Powers of Agent. Agent shall have the right to act for and on behalf of Owner with full and complete authority to appear before each applicable Governmental Authority to resolve issues related to the platting, zoning and use of the Unit Premises, to obtain all Permits, to grant and obtain easements for the benefit of any Unit Premises or which are reasonably deemed necessary by Agent for the installation or operation of the Ammonia Project (provided that no such action shall contravene any provision of any Ground Lease) in all material respects in accordance with the Unit Plans, appoint, employ and deal with the architects, engineers, consultants and contractors, purchase and arrange for delivery of all materials, supplies, furniture, fixtures, and equipment, and to approve all related vouchers, invoices and statements. Notwithstanding the foregoing, Owner agrees to execute directly any and all such documents which Governmental Authorities do not permit to be exercised pursuant to a power of attorney or as Agent may reasonably deem to be necessary to effect the purposes of this Agreement. No payment shall be made for any property or services of such architects, engineers, consultants, or contractors relating to the acquisition, construction and equipping of any Unit without the prior approval of Agent, and each amount so approved and paid shall be in accordance with the Unit Budget, and shall be part of the Unit Acquisition Cost of such Unit. If Agent has unreasonably delayed or withheld giving the approvals required to make such payments, Owner may make payments to any architects, engineers, consultants, contractors, vendors or suppliers which are properly due and payable in accordance with the contracts with said parties, and any such payment so made shall be and become a part of the Unit Acquisition Cost of the Unit; provided, however, that Owner shall not make any such payment if it is subject to a Permitted Contest.
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Sources: Lease Agreement (Arcadian Corp), Lease Agreement (Potash Corporation of Saskatchewan Inc)
Powers of Agent. Agent shall have the right to act for and on behalf of Owner with full and complete authority to appear before each applicable Governmental Authority to resolve issues related to the platting, zoning and use of the Unit Premises, to obtain all Permits, to grant and obtain easements for the benefit of any Unit Premises or which are reasonably deemed necessary by Agent for the installation or operation of the Ammonia Project (provided that no such action shall contravene any provision of any Ground Lease) in all material respects in accordance with the Unit Plans, appoint, employ and deal with the architects, engineers, consultants and contractors, purchase and arrange for delivery of all materials, supplies, furniture, fixtures, and equipment, and to approve all related vouchers, invoices and statements. Notwithstanding the foregoing, Owner agrees to execute directly any and all such documents which Governmental Authorities do not permit to be exercised pursuant to a power of attorney or as Agent may reasonably deem to be necessary to effect the purposes of this Agreement. No payment shall be made for any property or services of such architects, engineers, consultants, or contractors relating to the acquisition, construction and equipping of any Unit without the prior approval of Agent, and each amount so approved and paid shall be in accordance with the Unit Budget, and shall be part of the Unit Acquisition Cost of such Unit. If Agent has unreasonably delayed or withheld giving the approvals required to make such payments, Owner may make payments to any architects, engineers, consultants, contractors, vendors or suppliers which are properly due and payable in accordance with the contracts with said parties, and any such payment so made shall be and become a part of the Unit Acquisition Cost of the Unit; provided, however, that Owner shall not make any such payment if it is subject to a Permitted Contest.,
Appears in 1 contract
Sources: Lease Agreement (Potash Corporation of Saskatchewan Inc)
Powers of Agent. Agent shall have the right to act for and on behalf of Owner with full and complete authority to appear before each applicable Governmental Authority to resolve issues related to the platting, zoning and use of the Unit Premises, to obtain all PermitsPermits including zoning, planning and land use approvals, to grant and obtain minor easements for the benefit of any Unit Premises or which are deemed reasonably deemed necessary by Agent for the installation intended use of such Unit Premises, voluntarily to dedicate or operation convey portions of any Unit Premises for road, highway and other public purposes as required in the Ammonia Project good faith judgment of Agent in order to obtain the use of all or part of such Unit Premises for the purposes intended (provided that no such action shall contravene any provision materially adversely affect either the market value of any Ground Lease) in all material respects in accordance with such Unit Premises or the use of such Unit PlansPremises for its intended purpose), appoint, employ and deal with the architects, engineers, consultants and contractors, purchase and arrange for delivery of all