Development of Facilities Clause Samples

Development of Facilities. ‌ 4.1. The College agrees to develop at its cost and, subject to clause 13, maintain the Facilities, within 5 years of the date of this Agreement, subject to obtaining all required approvals from all relevant Authorities. The College must use Reasonable Endeavours to obtain these approvals. 4.2. Should the Facilities not be developed within 5 years, this Agreement will terminate unless an extension is agreed by the Shire. In the event of termination, the College will be liable to pay to the Shire the full non- concessional development contribution in accordance with the prevailing development contribution rate, within 60 days of the date of termination. 4.3. The Shire acknowledges that it may grant an extension (not to be unreasonably withheld) to the timeframe listed in 4.1, if the College is unable to develop the Facilities as it is unable to obtain all required approvals from all relevant Authorities, funding for the development or secure a groundwater bore resource for the Facilities. 4.4. The Shire will use reasonable endeavours to assist the College with obtaining an allocation of water to the Land. 4.5. The College and the Shire agree to work in good faith to set out seasonal use arrangements that reflect the needs of both Parties, and the Authorised Times of Use as defined by Item 6 of the Schedule.
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Development of Facilities. The Operator shall ensure that the Facilities shall pass the Performance Tests by the relevant Time for Completion. The Operator is entitled to an extension of a Time for Completion if delayed either before or after the Time for Completion by any of the following causes: (a) a change in the Specifications that delays materially the Time for Completion set out in Schedule 2; (b) a Force Majeure event; (c) a Material Adverse Government Action; (d) physical conditions or circumstances on the site for the New Facilities, which are adverse and were not (by the Effective Date) drawn to the Operator’s attention or within its knowledge (as is evidenced by written records) or foreseeable from the data supplied to the Operator by the Authority; (e) any breach of this Agreement, delay, impediment or prevention by the Authority; or (f) an action by a legally constituted public authority which has delayed, impeded or prevented the Operator from developing the Facilities other than due to the negligence or wilful default of the Operator. If the Operator intends to apply for an extension of a Time for Completion, the Operator shall give notice to the Authority of such intention as soon as possible, together with supporting information. The Operator shall keep such contemporary records as may be necessary to substantiate any application, at the site and such other records as may reasonably be requested by the Authority. The Operator shall permit the Authority to inspect all such records, and shall provide the Authority with copies as required. The Authority shall respond within twenty eight (28) days of receiving a claim from the Operator by either confirming the Authority's entitlement, or denying the claim with detailed reasons. Any dispute may be referred for resolution in accordance with Clause 30. The Operator will provide monthly status reports to the Authority during the Construction Period setting out progress on the Facilities and whether there are any delays or issues that have arisen as provided in Schedule 4. The first report shall be provided following the first calendar month after the Effective Date and shall be provided within fourteen (14) days of the end of such calendar month.
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Development of Facilities. 12.1 The Private party shall ensure that the Facilities pass the Performance Tests by the relevant Time for Completion. 12.2 The Private party is entitled to an extension of a Time for Completion if delayed by any of the following causes: (a) a change in the Specifications that delays materially the Time for Completion set out in Schedule 2; (b) a Force Majeure event; (c) a Material Adverse Government Action; (d) physical conditions or circumstances on the site for the New Facilities, which are adverse and were not (by the Effective Date) drawn to the Private party’s attention or within its knowledge (as is evidenced by written records) or reasonably foreseeable to the Private party using Prudent Industry Practice from the data supplied to the Private party by the Contracting Authority; (e) any breach of this Agreement, delay, impediment or prevention by the Contracting Authority; or (f) an action or inaction by a legally constituted public body which has delayed, impeded or prevented the Private party from developing the Facilities other than due to the negligence or wilful default of the Private party. 12.3 If the Private party intends to apply for an extension of a Time for Completion, the Private party shall give notice to the Contracting Authority of such intention as soon as possible, together with supporting information. The Private party shall keep such contemporary records as may be necessary to substantiate any application, at the site and such other records as may reasonably be requested by the Contracting Authority. The Private party shall permit the Contracting Authority to inspect all such records, and shall provide the Contracting Authority with copies as required. The Contracting Authority shall respond within twenty eight (28) days of receiving a claim from the Private party, by either confirming the Contracting Authority's entitlement, or denying the claim withdetailed reasons. Any dispute may be referred for resolution in accordance with Clause30. 12.4 The Private party will provide monthly status reports to the Contracting Authority during the Construction Period setting out progress on the Facilities and whether there are any delays or issues that have arisen as provided in Schedule 4. The first report shall be provided following the first calendar month after the Effective Date and shall be provided within fourteen (14) days of the end of such calendar month.
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Development of Facilities 
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Related to Development of Facilities

