Utility Availability Clause Samples
The Utility Availability clause defines the obligations and expectations regarding the provision and reliability of essential utilities, such as water, electricity, and gas, at a property or project site. Typically, it specifies which party is responsible for ensuring that utilities are connected and operational, and may outline procedures or remedies if there are interruptions or failures in service. This clause is crucial for clarifying responsibility and minimizing disputes related to utility access, thereby ensuring that operations or occupancy can proceed smoothly without unexpected disruptions.
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Utility Availability. ▇▇▇▇▇ ▇▇▇▇▇ has determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of Phase 1(A) in accordance with the terms and conditions of this Trail Agreement.
Utility Availability. As of expiration of the Diligence Period, Developer shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.
Utility Availability. The Construction Consultant shall have become satisfied, as certified to in the Construction Consultant's Closing Certificate, that arrangements, which are reflected accurately in the Project Budget, shall have been or will be made under the Material Project Documents or otherwise on commercially reasonable terms for the provision of all utilities necessary for the construction, operation and maintenance of the Project as contemplated by the Operative Documents and the Plans and Specifications.
Utility Availability. Subject only to payment of fees to be paid from the Approved Budget, all utility and municipal services required for the construction, occupancy and operation of the Improvements, including, but not limited to, water supply, storm and sanitary sewer systems, gas, electric and telephone facilities, are available for use and tap-in at the boundaries of the Property and will be available in sufficient amounts for the normal and intended use of the Improvements, and written permission has been or will be obtained from the applicable utility companies or municipalities to connect the Improvements into each of said services.
Utility Availability. Developer, at its expense, shall have determined that gas, water, electricity, telephone, internet, storm and sanitary sewer, and other utility services in adjoining public rights-of-way or properly granted and recorded utility easements are serving or will serve the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with terms and conditions of this Agreement.
Utility Availability. This Contract is contingent upon (strike one) Buyer obtaining / Seller delivering evidence, on or before 66 , 20 , that the following utilities serve the Property in a manner and in a location reasonably acceptable to Buyer
Utility Availability. Prior to the Closing, ▇▇▇▇▇▇▇▇ shall have determined, in its sole discretion, that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are or will be: (i) in adjoining public rights-of-way or properly granted utility easements, and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.
Utility Availability. Arrangements reflected accurately and completely in the Construction Budget have been made under the Construction Contract, the Supply Contract, the BOT Agreement or otherwise on commercially reasonable terms for the provision of all services, materials and utilities reasonably necessary for the construction of the Project.
Utility Availability. Evidence reasonably satisfactory to Lender that each Parcel is served by all utilities deemed reasonably necessary by Lender for operation of the Parcel, together with evidence reasonably satisfactory to Lender confirming that all utility lines are placed within easements and that no improvements encroach on any such utility easements, which evidence may be provided by the Borrower's existing surveys of the Property.
Utility Availability. Subject only to payment of fees to be paid upon the approved budget, all utility and municipal services required for the construction, occupancy and operation of Agrinatural’s facilities and assets, including, but not limited to, water supply, gas, electric and telephone facilities, are available for use and tap-on at the boundaries of the Sites, and shall be available in sufficient amounts for the normal and intended use of the facilities. Written permission has been or shall be obtained from the applicable utility companies or municipalities to connect the facilities into each of these services. The above warranties and representations shall be deemed continuing, fully binding and enforceable by Heron Lake until all indebtedness owed by Agrinatural to Heron Lake is paid in full.