BUILDING CONTRACT. The Borrower shall not substantially modify the Building Contract, directly or indirectly, if, by reason of regulations which apply to a Lender, such modification would make such Lender’s Commitment impossible to fulfil or would change the substance or form of its Commitment. The Borrower may, therefore, submit to the Lenders any proposals for modification which, in its opinion, might have such a consequence, and the Lenders will indicate in a timely manner whether the modification proposed will allow the Loan to be maintained. On or about the last day of each successive period of three (3) months commencing on the date of this Agreement and on the date of the Drawdown Notice, the Borrower undertakes to provide the Agent with a copy of any Change Order entered into during that three (3) month or other period. The Borrower also undertakes to notify the Agent of any change in the Intended Delivery Date as soon as practicable after the change has occurred.
BUILDING CONTRACT. 11.1. The Purchaser has been expressly informed that the property hereby purchased forms part of the development of the township.
11.2. This Agreement is conditional upon the Purchaser concluding a Building Contract with the contractor as set out in clause 12.1.1 below.
11.3. This Agreement forms part of and is indivisibly linked to the Building Contract and should this Agreement be cancelled for any reason whatsoever, the Building Contract will also be cancelled with immediate effect, without any further notice to the Purchaser.
11.4. Should the Building Contract be concluded but thereafter cancelled for any reason whatsoever prior to transfer, this Agreement will also be cancelled with immediate effect, without any further notice to the Purchaser.
11.5. Should the Building Contract, after the property has been registered into the name of the Purchaser, be cancelled for any reason whatsoever, the Seller shall, in its sole and absolute discretion have the right, after giving the Purchaser 7 (seven) days written notice, to retransfer the property from the Purchaser into the name of the Seller -
11.5.1. without prejudice to the Seller’s rights as set out in this Agreement –
11.5.2. at the purchase price set out in clause 3.1;
11.5.3. without the Purchaser becoming entitled to a refund of any costs or interest which he may have paid.
11.6. The Purchaser hereby irrevocably authorises as his attorney and agent, to sign all documents which may be required for such retransfer, on behalf of the Purchaser.
BUILDING CONTRACT. 15.1 The sale is subject thereto that simultaneously with the signing of this Agreement, the Purchaser enter into a building agreement with STADSIG DEVELOPMENT COMPANY (PTY) LTD, Registration Number 2007/019641/07, for the construction of a dwelling on the property for the Purchaser.
15.2 The Seller has nominated the principal agent in terms of the building contract to be ATVANTAGE PROJECT MANAGERS (PTY) LTD.
BUILDING CONTRACT. 37.1 The Developer shall consult with the Council in respect of the appointment of the Building Contractor and the Developer shall make available all material documentation it receives in respect of such proposed appointment. The Developer shall not be required to obtain the Council's approval to the terms of appointment of any Building Contractor unless those terms are not on an arm's length open market basis for developments of a similar nature in which case the Council's approval shall be required but it shall not be unreasonably withheld.
37.2 The Council acknowledges that the Developer may enter into separate Building Contracts for discrete elements of the Scheme or separate Buildings or Plots or Phases in the Developer’s absolute discretion and that such Building Contracts will not all be entered into at the same time.
37.3 The Developer shall appoint the Building Contractor for any Building or Plot or Phase as soon as reasonably practicable in the context of the Programme.
37.4 The Developer shall not without the prior written consent of the Council, which shall not be unreasonably withheld:
37.4.1 vary the terms of or waive its rights under any Building Contract or the appointment of any member of the Professional Team in a way which adversely affects (other than to a minimal degree) the Council’s rights under its Warranty or Third Party Rights; or
37.4.2 release or discharge any Building Contractor or member of the Professional Team from their respective obligations under the relevant Building Contract or appointment in a way which adversely affects (other than to
37.5 The Developer shall not terminate any Building Contract or the appointment of any member of the Professional Team (other than for material breach or Insolvency of the Building Contractor or relevant consultant, when the Council’s consent shall not be required but notice of termination shall be given to the Council as soon as reasonably possible) but if any Building Contract or appointment shall be terminated, the Developer shall as soon as reasonably practicable appoint a substitute Building Contractor or consultant (as applicable) in accordance with the provisions of this agreement and shall procure a fresh Warranty or Third Party Rights from the substitute Building Contractor or consultant (as applicable).