  • Development of the Project 4.1 TSP's obligations in development of the Project: a. for procuring and maintaining in full force and effect all Consents, Clearances and Permits, required in accordance with Law for development of the Project; b. for financing, constructing, owning and commissioning each of the Element of the Project for the scope of work set out in Schedule 1 of this Agreement in accordance with: i. the Electricity Act and the Rules made thereof; ii. the Grid Code; iii. the CEA Regulations applicable, and as amended from time to time, for Transmission Lines and sub-stations: • the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007; • Central Electricity Authority (Technical Standards for construction of Electrical Plants and Electric Lines) Regulation, 2010; • Central Electricity Authority (Grid Standard) Regulations, 2010; • Central Electricity Authority (Safety requirements for construction, operation and maintenance of Electrical Plants and Electrical Lines) Regulation, 2011; • Central Electricity Authority (Measures relating to Safety and Electricity Supply) Regulation, 2010; • Central Electricity Authority (Technical Standards for Communication System in Power System Operation) Regulations, 2020. iv. Safety/ security Guidelines laid down by the Government; v. Prudent Utility Practices, relevant Indian Standards and the Law; not later than the Scheduled COD as per Schedule 2 of this Agreement; c. for entering into a Connection Agreement with the concerned parties in accordance with the Grid Code. d. for owning the Project throughout the term of this Agreement free and clear of any encumbrances except those expressly permitted under Article 15 of this Agreement; e. to co-ordinate and liaise with concerned agencies and provide on a timely basis relevant information with regard to the specifications of the Project that may be required for interconnecting the Project with the Interconnection Facilities; f. for providing all assistance to the Arbitrators as they may require for the performance of their duties and responsibilities; g. to provide to the Nodal Agency and CEA, on a monthly basis, progress reports with regard to the Project and its execution (in accordance with prescribed form) to enable the CEA to monitor and co-ordinate the development of the Project matching with the Interconnection Facilities; h. to comply with Ministry of Power order no. 25-11/6/2018 – PG dated 02.07.2020 as well as other Guidelines issued by Govt. of India pertaining to this; i. to procure the products associated with the Transmission System as per provisions of Public Procurement (Preference to Make in India) orders issued by Ministry of Power vide orders No. 11/5/2018 - Coord. dated 28.07.2020 for transmission sector, as amended from time to time read with Department for Promotion of Industry and Internal Trade (DPIIT) orders in this regard (Procuring Entity as defined in above orders shall deemed to have included Selected Bidder and/ or TSP). Also, to comply with Department of Expenditure, Ministry of Finance vide Order (Public Procurement No 1) bearing File No. 6/18/2019- PPD dated 23.07.2020, Order (Public Procurement No 2) bearing File No. 6/18/2019-PPD dated 23.07.2020 and Order (Public Procurement No. 3) bearing File No. 6/18/2019-PPD, dated 24.07.2020, as amended from time to time, regarding public procurement from a bidder of a country, which shares land border with India; j. to submit to Nodal Agency information in the prescribed format [To be devised by Nodal Agency] for ensuring compliance to Article 4.1 i) above. k. to comply with all its obligations undertaken in this Agreement. 4.2 Roles of the Nodal Agency in implementation of the Project: 4.2.1 Subject to the terms and conditions of this Agreement, the Nodal Agency shall be the holder and administrator of this Agreement and shall inter alia: a. appoint an Independent Engineer within 90 days of the Effective Date b. provide letters of recommendation to the concerned Indian Governmental Instrumentality, as may be requested by the TSP from time to time, for obtaining the Consents, Clearances and Permits required for the Project; c. coordinate among TSP and upstream/downstream entities in respect of Interconnection Facilities; and d. monitor the implementation of the Agreement and take appropriate action for breach thereof including revocation of guarantees, cancellation of Agreement, blacklisting etc e. provide all assistance to the Arbitrators as required for the performance of their duties and responsibilities; and f. perform any other responsibility (ies) as specified in this Agreement.

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • Development Phase contractual phase initiated with the approval of ANP for the Development Plan and which is extended during the Production Phase while investments in ▇▇▇▇▇, equipment, and facilities for the Production of Oil and Gas according to the Best Practices of the Oil Industry are required.

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.

  • Construction Activities Please list all major construction activities, both planned and completed, to be performed by Seller or the EPC Contractor. Activity EPC Contractor / Subcontractor Completion Date __/__/____ (expected / actual) __/__/____ (expected / actual)