material for the purchase, construction, installation, operation and maintenance of the Improvements and will comply with all lawful requirements of any governmental body regarding the use or condition of the Improvements, 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 Improvements and irrespective of the cost of so complying;
(e) It will pay all fees, costs and expenses incurred in completing the Improvements or, to the extent there are moneys in the Improvement Fund available for Improvement Costs, will request the Trustee to make such payments from the Improvement Fund in the manner hereinafter and in the Declaration of Trust provided; and
(f) 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 purchase, construction and installation of the Improvements, 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, af...