Additional Work by Stadco. (a) Changes, Alterations, and Additional Improvements. Subject to the limitations and requirements contained elsewhere in this Agreement, StadCo shall have the right at any time and from time to time to construct additional or replacement Improvements on the Premises, including Capital Improvements and Capital Repairs (collectively, “Additional Improvements”), at its sole cost and expense. StadCo shall have the right to receive payment or reimbursement pursuant to Section 7.7 (Creation of and Distribution from Stadium Authority Capital Projects Fund) or 7.8 (Creation of and Distributions from StadCo Capital Projects Fund) of this Agreement as applicable, and to make, at its sole cost and expense, but subject to StadCo’s right to receive payment or reimbursement pursuant to Section 7.7 (Creation of and Distribution from Stadium Authority Capital Projects Fund) or 7.8 (Creation of and Distributions from StadCo Capital Projects Fund) of this Agreement as applicable, changes and alterations in, to or of the Improvements, subject, however, in all cases to the terms, conditions, and requirements of this Section 8.1 (Additional Work by StadCo). For purposes of this Agreement, “Additional Work” collectively shall refer to (i) construction or installation of any such Additional Improvements and changes and alterations in, to or of the Improvements under this Section 8.1 (Additional Work by StadCo), (ii) any Casualty Repair Work, (iii) any Emergency Repairs, (iv) the StadCo Remedial Work or (v) any other construction, installation, repair or removal work in, to or of the Improvements required or permitted to be pursuant to the terms of this Agreement. The performance of Additional Work shall, in all cases, comply with the requirements of this Section 8.1 (Additional Work by StadCo). To the extent required by the Act, StadCo shall require that any contract or other agreement entered into by a prime contractor selected for the performance of any Additional Work must include the provisions required by subsection 1 of Section 26 of the Act. Notwithstanding anything to the contrary contained herein, if the Authority does not Approve of any Work (including Material Additional Work) proposed by StadCo, the Authority shall not have the right to declare an Event of Default under this Agreement based on StadCo’s failure to comply with any term of this Agreement (including any obligation to maintain the Stadium to any of the standards set forth in Section 7.6(a) (Repairs and M...
Additional Work by Stadco.
(a) Changes, Alterations and Additional Improvements. Subject to the limitations and requirements contained elsewhere in this Agreement, StadCo shall have the right at any time and from time to time to construct additional or replacement Improvements on the Premises, including Capital Improvements and Capital Repairs (collectively, “Additional Improvements”), at its sole cost and expense, but subject to StadCo’s right to receive payment or reimbursement pursuant to Section 7.7 or 7.8 of this Agreement as applicable, and to make, at its sole cost and expense, but subject to StadCo’s right to receive payment or reimbursement pursuant to Section 7.7 or 7.8 of this Agreement as applicable, changes and alterations in, to or of the Improvements, subject, however, in all cases to the terms, conditions and requirements of this Section 8.1. For purposes of this Agreement, “Additional Work” collectively shall refer to (i) construction or installation of any such Additional Improvements and changes and alterations in, to or of the Improvements under this Section 8.1, (ii) any Casualty Repair Work, (iii) any Emergency Repairs, (iv) the StadCo Remedial Work or (v) any other construction, installation, repair or removal work in, to or of the Improvements required or permitted to be pursuant to the terms of this Agreement. The performance of Additional Work shall, in all cases, comply with the requirements of this Section 8.1. To the extent required by the Act, StadCo shall require that any contract or other agreement entered into by a prime contractor selected for the performance of any Additional Work must include the provisions required by Section 31.5 of the Act.
Additional Work by Stadco