Common use of Certifications, Representations and Warranties Clause in Contracts

Certifications, Representations and Warranties. Each request for disbursement by Borrower shall constitute (a) Borrower’s certification that the representations and warranties contained in Article 6 below are true and correct in all material respects as of the date of such request, (b) Borrower’s certification that Borrower is in compliance with the conditions contained in this Article 5, and (c) Borrower’s representation and warranty to Lender, with respect to the Work, materials and other items for which payment is requested that (i) such Work and materials have been incorporated into the Project (except for stored materials approved by Lender pursuant to Section 5.12 below), free and clear of liens, claims and encumbrances, (ii) the value thereof is as estimated therein, (iii) such Work and materials substantially conform to the Plans and Specifications, this Agreement and all Applicable Laws, and (iv) the requisitioned value of such Work and materials and the amounts of all other items of cost for which payment is requested by Borrower have theretofore been in fact paid for in cash by Borrower or the same are then due and owing by Borrower and (unless Lender disburses funds directly to the parties performing the Work or to the Title Company) will in fact be paid in cash by Borrower within five days after Borrower’s receipt of the requested disbursement. Neither review nor approval by Lender of requests for disbursement or any information contained therein or any other information provided to Lender in accordance with the other provisions of this Article 5 shall constitute the acceptance or approval by Lender of any portion of the Work.

Certifications, Representations and Warranties. Each request for disbursement by Borrower shall constitute (a) Borrower’s 's certification that the representations and warranties contained in Article 6 below are true and correct in all material respects as of the date of such request, (b) Borrower’s 's certification that Borrower is in compliance with the conditions contained in this Article 5, and (c) Borrower’s 's representation and warranty to Lender, with respect to the Work, materials and other items for which payment is requested that (i) such Work and materials have been incorporated into the Project (except for stored materials approved by Lender pursuant to Section 5.12 below)Project, free and clear of liens, claims liens and encumbrances, (ii) the value thereof is as estimated therein, (iii) such Work and materials substantially conform to the Plans and Specifications, this Agreement and all Applicable Laws, and (iv) the requisitioned value of such Work and materials and the amounts of all other items of cost for which payment is requested by Borrower have theretofore been in fact paid for in cash by Borrower or the same are then due and owing by Borrower and (unless Lender disburses funds directly to the parties performing the Work or to the Title Company) will in fact be paid in cash by Borrower within five days after Borrower’s 's receipt of the requested disbursement. Neither review nor approval by Lender of requests for disbursement or any information contained therein or any other information provided to Lender in accordance with the other provisions of this Article 5 shall constitute the acceptance or approval by Lender of any portion of the Work.

Certifications, Representations and Warranties. Each request for disbursement by Borrower shall constitute (a) Borrower’s 's certification that the representations and warranties contained in Article 6 5 below are true and correct in all material respects as of the date of such request, (b) Borrower’s 's certification that Borrower is in compliance with the conditions contained in this Article 54, and (c) Borrower’s 's representation and warranty to LenderAgent, with respect to the Work, materials and other items for which payment is requested that (i) such Work and materials have been incorporated into the Project (except for stored materials approved by Lender pursuant to Section 5.12 below)Project, free and clear of liens, claims liens and encumbrances, (ii) the value thereof is as estimated therein, (iii) such Work and materials substantially conform to the Plans and Specifications, this Agreement and all Applicable Lawsapplicable statutes, laws, ordinances, rules and regulations, and (iv) the requisitioned value of such Work and materials and the amounts of all other items of cost for which payment is requested by Borrower have theretofore been in fact paid for in cash by Borrower or the same are then due and owing by Borrower and (unless Lender Agent disburses funds directly to the parties performing the Work or to the Title Company) will in fact be paid in cash by Borrower within five days after Borrower’s 's receipt of the requested disbursement. Neither review nor approval by Lender Agent of requests for disbursement or any information contained therein or any other information provided to Lender Agent in accordance with the other provisions of this Article 5 4 shall constitute the acceptance or approval by Lender Agent of any portion of the WorkWork or any such information except for the purpose of making the requested disbursement.

Certifications, Representations and Warranties. Each request for disbursement a Loan Advance by Borrower shall constitute (a) Borrower’s certification that the representations and warranties contained in Article Section 6 below are true and correct in all material respects as of the date of such request, (b) Borrower’s certification that Borrower is in compliance with the conditions contained in this Article Section 5, and (c) Borrower’s representation and warranty to LenderAdministrative Agent, with respect to the Work, materials and other items for which payment is requested that (i) such Work and materials for which Loan proceeds were previously disbursed have been incorporated into the Project (except for stored materials approved by Lender pursuant to or otherwise satisfy the terms and conditions of Section 5.12 below5.1(l) hereof), free and clear of liens, claims and encumbrances, (ii) the value thereof is as estimated therein, (iii) such Work and materials substantially conform to the Plans and Specifications, this Agreement and all Applicable Laws, and (iv) the requisitioned value of such Work and materials and the amounts of all other items of cost for which payment is requested by Borrower have theretofore been in fact paid for in cash by Borrower or the same are then due and owing by Borrower and (unless Lender disburses funds directly to the parties performing the Work or to the Title Company) will in fact be paid in cash by Borrower within five ten (10) days after Borrower’s receipt of the requested disbursementLoan Advance. Neither review nor approval by Lender Administrative Agent of requests for disbursement or any information contained therein or any other information provided to Lender Administrative Agent in accordance with the other provisions of this Article Section 5 shall constitute the acceptance or approval by Lender Administrative Agent of any portion of the Work.

Certifications, Representations and Warranties. Each request for disbursement by Borrower shall constitute (a) Borrower’s 's certification that the representations and warranties contained in Article 6 5 below are true and correct in all material respects as of the date of such request, (b) Borrower’s 's certification that Borrower is in compliance with the conditions contained in this Article 54, and (c) Borrower’s 's representation and warranty to Lender, with respect to the Work, materials and other items for which payment is requested that (i) such Work and materials have been incorporated into the Project (except for stored materials approved by Lender pursuant to Section 5.12 below)Project, free and clear of liens, claims liens and encumbrances, (ii) the value thereof is as estimated therein, (iii) such Work and materials substantially conform to the Plans and Specifications, this Agreement and all Applicable Lawsapplicable statutes, laws, ordinances, rules and regulations, and (iv) the requisitioned value of such Work and materials and the amounts of all other items of cost for which payment is requested by Borrower have theretofore been in fact paid for in cash by Borrower or the same are then due and owing by Borrower and (unless Lender disburses funds directly to the parties performing the Work or to the Title Company) will in fact be paid in cash by Borrower within five days after Borrower’s 's receipt of the requested disbursement. Neither review nor approval by Lender of requests for disbursement or any information contained therein or any other information provided to Lender in accordance with the other provisions of this Article 5 4 shall constitute the acceptance or approval by Lender of any portion of the WorkWork or any such information except for the purpose of making the requested disbursement.