Certificate of Architect. 25.1. Architect certifies that the Architect is properly certified or licensed under the laws and regulations of the State of California to provide the professional services that it has herein agreed to perform.
Certificate of Architect. Borrower has received a Certificate of Architect from the Architect who prepared the Plans addressed to Borrower and stating that (i) any necessary soil testing has been performed, and soil conditions are satisfactory for the structural support of the Financed Improvements; (ii) that there is adequate ingress and egress to the Applicable Resort and the Financed Improvements; (iii) that the Plans have been approved by all applicable governmental authorities, meet all state construction, energy conservation, and Environmental Laws, and comply with all federal laws and regulations adopted pursuant to the Fair Housing Act of 1968 (as amended), the Americans with Disabilities Act of 1990, and all other Applicable Laws; (iv) that provisions have been made for the handicapped in accordance with all state and local ordinances, rules, and regulations; (v) that the zoning is proper; (vi) that all utilities necessary to service the Financed Improvements and the Applicable Resort are available with adequate capacity; and (vii) that all required governmental permits and approvals have been obtained; and such additional items as may reasonably be required by Borrower or Lender.
Certificate of Architect. If the Premises or the Building are damaged and there is a dispute as to the length of time required to repair or rebuild the Building or the Premises, or as to the cost of repairing or rebuilding the Building, or as to whether the Premises or a substantial part of the Premises are rendered not reasonably capable of use by the Tenant for the conduct of its business or have once again become capable of such use, the dispute will be settled, at the cost of the Tenant, by the Architect and his or her certificate will be conclusive.
Certificate of Architect. A certificate of the Architect or the inspecting licensed, professional engineer selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned, for such Construction Work shall be submitted to Depositary and Landlord stating that:
Certificate of Architect. Architect certifies that the Architect is properly certified or licensed under the laws and regulations of the State of California to provide the professional services that it has herein agreed to perform. Architect certifies that it is aware of the provisions of the California Labor Code that require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with those provisions before commencing the performance of the Services of this Agreement. Architect certifies that it is aware of the provisions of California Labor Code and California Code of Regulations that require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). Since the Architect is performing Services as part of a “public works” or “maintenance” project, and since the total compensation is one thousand dollars ($1,000) or more, the Architect agrees to fully comply with and to require its Consultant(s) to fully comply with all requirements of the Prevailing Wage Laws.
Certificate of Architect. Certificate of Architect preparing the Plans and Specifications addressed to Lender and stating that the Plans and Specifications have been approved by all governmental authorities, meet all State construction, energy conservation, and environmental codes and meet all applicable Federal laws and regulations adopted pursuant to the Fair Housing Act of 1968 (as amended) and the Americans with Disabilities Act of 1990; that provisions have been made for the handicapped in
Certificate of Architect. A Certificate of the Architect that the renovation of the Existing Facility and construction of the New Facility have been completed in accordance with the Plans and Specifications and that the renovation of the Existing Facility and construction of the New Facility comply with all applicable Requirements Governmental Approvals and are in all respects ready for occupancy.
Certificate of Architect. If the Building is damaged and there is a dispute as to the length of time required to repair or rebuild the Building or restore any part of the Premises, or as to the cost of repairing or rebuilding the Building, or as to whether the Premises or a substantial part of the Premises are rendered not reasonably capable of use by the Tenant for the conduct of its business or have once again become capable of such use, the dispute will be settled, at the cost of the Tenant (if the Landlord's position is confirmed), by an independent architect appointed by the Landlord and his certificate will be conclusive. Otherwise the cost will be paid by the Landlord.
Certificate of Architect. Administrative Agent shall have received a certificate from Architect, substantially in the form of EXHIBIT J hereto, certifying (i) that after giving effect to the applicable Advance, the estimated as yet unpaid cost to the Construction Agent of completing the Construction pursuant to the Construction Documents will not exceed the aggregate Available Commitments, net of any portion of the aggregate Available Commitments that shall be allocated for Advances in respect of Capitalized Interest, Capitalized Yield, and Fees; (ii) that the Leased Property is being improved in a good and workmanlike manner and in accordance with the Approved Plans and Specifications, and the contemplated use thereof by Lessee will comply with Requirements of Law (including all zoning and land use laws and Environmental Laws); (iii) the stage and percentage of completion which has been achieved by each of the various trades engaged in the construction of the Financed Improvements, and that the Construction is proceeding in accordance with the Approved Construction Schedule; and (iv) that the amount of the Advance (other than amounts attributable to Capitalized Interest, Capitalized Yield or amounts used to fund Fees or Transaction Expenses) is not greater than the actual value of the materials incorporated into the Financed Improvements and the work and labor performed in connection therewith.
Certificate of Architect. If the Premises or the Building are damaged and there is a dispute as to the length of time required to repair or rebuild the Building or the Premises, or as to the cost of repairing or rebuilding the Building, or as to whether the Premises or a substantial part of the Premises are rendered not reasonably capable of use by the Tenant for the conduct of its business or have once again become capable of such use, the parties shall submit the disputed matter to the Architect whose fee shall be borne equally by the Landlord and the Tenant and whose decision shall, except for manifest error and except as to determinations of interpretation of this Lease, be final and binding on the parties.