37.6 Upon the Building Contract being entered into the Developer shall within 10 Working Days provide to the Council’s Surveyor a certified true copy of it including any materia...
BUILDING CONTRACT. (a) Charterer shall have access to all specifications, diagrams, charts, plans and drawings for the Vessel. Charterer shall also have the right to participate as an observer in all meetings between Owner (and its Affiliates) and Daewoo and subcontractors and suppliers of Owner and Daewoo related to technical issues and changes to the Specifications. In addition, Charterer shall have the right to receive promptly copies of drafts of the proposed change orders and any correspondence relating thereto and to the technical issues.
(b) Owner shall cause Daewoo to prepare the LNGRV Design Drawings and, present such LNGRV Design Drawings to Charterer for approval. Such LNGRV Design Drawings, once approved by Charterer, shall become part of the Specifications and the Building Contract. Charterer shall have ***** days after receipt of any such drawing to notify Owner in writing as to whether Charterer approves or rejects the drawing. Charterer shall include with its notice of rejection detailed comments explaining the basis for rejection, whereupon Owner shall cause Daewoo to consult with Charterer regarding the issues leading to rejection of the drawings. Charterer’s approval of the drawings will be deemed to be given if Charterer does not notify Owner in writing within the ***** day period described above.
(c) Owner represents and warrants that the Vessel shall be constructed in accordance with the Building Contract and in accordance with specifications, diagrams, charts, plans and drawings provided to Charterer pursuant to Article 32 which specifications, diagrams, charts, plans and drawings shall, unless otherwise agreed between Owner and Charterer, comply with the provisions of this Charter.
(d) Unless the Building Contract has been novated to Lessor in connection with a transfer under section 23.1(b), without Charterer’s consent:
(i) Owner shall not waive any material right of Owner under the Building Contract;
(ii) unless this Charter has been terminated, if Owner pursuant to any right under the Building Contract elects or intends to elect to cancel the Building Contract Owner shall first offer to Charterer an assignment of the Building Contract, Charterer’s decision shall be taken promptly. If Charterer takes such assignment then, in exchange for such assignment, Charterer shall reimburse Owner for amounts that would have been reimbursed by Daewoo for any default under the Building Contract to the extent that such amounts are (A) required to enable Owner to ...
BUILDING CONTRACT. 2.1 The parties enter into a Building Contract at an agreed price as set out in clause 4.1, for the erection and completion of the Works on the property by the CONTRACTOR for and on behalf of the OWNER, on the terms and conditions set out hereinafter;
2.2 This Building Contract is linked to and forms an indivisible part of the Sale Agreement and in the event of -
2.2.1 this Building Contract; or
2.2.2 the Sale Agreement, being cancelled for any reason whatsoever, then the Sale Agreement or this Building Contract (whichever may be applicable) shall also ipso facto be simultaneously cancelled without any further notice being required.
BUILDING CONTRACT. You must notify us if there are any material variations to the building contract or if the construction does not take place in accordance with the building contract.
BUILDING CONTRACT. The contract or agreement between the Developer and the Policyholder in respect of the construction, conversion, refurbishment or renovation of the Housing Unit(s) at the New Development.
BUILDING CONTRACT. A copy, certified by an authorised signatory to be a true and complete copy, of the Building Contract.
BUILDING CONTRACT. 1. The liability of Xxxxx with regard to the Building Contract is limited to the representation and warranty that the Building Contract is validly concluded by Xxxxx and has not been amended or changed since then except for the amendments set out in Exhibit VI. Any future amendment to the Building Contract requires Seaspan’s prior written consent.
2. It is herewith expressly agreed between Xxxxx and Seaspan that Seaspan shall have no warranty claim whatsoever in regard of the condition of the Vessel against Xxxxx. In this context, ‘warranty claims’ shall mean any claims whatsoever on account of any deficiency of the Vessel including any documentation, spare parts, equipment and absolutely everything belonging to the Vessel that was part of the deliveries of the Builder under the Building Contract.
3. Seaspan expressly acknowledges that it has received the Building Contract and all connected documents as set out in Exhibit VI and expressly accepts them.
