Development of Facility Sample Clauses

The 'Development of Facility' clause outlines the obligations and procedures related to constructing or upgrading a specific facility as part of a contract. It typically details the standards, timelines, and responsibilities for the parties involved in the development process, such as obtaining permits, meeting design specifications, and ensuring compliance with applicable laws. This clause ensures that both parties have a clear understanding of what is required for the facility's development, thereby minimizing disputes and setting expectations for project delivery.
Development of Facility. Seller shall use commercially reasonable and diligent efforts to site, permit, develop, finance, and construct the Facility.
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Development of Facility. If the Facility has not achieved Commercial Operation by the Effective Date, subject to the terms and conditions of this Agreement, Seller represents, warrants and guarantees: Except as expressly permitted otherwise by this Agreement, the Facility shall be developed and achieve Commercial Operation in accordance with this Agreement. The Facility shall be designed in compliance with all applicable Permits, each applicable Requirement of Law and Prudent Utility Practice, and for qualification as an Alternative Energy System. The Facility will be capable of generating Energy to create AECs in a safe and reliable manner, consistent with the requirements of each applicable Requirement of Law, the Interconnection Agreement (if applicable), and Prudent Utility Practice. All Permits necessary for the construction and operation of the Facility, including land use permits, environmental review and authorizations, grading and building permits, and licenses necessary to operate the Facility shall be obtained and maintained, and Seller will provide COMPANY with evidence of all essential Permits (including copies of any Permit upon COMPANY’s request). All construction and testing of the Facility shall be in compliance with all applicable Permits, each applicable Requirement of Law, the Interconnection Agreement (if applicable) and Prudent Utility Practice. Seller shall give prompt written notice to COMPANY of any material modifications to the Facility after the Effective Date and a brief description of the reasons for the modifications and confirmation that such modifications shall not affect the general location of the Facility or the Contract Amount, except that Seller may modify or revise the Contract Amount and Contract-Related Capacity in accordance with Section 4.5.
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Development of Facility. Subject to the terms and conditions of this Agreement, Seller covenants as follows: 3.1.1 Except as expressly permitted otherwise by this Agreement, the Facility shall be developed and achieve Commercial Operation in accordance with this Agreement, the specifications in Exhibit 1, and the Milestone Schedule set forth in Exhibit 2, all at Seller’s sole cost and expense. Seller shall not achieve Commercial Operation more than one hundred twenty (120) days prior to the Commercial Operation Milestone Date without the written consent of Duke Carolinas. 3.1.2 The Facility shall be designed, constructed, and tested in compliance with all applicable Permits, each applicable Requirement of Law and Prudent Utility Practice, and shall qualify as a New Renewable Energy Facility. The Facility will be capable of supplying the Product in a safe and reliable manner, consistent with the requirements of each applicable Requirement of Law and Prudent Utility Practice.
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Development of Facility. The Operator shall develop the Facility at the sole cost of the Operator in accordance with the Design Guidelines and the Project Documents on the terms and conditions set forth in this Agreement and in accordance with the following: (a) the Operator's Proposal identified in Schedule "A", together with: (i) any and all written revisions to such Proposal as may be agreed to in writing by the Owner and NH. (collectively, the “Proposal”) (ii) those terms and conditions set forth in Schedule "B" attached thereto (the "Schedule of Commitments").
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Development of Facility. 4 Section 5.01. - Tenant's Obligation to Construct. Install and Operate the Facility.. 4 Section 5.02. - Completion of Construction.......................................... 5 Section 5.03. - Covenants and Requirements of Construction.......................... 5 Section 5.04. - Completion of Facility.............................................. 7 Section 5.05. - Assignments to Landlord............................................. 8 Section 5.06. - Fuel Transmission Line Easement..................................... 9 ARTICLE 6
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Development of Facility. Seller shall, at its sole cost and expense, cause the Facility to be designed, engineered, permitted, installed, constructed, operated and maintained (“Development”) pursuant to good and prudent industry practice, Applicable Legal Regulations, Governmental Approvals, the Interconnection Agreement, and applicable requirements of any Governmental Authority and LDC. And shall be responsible for all costs and expenses associated with and arising from interconnection of the System to the LDC’s electricity distribution system.
