As-Built Survey. At the time of the first Advance Request occurring after completion of the foundation work for each phase of the Project, the Company shall cause an updated as-built survey to be delivered to the Construction Consultant and the Disbursement Agent satisfactory in form and substance to the Title Insurer and each Funding Agent and otherwise complying with the requirements of clauses (a) through (f) of Section 3.1.27. The Disbursement Agent shall be entitled to rely upon the certification of the Company in the relevant Advance Request or, if applicable, in the Company's Opening Date Certificate or Completion Certificate, in determining that this condition has been satisfied unless the Disbursement Agent shall have actual knowledge that the Company's certification is inaccurate.
As-Built Survey. Two (2) copies of a final as-built survey of the Land and Improvements satisfactory to the Administrative Agent.
As-Built Survey. Within 60 days after Final Completion of the Project at each Site, the Company shall deliver to the Collateral Agent, each of the Holders and the Independent Engineer a Site survey constituting an as-built survey reflecting all Improvements to the Real Property in connection with the construction of the Project, and each such Site survey shall be subject to approval by the Independent Engineer.
As-Built Survey. A survey of the Property (the "As-Built Survey") prepared by a licensed surveyor or civil engineer in sufficient detail to provide for the Title Policy, certified to Buyer and the Title Company, and conforming to the guidelines set forth on Exhibit "D," attached hereto and incorporated herein, without material boundary, encroachment, or survey exceptions.
As-Built Survey. Borrower shall have delivered and the County shall have approved a final, as-built ALTA survey for the Project showing the location of all improvements in and to the Project as well as (i) all “setbacks” and other restrictions applicable to the Project pursuant to requirements of applicable public authorities (ii) all easements, licenses and other rights of way, (iii) shows no encroachments onto the Project or from the Project onto adjoining property and (iv) certifies the legal description of the Project as insured in the title policy.
As-Built Survey. At the time of the first Advance Request occurring after completion of the foundation work for each Project, the Company shall cause an updated as-built survey to be delivered to the Construction Consultant and the Disbursement Agent satisfactory in form and substance to the Title Insurer and the Disbursement Agent.
As-Built Survey. Within 120 days after the Project Phase 2 Completion Date, Borrower shall deliver to the Intercreditor Agent an as-built survey of the LNG Facility Site and the LNG Facility located on it in accordance with and meeting all requirements and information required for the initial survey referred to in Section 4.1(j)(i) (Conditions to Initial Closing Date and Initial Advance – Real Property).
As-Built Survey. The Lease is hereby amended to add thereto as new Exhibit “I” the As-Built Survey attached hereto as Exhibit “I”.
As-Built Survey. Within ten (10) business days after the first anniversary of the Rent Commencement Date, Purchaser may obtain an update to the Survey or an as-built version of the Survey depicting all of the Improvements on the Units (the “Updated Survey”). The Survey shall be prepared by a land surveyor duly licensed and registered as such in the State of North Carolina, shall be certified by such surveyor to Purchaser, Purchaser’s counsel, Seller, Seller’s counsel and the Title Company, shall set forth the legal description of the Units and shall otherwise be in a form satisfactory to the Title Company to eliminate the standard survey exceptions from the Title Policy to be issued at Closing. Purchaser shall have a period of ten (10) days after receipt of the Updated Survey to notify Seller in writing of any new Title Defects that were not previously disclosed or set forth on the Survey (or on the survey provided by Seller to Purchaser pursuant to Section 3.2(a)(v) if Purchaser does not obtain the Survey pursuant to Section 3.(e)) and which adversely affect the title to the Units or constitute a zoning violation (“New Survey Objections”). Seller shall, within ten (10) days after Seller’s receipt of Purchaser’s notice of New Survey Objections, respond to Purchaser in writing that Seller either (i) agrees to cure such New Survey Objections at no cost or expense to Purchaser (collectively, the “Survey Cure Actions”), or (ii) does not agree to undertake the Survey Cure Actions. In the event Seller elects option (ii) above, Purchaser shall have then have the option to either (a) proceed with Closing notwithstanding the New Survey Objections and in such event the parties shall proceed with Closing, subject to the terms and conditions of this Agreement, or (b) terminate this Agreement whereupon Escrow Agent shall promptly refund to Purchaser the Exxxxxx Money, and upon such termination the parties shall have no further obligations or liability hereunder except for those which expressly survive termination. Purchaser shall provide Seller with written notice of Purchaser’s election, if any, within ten (10) days after Purchaser’s receipt of Seller’s written response, failing which it shall be deemed that Purchaser has elected option (b) above. In the event Seller elects option (i) above, Seller shall have thirty (30) days, or such longer period as Purchaser may grant in its sole and absolute discretion, following receipt of written notice of the existence of the New Survey Objecti...
As-Built Survey. Each Party, upon the request of any other Party, shall enter into one or more separate agreements in recordable form setting forth in legally sufficient detail the easements, rights-of-way and other rights and interests provided for in, or granted (or required to be granted) pursuant to, this Agreement. In addition, upon completion of construction of each of the Palazzo and the Phase II Automobile Parking Area, H/C II Owner, as applicable, shall, at its sole cost and expense, have an as-built survey prepared by a reputable licensed surveyor of the applicable portion of the Phase II Land, together with all improvements constructed thereon and a copy of such survey will be sent to each Owner and to each Owner's Mortgagees.
