Authority of Developer Sample Clauses

Authority of Developer. The Developer warrants and represents that Developer is the sole owner of and has marketable title to the property to be developed for all Privately Installed Improvements except as stated in Section 1 above, and except for the “Municipal Portion” (defined in Section 5 below) of the Privately Installed Improvements and has the authority to enter into this Agreement.

Authority of Developer. The Developer has full power and authority to execute and deliver this Agreement, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.

Authority of Developer. Developer has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the City Restrictions, Promissory Note, Deed of Trust, Regulatory Agreement, Option Agreement, Memorandum of Agreement, Request for Notice, UCC-1 Financing Statement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.

Authority of Developer. 2.1 Subject to the terms of this Agreement, Owners hereby appoint Developer as their agent and authorize Developer to take all actions, and to make all decisions, necessary or appropriate in Developer's reasonable judgment to coordinate, oversee and supervise the Construction Contract and the development, design, procurement and construction of the Outside Plant, substantially in accordance with the Development Plan and Budget. Until the Outside Completion Date all communications with respect to the Outside Plant from Owners to the Construction Contractor, any subcontractors, suppliers, vendors (including the vendors of the fiber optic cable) or service providers and other persons affiliated or associated with the Outside Plant, including all approvals, shall be communicated through Developer. It is expressly understood and agreed that actions taken by Developer in accordance with this Agreement shall be taken by Developer as agent for and in the name of Owners, and all obligations, costs or expenses reasonably incurred by Developer in the performance of its obligations hereunder are the liability of the Owners in proportion to their Interests (except as otherwise provided in this Agreement) and not the liability of Developer. Any payments made by Developer in the performance of its responsibilities under this Agreement shall be made out of funds (a) that Developer from time to time holds in trust for the Owners or (b) that Owners provide to Developer, including amounts available to be drawn under the Letters of Credit provided by the Owners to Developer. Developer shall not be required to make any advances to, or for the account of, Owners or to pay any amount except out of funds held, provided or obtained as aforesaid nor shall Developer be required to incur any liability or obligation for the account of Owners. Developer shall be reimbursed by Owners on a monthly basis upon submission of appropriate supporting documentation to Owners, for all costs advanced by Developer. 2.2 In addition to, and not in limitation of, the foregoing, Developer shall have the authority to take all actions, and to make all decisions, necessary or appropriate in Developer's reasonable judgment, for the performance of Developer's obligations set forth herein and to complete the Outside Plant in accordance with the Construction Contract and Development Plan and Budget, including without limitation: (a) the right to incur liabilities on behalf of Owners pursuant to Section 3.2 (...

Authority of Developer. The Developer does hereby covenant and warrant that: (a) Developer is a duly authorized and existing Wyoming business entity; (b) Developer is and shall remain in good standing and qualified to do business in the State of Wyoming; (c) Developer has full right, power and authority to enter into this Agreement and to carry out all actions on its part contemplated by this Agreement; (d) the execution and delivery of this Agreement are duly authorized by proper action of Developer, and no consent, authorization or approval of any person is necessary in connection with such execution and delivery or to carry out all actions on the Developer's part contemplated by this Agreement, except as have been obtained and are in full force and effect; (e) the persons executing this Agreement on behalf of Developer have full authority to do (f) this Agreement constitutes a valid, binding and enforceable obligation of the

Authority of Developer. DEVELOPER has full power and authority to execute and deliver this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of DEVELOPER.

Authority of Developer. Developer shall have the authority and the obligation under this Contract to perform the following services: a. Provide an evaluation of the Town Green Mixed-Use Project, construction schedule, and budget requirements, each in terms of the other; advise the DDA on proposed site use and improvements, selection of materials and building systems and equipment; provide recommendations to the DDA, consistent with the Town Green Mixed-Use Project requirements, on design, constructability, availability of materials and labor, time requirements for procurement, installation and construction; and, advise the DDA on factors related to cost including but not limited to costs of alternative designs or materials, budgets, life-cycle data and possible cost reductions; b. Prepare and provide a schedule of the Town Green Mixed-Use Project and for the construction of the Town Green Buildings (the “Project Schedule”), which shall coordinate and integrate Developer’s services, the construction contractor’s services, the Authority’s responsibilities, ordering and delivery of products and materials, and the Authority’s completion requirements. c. Prepare and provide monthly schedule updates of the Town Green Mixed- Use Project to the DDA; d. Prepare and provide monthly estimate updates as to the construction to the DDA for the costs necessarily incurred in the proper performance of the construction of Town Green Buildings and completion of the Town Green Mixed-Use Project; e. Negotiate all necessary construction contract(s) by and between Developer and any general contractor for the construction of the Town Green Buildings (the “Construction Contract”) to obtain terms satisfactory to Developer in its sole discretion subject to the terms and conditions of this Contract; f. Act on behalf of the DDA in its relations with any governmental agency or authority with respect to all matters relating to the Town Green Mixed-Use Project and construction of the Town Green Buildings; g. Choose the products and materials necessary to equip the Town Green Mixed-Use Project in a manner which satisfies all requirements of this Contract; h. Monitor disbursement and payment of amounts owed to the general contractor pursuant to the terms of the Construction Contract; i. Subject to DDA’s making disbursements of the Loan as required by the Loan Documents, ensure that the Town Green Buildings are constructed free and clear of all mechanics’ and materialmen’s liens; j. In collaboration with the gener...

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Authority of Developer. Except as specifically approved in writing by Monroe or MPT, as applicable, or as expressly set forth herein, Developer shall not have authority to bind MPT in any matters regarding the Project.