Initial Dedications Sample Clauses

Initial Dedications. Unless deferred as provided below, within one hundred eighty (180) days of the Effective Date of this Agreement, Developer shall execute and deliver to the County, without cost and for recordation irrevocable offers of dedication (“IODs”), in forms acceptable to the County, for any and all portions of the Property planned to be utilized for any of the following purposes: (i) Backbone Infrastructure described in Section 3.6.1 below; (ii) Community Parks described in Section 3.13.4; (iii) Open space areas described in the Specific Plan, including the drainage areas (“Drainage Areas”) within which the Permanent Drainage Facilities described in Section 3.12 below will be located as generally described in the Drainage Master Plan; and (iv) County Facilities described in Section 3.10 below. The portions of the Property offered for dedication shall be consistent with the locations shown therefor in the Specific Plan; provided, however, the legal descriptions included with the IODs shall be subject to review and approval by the County prior to recordation. With respect to the foregoing dedications, the County will sign the appropriate acknowledgments to allow the dedications to be recorded, but in its sole discretion may choose to defer acceptance of the offers until the applicable improvements to be constructed therein are completed and a financing mechanism for the maintenance of such completed improvements acceptable to the County has been established, or until the County otherwise determines it to be in the interests of the County to accept the offer. Upon recordation of the foregoing IODs by all the Participating Developers, the Participating Developers shall prepare a record of survey of all the dedicated areas and, subject to the approval by the County, the County will cause such record of survey to be recorded in the Official Records of Placer County.

Related to Initial Dedications

  • Dedication Subject to the terms and conditions of this Agreement, Shipper commits to this Agreement and agrees to deliver to the Receipt Points for Gathering and Treating, (i) all Gas produced by Shipper from the Haynesville and Bossier formations in the ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, and Messenger Areas which is attributable to Interests owned by Shipper within the lands and acreage described on Exhibit A attached hereto (referred to as the “Committed Area”) during the Term and (ii) with respect to ▇▇▇▇▇ located on the Committed Area in which Shipper is the operator, Gas produced from such ▇▇▇▇▇ during the Term which is attributable to the Interests of other working interest owners, overriding royalty interest owners, and royalty owners which is not taken “in-kind” by such owners and for which Shipper has the right and/or obligation to market or deliver such Gas, for only so long as such Gas is not taken “in-kind” (collectively, the “Dedication”). (a) The following shall be excluded from the Dedication: (i) Gas produced by Shipper reasonably required for Shipper’s operations on the Committed Area and consumed by Shipper prior to delivery to a Receipt Point; (ii) Interests acquired by Shipper after the Effective Date that are subject to commitments or dedications in existence prior to Shipper’s acquisition of the Interests, provided, however, Shipper at its sole option may include such Gas upon the expiration of such commitments or dedications; and (iii) By written request of Shipper, and approved by Gatherer, which approval shall not be unreasonably withheld or delayed, Gas produced by Shipper from ▇▇▇▇▇ located in the Committed Area that are not operated by Shipper or Shipper Partner. (b) Shipper has a Gas treating agreement with Louisiana Midstream Gas Services, LLC (“LMGLLC”). Subject to prevailing pressures allowing flow at the LMGLLC Redelivery Point, identified as such on Exhibit I, if Gatherer has insufficient capacity to Treat Shipper Gas on its Olympia Gathering System, then Shipper may elect to have Gatherer deliver untreated Shipper Gas to the LGMLLC Redelivery Point and Shipper shall pay a reduced Gathering Fee of [***] per MMBtu for Gas redelivered to the LGMLLC Redelivery Point in addition to the applicable LGMLLC fee. Shipper is responsible for all fees due to LGMLLC under the LGMLLC agreement for Treating as provided in this Section 3.1(c) (c) If Gatherer for any reason other than reasons caused by Shipper, events of Force Majeure, or the provisions of Section 3.3, or 8.4, is unable for fifteen (15) consecutive days to Gather or Treat all or any portion of the Gas produced by Shipper within the Committed Area as required by this Agreement, Shipper shall notify Gatherer in writing of Shipper’s desire to implement the provisions of this Section 3.1(b) If, within thirty (30) days of Gatherer’s receipt of such notice, Gatherer has not cured the failure to take all, or the affected portion, of Shipper’s Gas, then that portion of such Gas that Gatherer is not Gathering or Treating shall be temporarily released from the Dedication. Gatherer acknowledges that Shipper may enter into alternative gathering or treating arrangements with third parties, provided that the duration of such agreements will not exceed six (6) Months, unless otherwise agreed. The temporary release from the Dedication shall remain in place until the later of: (i) such point in time as Gatherer demonstrates to Shipper’s reasonable satisfaction that it is able to Gather or Treat the Gas as the case may be; or (ii) the expiration of the third party gathering or treating arrangements consistent with the preceding sentence. (d) Notwithstanding the Dedication, Shipper expressly reserves unto itself, its successors and assigns the following (1) the right to operate within the Committed Area free from any control by Gatherer, including, without limitation, the right (but never the obligation) to drill new ▇▇▇▇▇, to repair, rework, deepen, plug back and recomplete ▇▇▇▇▇, to surrender, release or terminate any lease (in whole or in part) covering the affected land; (ii) the right to deliver at the well production to lessors of leases on such lands in quantities to fulfill lease obligations from time to time, including the right to take royalty in kind, (iii) the right to use production for development and operation of such lands; (iv) the exclusive right to process Shipper Gas and Undedicated Shipper Gas in facilities not on the Olympia Gathering System for recovery and removal of certain liquefiable hydrocarbons, and (v) the right to own any Plant Products or Condensate

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Short-Term Reliability Process Solution, the ISO shall tender to the Developer that proposed the selected transmission Short-Term Reliability Process Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its Reliability Planning Process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Short-Term Reliability Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the STAR or Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Short-Term Reliability Process Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Condominiums/Planned Unit Developments If the Mortgaged Property is a condominium unit or a planned unit development (other than a de minimis planned unit development) such condominium or planned unit development project such Mortgage Loan was originated in accordance with, and the Mortgaged Property meets the guidelines set forth in the Originator's Underwriting Guidelines;

  • Development Schedule The Project shall substantially comply with the specific timetables and triggers for action set forth in Article 5 of this Agreement. The parties acknowledge that, as provided in G.S. 160A-400.25(b), the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of this Agreement pursuant to G.S. 160A-400.27 but must be judged based upon the totality of the circumstances.

  • Construction Phase Services 3.1.1 – Basic Construction Services