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Development of Facility. Subject to the terms and conditions of this Agreement, Seller represents, warrants and guarantees: 4.1.1 Except as expressly permitted otherwise by this Agreement, the Facility shall be developed and achieve Commercial Operation in accordance with this Agreement and the Significant Milestone Schedule set forth in Exhibit 2. 4.1.2 The Facility shall be designed in compliance with all applicable Permits, each applicable Requirement of Law and Prudent Utility Practice, and for qualification as an Alternative Energy System. The Facility will be capable of generating Energy to create AECs in a safe and reliable manner, consistent with the requirements of each applicable Requirement of Law, the Interconnection Agreement (if applicable), and Prudent Utility Practice. 4.1.3 All Permits necessary for the construction and operation of the Facility, including land use permits, environmental review and authorizations, grading and building permits, and licenses necessary to operate the Facility shall be obtained and maintained, and Seller will provide PECO with evidence of all essential Permits (including copies of any Permit upon PECO’s request). 4.1.4 All construction and testing of the Facility shall be in compliance with all applicable Permits, each applicable Requirement of Law, the Interconnection Agreement (if applicable) and Prudent
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Development of Facility. Buyer acknowledges and agrees that it is acquiring the Property for the sole purpose of constructing a ▇▇ ▇▇▇▇▇▇▇’▇ Elite Sports Air-Supported Dome (the “Facility”) of approximately 105,000 square feet with a steel-framed entryway. The Facility shall include without limitation some combination of the following amenities: food concessions, changing rooms, restrooms, offices, rehabilitation/physical therapy facilities, special events space, storage and mechanical space, athletic training space including turf fields, batting cages, exercise equipment, and running track. The facility will include a steel structure and an air supported dome. Within eighteen months of the Closing Date, Buyer agrees to provide Seller with documentation evidencing loan approval/financing from a bona fide individual or institution. Within twenty-four (24) months of the Closing Date, Buyer agrees to have submitted and approved Plans and Specifications for the facility through the Avon Planning Commission. Within thirty (30) months of the Closing Date, Buyer agrees to break ground on the construction of the Facility. (Ground breaking shall mean that Buyer or its contractor has obtained an excavation permit from the City of Avon and commenced excavation on the site according to the plans and specifications approved by the City of Avon). Buyer agrees to fund and complete development of a ▇▇ ▇▇▇▇▇▇▇’▇ Elite Sports Center and Sports Leadership Center of America at the Facility within Three Hundred (300) days from the date of commencement of excavation activities. Seller agrees to grant a reasonable extension of said dates in the event that circumstances beyond the control of the Buyer prevent groundbreaking or completion of the Facility within the time periods allotted. In the event the Buyer abandons or fails to meet any of the benchmark time limits set forth above, or complete the Facility within the time periods provided or any extensions thereof, the ownership of the property shall revert to the seller and seller shall follow the provisions of 5.02(b) concerning reconveyance of the property.
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Related to Development of Facility

  • 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.

  • Design Development Documents See Section 2, Part 1, Article 2.1.5.