materials, supplies, furniture, fixtures, and equipment, and to approve all related vouchers, invoices and statements. Notwithstanding statements and, so long as no Event of Default shall exist hereunder, to perform all obligations and exercise all rights of Owner and enforce all obligations of the foregoing, Owner agrees to execute directly lessor under any and all such documents which Governmental Authorities do not permit to be exercised pursuant to a power of attorney or as Agent may reasonably deem to be necessary to effect the purposes of this AgreementGround Lease. No payment shall be made for any property or services of such architects, engineers, consultants, or contractors relating to the acquisition, construction and equipping of any Unit without the prior approval of Agent, and each amount so approved and paid shall be in accordance with the Unit Budget, and shall be part of the Unit Acquisition Cost of such Unit. If Agent has unreasonably delayed or withheld giving Upon the approvals required to make such paymentsoccurrence of an Event of Default, Owner may make payments to any architects, engineers, consultants, contractors, vendors or suppliers which are properly due and payable in accordance with the contracts with said parties, and any such payment so made shall be and become a part of the Unit Acquisition Cost of the Unit; provided. Anything to the contrary provided herein notwithstanding, howeverAgent shall have the right on behalf of Owner, that in connection with the development and occupancy of the North Shoreline Unit, to convey a portion of the North Shoreline Unit Premises to the appropriate Governmental Authority in connection with the relocation of the direct off-ramp to northbound North Shoreline Boulevard from Route 101. Owner shall not make cooperate, without unreasonable delay and at Agent's expense, in connection with such conveyance and shall join in the execution of any such payment if it is subject to a Permitted Contestappropriate instruments or shall execute any separate instruments as necessary.
Appears in 1 contract
Powers of Agent. Agent shall have the right to act for and on behalf of Owner with full and complete authority to perform all obligations, to exercise all rights under the Construction Documents, to appear before each applicable Governmental Authority to resolve issues related to the platting, zoning and use of the Unit Premises, to obtain all Permits, to grant and obtain minor easements for the benefit of any Unit Premises or which are deemed reasonably deemed necessary by Agent for the installation intended use of such Unit Premises, voluntarily to dedicate or operation convey portions of any Unit Premises for road, highway and other public purposes as required in the Ammonia Project good faith judgment of Agent in order to obtain the use of all or part of such Unit Premises for the purposes intended (provided that no such action shall contravene any provision materially adversely affect either the market value of any Ground Lease) in all material respects in accordance with such Unit Premises or the use of such Unit PlansPremises for its intended purpose), appoint, employ and deal with the architects, engineers, consultants and contractors, purchase and arrange for delivery of all materials, supplies, furniture, fixtures, and equipment, and to approve all related vouchers, invoices and statements. Notwithstanding the foregoing, No direct payment by Owner agrees to execute directly any and all such documents which Governmental Authorities do not permit to be exercised pursuant to a power of attorney or as Agent may reasonably deem to be necessary to effect the purposes of this Agreement. No payment shall be made for any property or services of such architects, engineers, consultants, or contractors relating to the acquisition, construction and equipping of any Unit without the prior approval of Agent, and each amount so approved and paid shall be in accordance with the Unit Budget, and shall be part of the Unit Acquisition Cost of such Unit. If Agent has unreasonably delayed or withheld giving the approvals required to make payments to such paymentsPersons that are due, Owner may may, on prior written notice to Agent, make payments to any architects, engineers, consultants, contractors, vendors or suppliers which are properly due and payable in accordance with the contracts with said parties, and any such payment so made shall be and become a part of the Unit Acquisition Cost of the Unit; providedPROVIDED, howeverHOWEVER, that Owner shall not make any such payment if it is subject to a Permitted Contest. Agent agrees that, in any contract entered into pursuant to this Agreement in which Owner is identified as an obligor rather than, or in addition to, Agent, the substance of the text of subsection 18.5 hereof shall be included therein. Owner agrees from time to time to execute and deliver to Agent all such documents and to cooperate with Agent to do all such other acts and things as Agent may reasonably request to enable Agent to perform its obligations under this subsection 2.4, and all costs and expenses incurred by Owner in connection therewith shall be capitalized and included as part of the Unit Acquisition Costs of the applicable Unit or Units.
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