Development of Project Sample Clauses

Development of Project. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake to complete the Construction Works for the Project as specified in Schedule A, and in conformity with the Specifications and Standards set forth in Schedule B. 12.3.2 The Concessionaire agrees and undertakes that it shall complete the Construction Works for the Project or any phase thereof, as the case may be, in accordance with the Project Completion Schedule set forth in Schedule H and, shall be completed on or before the relevant Scheduled Completion Date. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 60 (sixty) days from the date set forth for such Project Milestone in Schedule-H, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all the Scheduled Completion Dates are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-H shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-H has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.3.3 Without prejudice to the provision of clause 12.3.2 above, in the event that the full Project is not completed within 180 (one hundred and eighty) days from the Scheduled Project Completion Date, unless the delay is on account of reasons solely attributable to the Authority (including those specified in Article 11) or due to Force Majeure, the Authority shall be entitled to terminate this Agreement. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equity, the Authority may in its sole discretion choose not to terminate this Agreement after the said period of 180 (one hundred and eighty) days and allow for a weekly/ monthly extension beyond such period of 180 (one hundred and eighty) days; provided that the Concessionaire agrees and pays in advance, the liquidated damages calculated in accordance with Clause 12.3.2 above, for each day of such extension. To the ext...

Development of Project. The Applicant commits to commence the Project within 45 days of this Agreement and agrees to complete the Project within one year of this Agreement (“Completion Date”).

Development of Project. The Developer will, at its own cost and expense, develop the Project in accordance with the lease agreement with UBC, applicable zoning, applicable Laws (including without limitation the Zoning Regulation), the Design Guide, the Community Energy Covenant and this Agreement. The Developer will, forthwith upon Corix’s request, provide Corix with a copy of all sections of the lease agreement that pertain to the design, construction or operation of the Infrastructure or the Building System or the provision of Energy Services and any other portions of the lease agreement that Corix reasonably requests. The Developer may redact any commercially-sensitive financial information contained therein.

Development of Project. 3.1 Other than as expressly set forth in this Agreement, during the Term of this Agreement Developer shall have the vested right to develop the Project on and with respect to the Property in accordance with the terms of the Applicable Rules and this Agreement. City shall not prohibit or prevent development of the Property on grounds inconsistent with the Applicable Rules or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City’s discretion with respect to (i) review and approval requirements contained in the Applicable Rules, (ii) exercise of any discretionary authority City retains under the Applicable Rules, (iii) the approval, conditional approval, or denial under the Applicable Rules, of any Subsequent Development Approvals that are required for development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer’s rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Effective Date. Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for development of the Project. Developer represents and City acknowledges that Developer would not make these expenditures without this Agreement, and that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to develop the Project as set forth in this Agreement. Developer may apply to...

Development of Project. 11 4.1 Applicable Regulations; Landowner’s Vested Rights and City’s Reservation of Discretion With Respect to Subsequent Development Approvals 11 4.2 No Conflicting Enactments 12 4.3 Reservations of Authority 13 4.4 Tentative Subdivision Maps 15 5. Amendment or Cancellation of Agreement 15 6. Enforcement 16

Development of Project a. The Developer accepts the Property in “AS IS, WHERE IS” condition without any express or implied warranties or representations. HHFDC shall incur no expenditures and liability in connection with this Agreement and the Property’s development and operation. The Developer shall be responsible for all items necessary to develop and operate the Project, including but not limited to title reports, conveyance documents, annexation documents, closing costs, planning costs, onsite and offsite improvements, rezoning, water allocation, the installation and connection of utilities to the Project and cutting, filling, and finish grading of the Property. b. Developer shall cause the Project to be constructed substantially in accordance with the final building plans approved by HHFDC. All construction shall be in accordance with all applicable federal, state, and municipal statutes, codes, and ordinances. c. Developer will devote such effort and energy as is necessary to develop the Project. d. All construction shall be performed in a good, workmanlike manner using new or reconditioned materials. All work shall be performed to the same standard as is customary in the Hawaii construction industry. e. Developer shall engage an experienced and qualified project manager to be directly responsible for managing and facilitating the development of the Project. HHFDC acknowledges that _______________ shall be the project manager for development of the Project. Any changes or substitutions of said project manager shall be subject to the approval of HHFDC.

Development of Project. OPERATIONS PRIOR TO THE FINAL CLOSING DATE. . . . . . . . . . . . . . . . . . . . 21 6.1

Development of Project. 6.1 The Proponent agrees to undertake the development of the Project in accordance with the provisions proposed in this Agreement and as identified in the Council Report, Resolution [INSERT], and By-law [INSERT] approved by Regional Council to fund the Project, and as further set out in Schedules “A” and “I”. 6.2 The Proponent shall, subject to Force Majeure, ensure Substantial Completion of the Project is reached in accordance with the development schedule set out in the Proponent’s Application attached hereto as Schedule “I”, or such later date as may be approved by the Region. 6.3 The Proponent shall carry out the development of the Project as specified in the requirements of this Agreement and in accordance with all Applicable Laws. 6.4 The Region shall have access to the Project at all times in order to verify that the Proponent is carrying out the development of the Project in accordance with the terms and conditions of this Agreement and in accordance with all Applicable Laws. The Proponent shall co-operate with any individual acting on the Region’s behalf in this respect by doing anything reasonably required to assist with any such inspections. 6.5 Following completion of the construction of the Project, the Region’s representative shall have the right, at all reasonable times, upon prior notice to the Proponent, to inspect the Project in order to confirm that the Proponent is operating the Project in accordance with the provisions of this Agreement. 6.6 In performing any work and construction on the Project, the Proponent shall: (a) proceed at its own expense with all due diligence to completion and will cause all work to be done in a good and professional manner; (b) do all acts and things required for the performance and completion of the Project in accordance with the plans and specifications for the Project which have or may be approved by the appropriate authority; (c) do all acts and things required to be done in the performance of the construction in compliance with the insurance and other requirements of this Agreement; (d) construct the Project with care and in such a manner so as not to give rise to environmental claims against the Project; (e) enter into a construction contract for the Project with a construction contractor (the “Contractor”), together with all such other agreements or documents that may be necessary for the completion of the Project which clearly describe the Project to be built and the business relationship between th...

Development of Project. The Developer will, at its own cost and expense, develop the Project in accordance with the Offer to Lease, the Ground Lease, OCP, applicable Laws (including without limitation the Zoning Bylaw) and this Agreement. The Developer will, forthwith upon Corix’s request, provide Corix with a copy of all sections of the Offer to Lease and the Ground Lease that pertain to the design, construction or operation of the Infrastructure or the Building System or the provision of Energy Services and any other portions of the Offer to Lease and the Ground Lease that Corix reasonably requests, provided that the Developer shall be entitled to redact financial information contained therein.