  • Design Development Phase 1.3.1 Based on the approved Schematic Design Documents, model(s) and any adjustments to the Program of Requirements, BIM Execution Plan or Amount Available for the Construction Contract authorized by the Owner, the Architect/Engineer shall prepare, for approval by the Owner and review by the Construction Manager, Design Development Documents derived from the model(s) in accordance with Owner’s written requirements to further define and finalize the size and character of the Project in accordance with the BIM Execution Plan, “Facility Design Guidelines” and any additional requirements set forth in Article 15. The Architect/Engineer shall review the Design Development documents as they are being modeled at intervals appropriate to the progress of the Project with the Owner and Construction Manager at the Project site or other location specified by Owner in the State of Texas. The Architect/Engineer shall utilize the model(s) to support the review process during Design Development. The Architect/Engineer shall allow the Construction Manager to utilize the information uploaded into Owner’s PMIS to assist the Construction Manager in fulfilling its responsibilities to the Owner. 1.3.2 As a part of Design Development Phase, Architect/Engineer shall accomplish model coordination, aggregation and “clash detection” to remove conflicts in design between systems, structures and components. Architect/Engineer shall utilize Owner’s PMIS to accomplish model coordination and collaborate with Construction Manager in the resolution of critical clashes identified by the Construction Manager. Architect/Engineer shall demonstrate and provide written assurance to Owner that conflicts/collisions between models have been resolved. 1.3.3 The Architect/Engineer shall review the Estimated Construction Cost prepared by the Construction Manager, and shall provide written comments. 1.3.4 Before proceeding into the Construction Document Phase, the Architect/Engineer shall obtain Owner’s written acceptance of the Design Development documents and approval of the mutually established Amount Available for the Construction Contract and schedule. 1.3.5 The Architect/Engineer shall prepare presentation materials including an animation derived from the model(s) as defined in “Facility Design Guidelines” at completion of Design Development and if so requested shall present same to the Board of Regents at a regular meeting where scheduled within the state. 1.3.6 The Architect/Engineer shall prepare preliminary recommended furniture layouts for all spaces where it is deemed important to substantiate the fulfillment of program space requirements, or to coordinate with specific architectural, mechanical and electrical elements. 1.3.7 Architect/Engineer shall assist the Owner, if requested, with seeking approval of the Project by the Texas Higher Education Coordinating Board (THECB). Such assistance shall include (i) the preparation of a listing of the rooms and square footages in the Project, and (ii) the preparation of project cost information, in accordance with THECB Guidelines. This information shall be provided at the completion of the Design Development Phase when requested by the Owner. The listing of rooms and square footages shall then be updated to reflect any changes occurring during construction and provided to the Owner at Substantial Completion. 1.3.8 At the completion of the Design Development Phase, or such other time as Owner may specify to Architect/Engineer, at Owner’s sole option and discretion, Owner will furnish Architect/Engineer with a Guaranteed Maximum Price proposal prepared by Construction Manager based upon the Design Development documents prepared by the Architect/Engineer and approved by the Owner. The Architect/Engineer shall assist the Owner and endeavor to further and advocate the Owner’s interests in Owner’s communications with the Construction Manager in an effort to develop a Guaranteed Maximum Price proposal acceptable to Owner, in Owner’s sole option and discretion. If the Owner does not accept the Construction Manager’s Guaranteed Maximum Price proposal, the Architect/Engineer shall participate with the Owner and Construction Manager in constructability reviews and shall revise the documents as necessary in order to reach an agreement. If the Construction Manager’s Guaranteed Maximum Price proposal exceeds the Schematic Design Phase Estimated Construction Cost prepared by, or otherwise accepted by the Construction Manager due to an increase in the scope of the Project caused by further development of the design documents by the Architect/Engineer to the extent that such could not be reasonably inferred by the Construction Manager from the Schematic Design documents, and Owner directs Architect/Engineer to revise the documents, the Architect/Engineer shall revise the documents at its own expense so that the Guaranteed Maximum Price proposal for constructing the Project shall not exceed the Owner’s Amount Available for the Construction Contract and any previously approved Estimated Construction Costs. If it is determined to be in the Owner’s best interest, instead of requiring the Architect/Engineer to revise the Drawings and Specifications, the Owner reserves the right to accept a Guaranteed Maximum Price proposal that exceeds the stipulated Amount Available for the Construction Contract. The Architect/Engineer shall analyze the final Guaranteed Maximum Price proposal document, together with its supporting assumptions, clarifications, and contingencies, and shall submit a detailed written analysis of the document to the Owner. Such analysis shall include, without limitation, reference to and explanation of any inaccurate or improper assumptions and clarifications. The A/E will not be required to make revisions to the documents at its own expense under the provisions of this paragraph if the Owner’s rejection of the Guaranteed Maximum Price proposal is not due to a failure of the A/E to provide the services otherwise required herein. 1.3.9 After the Guaranteed Maximum Price has been accepted, the Architect/Engineer shall incorporate necessary revisions into the Design Development documents. The A/E will not be required to make revisions to the documents at its own expense under the provisions of this paragraph if the revisions are required as the result of inaccurate assumptions and clarifications made in the development of the Guaranteed Maximum Price proposal that are not due to a failure of the A/E to provide the services otherwise required herein.