Adapting Project Facility to New and Different Use Clause Samples

Adapting Project Facility to New and Different Use. Payments made to adapt the Project Facility to a new use not consistent with the City’s original intended use of the Project Facility at the time the Project Facility is placed in service are not considered Routine Maintenance. For example, ten years into operation of the Project Facility, the City decides to demolish the portion of the Project Facility containing the practice ice rink and convert it to retail space. ▇▇▇▇▇▇▇ spent for the demolition and conversion of the portion of the Project Facility to a use inconsistent with the City’s original intended use will not be considered Routine Maintenance and no expenditures incurred will be available to offset revenues that count toward the Private Payment Limit. This CONTINUING DISCLOSURE UNDERTAKING (the “Disclosure Undertaking”) dated as of November 1, 2021, is executed and delivered by the City of Independence, Missouri (the “City”), in connection with the issuance of Infrastructure Facilities Refunding Revenue Bonds (City of Independence, Missouri - Events Center Project), Series 2021 issued by the Missouri Development Finance Board (the “Board”) on behalf of the City in the aggregate principal amount of $ (the “Bonds”). The Bonds are issued pursuant to a Bond Trust Indenture dated as of April 1, 2008, as supplemented and amended from time to time, including by a Series 2021 Supplemental Bond Trust Indenture dated as of November 1, 2021 (as supplemented and amended, the “Indenture”) between the Board of UMB Bank, N.A., as successor trustee and as named trustee. In order to permit the Underwriter (defined below) to comply with the provisions of Rule 15c2-12 of the Securities and Exchange Commission, as amended, in connection with the public offering of the Bonds, the City, in consideration of the mutual covenants herein contained and other good and lawful consideration, hereby agrees, for the sole and exclusive benefit of holders and Beneficial Owners (as hereinafter defined) of the Bonds, as follows:
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Related to Adapting Project Facility to New and Different Use

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the ISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Class Year Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

  • PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

  • Additional Facilities If any structural additions or change in use shall be made to the buildings or other improvements included in the Project Facility subsequent to the date hereof (other than the initial construction of the Building contemplated by the Project), or if any additional buildings or improvements shall be constructed on the Land other than the Building (such change of use, new structures, structural additions, buildings and improvements being referred to hereinafter as “Additional Facilities”), the Obligor agrees that its PILOT Obligations hereunder shall be increased by an amount, as determined by the Agency or a tax assessor selected by the Agency, equal to the increased tax payments, if any, that would have been payable on such increase if this Agreement were not in effect. Nothing herein shall constitute the Agency’s consent to the construction of any such additions or additional buildings or improvements or to such change of use.

  • Cost Responsibility for Interconnection Facilities and Distribution Upgrades 4.1 Interconnection Facilities 4.2 Distribution Upgrades