Facility Development and Operation Sample Clauses

Facility Development and Operation. 3.1 Critical Milestones. (a) Subject to the provisions of Section 3.1(c), commencing on the Effective Date, Seller shall develop the Facility in order to achieve the following milestones (“Critical Milestones”) on or before the date set forth in this Section 3.1(a): (i) receipt of all Permits necessary to construct the Facility, as set forth in Exhibit B, in final form, by May 31, 2012; (ii) acquisition of all required real property rights necessary for construction and operation of the Facility, interconnection of the Facility to the Interconnecting Utility, and performance of Seller’s obligations under this Agreement as set forth on Exhibit B, by February 28, 2012; (iii) demonstration of the financial capability (whether through third party financing to Seller or Seller’s own financial assets) to proceed with the development and construction of the Facility, including, as applicable, Seller’s financial obligations with respect to interconnection of the Facility to the Interconnecting Utility and construction of the Network Upgrades by May 31, 2012; (iv) issuance of a full notice to proceed by Seller to its general construction contractor and commencement of construction of the Facility by June 30, 2012; and (v) achievement of the Commercial Operation Date by December 31, 2012. (b) Seller shall provide Buyer with written notice of the achievement of each Critical Milestone within seven days after that achievement, which notice shall include information demonstrating with reasonable specificity that such Critical Milestone has been achieved. Seller acknowledges that Buyer requires such written notice solely for monitoring purposes, and that nothing set forth in this Agreement shall create or impose upon Buyer any responsibility or liability for the development, construction, operation or maintenance of the Facility. (c) In addition to any extension of a date for a Critical Milestone as a result of a Force Majeure under Section 10.1, Seller may elect to extend all of the dates for the Critical Milestones not yet achieved (i) by one year without posting additional Development Period Security and (ii) by up to two additional six month periods by posting additional Development Period Security of $187,500 for each such six-month period. In no event may Seller exercise the right to extend the Critical Milestone dates under this Section 3.1(c) by more than two years, and in no event shall any extension of the Critical Milestone dates as a result of one or more Fo...

Facility Development and Operation. A residential learning facility is proposed that will offer programs on many aspects of the natural environment. The initial capacity of the NCELC will be 40 students plus 12 faculty and staff. The facility will be designed so that it can be expanded to accommodate 60 students and 18 faculty and staff. There are no existing facilities in the North Cascades region that can accommodate this type of learning center. This proposed use will provide a valuable educational resource for the area. Under the direction of the Oversight Committee created pursuant to Article III, Section 5 of the MOA and in consultation with the Parties, the City will provide the following facilities: • dormitories capable of housing students, faculty and staff in a variety of gender ratios; • one main service building with classrooms, library, laboratory, and offices; • a cafeteria; • a covered shelter; • an outdoor amphitheater; • grassy recreation area; • outdoor "rooms" for small learning groups; • adequate parking; • staff housing; • a central exhibit area; and • trails. A tentative site plan for the NCELC preferred site is provided as Figure 3-14. Preliminary evaluation of the existing facilities on that site indicates that most of the existing buildings will have to be replaced. The restaurant is the newest building and will remain and be used as a cafeteria and meeting rooms, library, or similar uses. The existing utilities will continue to serve the site. The facility will be developed to best take advantage of the site's features and views, including relocation of the existing overhead utility poles and lines to the back (north) edge of the site. The central area of the site will remain open to accommodate views across the water, thus emphasizing the natural, outdoor landscape as the central focus for this development. The surrounding wooded hillsides will provide numerous opportunities for trails and observation areas, and the lake will be easily accessible for purposes of various shoreline and lacustrine life studies. The alternative site has similar siting benefits (NPS, 1989). All public facilities and one of the staff residences will be handicapped-accessible. Environmental conservation practices such as on-site recycling facilities will be included in NCELC facilities design and operation at either site. This and similar programs may serve a double purpose: not only would they provide opportunities for education and research, but they would illustrate the possibilities ...

Facility Development and Operation