Construction and Operation of the Project Clause Samples

Construction and Operation of the Project. Section 5.01. Project Schedule, Design and Construction 13 Section 5.02. Certificate of Substantial Completion 14 Section 5.03. Relocation within the City 15 Section 5.04. Compliance with Laws and Requirements 15 Section 5.05. Lease of Property 15 Section 5.06. Sale of Property 15

Construction and Operation of the Project. (a) The Developer shall have a period of sixty (60) days from the later of the execution of this Agreement or the Commission’s acquisition of the Property, or until the Property Closing if sooner, to satisfy any concerns it may have relative to zoning or land use, drainage, permits, environmental conditions, access, utilities, or any other matters related to the feasibility of the Project (collectively, “Contingencies”). In the event the Developer determines that it is not satisfied as to any Contingencies prior to the expiration of such period, the Developer shall notify the Town Parties and may terminate this Agreement, and the parties shall have no further rights or obligations under this Agreement. (b) The Developer shall complete the Project on the Property in accordance with all applicable permits and approvals to be issued by applicable government officials and bodies (e.g., the Town Building Commissioner). The total cost of the Project shall equal or exceed the Project Investment, without including any cost of the Town Incentives. The Project shall be substantially in operation within two (2) years following the Closing, or such later date as may be agreed to by the Town Parties in writing (the “Completion Date”). The Developer is responsible for providing or arranging to provide for the funding of all costs to complete the Project. Such funding and cost is separate and apart from the costs of the Town Incentives to be provided by the Town Parties. The Project shall consist of the items and/or parameters set forth in Exhibit B attached hereto which the Developer shall cause to be constructed on the Property as described in Exhibit A. The total cost of the Project Investment shall not be less than $ , 000,000. The Developer further covenants that it will utilize the Property as its central region headquarters, and other incidental or related uses, in a manner consistent with the Project as described in Exhibit B for a period of at least ten (10) years following Completion Date. (c) The Developer shall commence construction of the Project by no later than one- hundred eighty (180) days from the date of Property Closing. (d) Developer shall obtain or shall have determined that it is able to obtain all necessary permits, licenses, approvals and consents required by law for the construction and use of the Project prior to the Property Closing. (e) For so long as the Property is owned and/or operated by Developer, the Developer agrees to: (i) identify th...

Construction and Operation of the Project. Use its commercially reasonably efforts to cause the design, construction, completion and operation of the Mine to be carried out and completed with due diligence and continuity and in accordance with Applicable Law, sound, generally accepted construction and engineering practices, the plans and specifications set forth in the Life of Mine Plan and Prudent Industry Practices.

Construction and Operation of the Project. The Developer shall not cause or permit any Hazardous Materials to be brought upon, kept, used, stored, discharged, released or transported at, or, to or from the Project Site without the prior written consent of the Town at any time during the construction or operation of the Project.

Construction and Operation of the Project i. Subject to the terms and conditions of this Agreement, Developer, at its cost and expense, agrees to construct, install, furnish, equip, maintain and continuously operate the Project as a mixed-use development – residential and commercial use(s) during the term of this Agreement. Developer will cause the Project to be constructed in a good and workmanlike manner and substantially in accordance with the Plans. ii. Construction of the Project shall commence no later than the Project Commencement Deadline, and, upon commencement of the Project, Developer will continue construction of the Project diligently and shall achieve Project Completion substantially in accordance with the construction schedule approved by the City, and in no event later than the Project Completion Deadline. iii. Developer will conform and comply with, and will cause the Project to be in conformance and compliance with, all applicable federal, state, local and other laws, rules, regulations and ordinances, including without limitation, all zoning and land division laws, rules, regulations and ordinances, all building codes and ordinances of the City, and all environmental laws, rules, regulations and ordinances. Developer covenants that it will perform and observe the covenants contained in, and the Project will conform and comply with, the covenants, restrictions, documents or instruments governing the Property. Developer acknowledges that it has had sufficient opportunity to determine such covenants or restrictions through a title search and other due diligence. iv. Developer shall have in effect at all times, all permits, approvals and licenses as may be required by any governmental authority or non-governmental entity in connection with the development, construction, management and operation of the Project. v. Developer will not, without the City's prior written consent, materially change the scope of the Project, the Plans, or the uses of the Project. The development and operation of the Project shall be in substantial conformity with the Proposal.

Construction and Operation of the Project. The location and general layout of the bathing beach development is shown on Figure 2. 1. The Project will involve the construction and operation of a bathing beach at Lung Mei, Tai Po (Proposed Beach Development). The beach will provide a facility for visitors for leisure and recreation. The Project will include the following facilities: • Construction of a 200m long beach with a groyne at each end, which includes dredging and sandfilling works; • Construction of one culvert at the eastern side of the beach and another small section of culvert and open drainage channel with gabion embankments at the western end, both to collect and divert surface runo ff from upstream locations; and • Construction of beach buildings with associated beach building facilities, kiosk and a fee-paying car park and associated road improvement works adjoining the facility.

Construction and Operation of the Project. During the construction of the Project, when requested by Landlord, Tenant shall provide Landlord written status reports on the Project. Tenant shall maintain the Project in habitable condition, which shall generally be up to the standards of initial construction, subject to reasonable wear and tear.

Construction and Operation of the Project. The Developer shall not cause or permit any Hazardous Materials to be brought upon, kept, used, stored, discharged, released or transported at, or, to or from the Project Site without the prior written consent of the Town. The foregoing will not be construed to prohibit or limit the safe and lawful use and storage, on or with respect to the Project Site, of quantities of: (A) pre-packaged supplies, cleaning materials and petroleum products customarily used in the construction, operation and maintenance of businesses permitted pursuant to Section 1.10 hereof; (B) cleaning materials, personal grooming items and other items sold in pre-packaged containers for construction or consumer use and sold or used by businesses on or with respect to the Project Site;

Construction and Operation of the Project. The tenant shall be responsible, at its sole cost, for construction, operation, and maintenance of the Project during the Ground Lease term.