Common use of Design of Project Clause in Contracts

Design of Project. (a) Within ninety (90) days of the execution and delivery of this Company Lease Agreement, the Lessee shall cause Plans and Specifications to be prepared by one or more Architects or other Contractors with respect to all of the Projects for all of the Series 2012 Local Units and within the parameters set forth in the Company RFP. In preparing or causing the preparation of such Plans and Specifications, the Lessee expressly acknowledges that the Lessor shall only be providing financing, through the issuance of the Series 2012 Bonds, for the Maximum Net Bond Funded Project Cost Amount, and that any costs and expenses beyond such amount, except for any Completion Projects agreed in writing to be financed by the Lessor, are to be borne solely and wholly by the Lessee from any available funds. (b) Copies of the Plans and Specifications, when in form satisfactory to the Lessee, shall be promptly delivered to the Lessor and the Applicable Series 2012 Local Units for the review, comment and approval of the Applicable Series 2012 Local Units. Within five (5) Business Days of receipt, each Applicable Series 2012 Local Unit shall have reviewed, and either commented on or approved the Plans and Specifications prepared by the Lessee for each respective Renewable Energy Project and each Capital Improvement Project, if any, for the respective Series 2012 Local Units. To the extent approval from any Series 2012 Local Unit shall [not] be received, the Lessee shall promptly modify the Plans and Specifications to address the Series 2012 Local Unit’s reasonable concerns, whereupon the Lessee shall resubmit the Plans and Specifications to the Lessor and the Applicable Series 2012 Local Unit for further review, comment and approval. Such process shall continue until the Lessor and ▇▇▇▇▇▇ have received the approval of all of the Series 2012 Local Units; provided however, that both parties and the Applicable Series 2012 Local Units shall endeavor to complete the review, comment and approval process within one (1) month of the original submission to the Lessor and the Series 2012 Local Units. (c) Promptly after having received the respective Series 2012 Local Unit approvals of the Plans and Specifications related to their respective Projects, the Lessee shall submit or cause the submission of such Plans and Specifications to all other federal, state or local governmental or quasi-governmental agencies having jurisdiction over the Projects or any part thereof, and shall receive any required Project permits or approvals.

Design of Project. (a) Within ninety (90) days of the execution and delivery of this Company Lease Agreement, the Lessee shall cause Plans and Specifications to be prepared by one or more Architects or other Contractors with respect to all of the Projects for all of the Series 2012 2010 Local Units and within the parameters set forth in the Company RFP. In preparing or causing the preparation of such Plans and Specifications, the Lessee expressly acknowledges that the Lessor shall only be providing financing, through the issuance of the Series 2012 2010 Bonds, for the Maximum Net Bond Funded Project Cost Amount, and that any costs and expenses beyond such amount, except for any Completion Projects agreed in writing to be financed by the Lessor, are to be borne solely and wholly by the Lessee from any available funds. (b) Copies of the Plans and Specifications, when in form satisfactory to the Lessee, shall be promptly delivered to the Lessor and respective the Applicable Series 2012 2010 Local Units for the review, comment and approval of the Applicable Series 2012 2010 Local Units. Within five (5) Business Days of receipt, each Applicable Series 2012 2010 Local Unit shall have reviewed, and either commented on or approved the Plans and Specifications prepared by the Lessee for each respective Renewable Energy Project and each Capital Improvement Project, if any, Project for the respective Series 2012 2010 Local Units. To the extent approval from any Series 2012 2010 Local Unit shall [not] not be received, the Lessee shall promptly modify the Plans and Specifications to address the Series 2012 2010 Local Unit’s reasonable Unit concerns, whereupon the Lessee shall resubmit the Plans and Specifications to the Lessor and the Applicable Series 2012 2010 Local Unit for further review, comment and approval. Such process shall continue until the Lessor and ▇▇▇▇▇▇ have received the approval of all of the Series 2012 2010 Local Units; provided however, that both parties and the Applicable Series 2012 2010 Local Units shall endeavor to complete the review, comment and approval process within one (1) month of the original submission to the Lessor and the Series 2012 2010 Local Units. (c) Promptly after having received the respective Series 2012 2010 Local Unit approvals of the Plans and Specifications related to their respective Projects, the Lessee shall submit or cause the submission of such Plans and Specifications to all other federal, state or local governmental or quasi-governmental agencies having jurisdiction over the Projects or any part thereof, and shall receive any required Project permits or approvals.