Change in Construction of Improvements Sample Clauses

Change in Construction of Improvements. (a) If Developer desires to make any material change in the Improvements which are not substantially consistent with the Construction Plans, Developer shall submit the proposed change to the City for its approval. No change which is required for compliance with building codes or other government health and safety regulations shall be deemed material. If the Improvements, as modified by any such proposed change, will conform to the requirements of this Agreement, and the Construction Plans, the City shall approve the change by notifying Developer in writing. For purposes of this Section 4.2, a material change shall mean any change which is expected to substantially alter the appearance of the Development or which is expected to result in an individual change of Two Hundred Thousand Dollars ($200,000) or a cumulative change of Four Hundred Thousand Dollars ($400,000), or more, in the cost of construction of the Improvements. (b) Unless a proposed change is rejected by the City within ten (10) working days (excluding City and other legal holidays), it shall be deemed approved. If rejected within such time period, the previously approved Construction Plans shall continue to remain in full force and effect. If the City rejects a proposed change, it shall provide Developer with the specific reasons therefor and the Developer shall have the right to revise and resubmit its proposal to City. (c) The approval of changes in the Construction Plans by the City pursuant to this Section shall be in addition to any approvals required to be obtained from the City pursuant to building permit requirements or the conditions of approval. Approval of changes in the Construction Plans by the City shall not constitute approval of building permit requirements or conditions of approval by the City and shall in no way limit the City's discretion in approving changes to the building permits or conditions of approval.
Sample 1
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Change in Construction of Improvements. (a) If the Developer desires to make any material change in the Improvements which are not substantially consistent with the Final Construction Drawings, the Developer must submit the proposed change to the County for its approval. No change which is required for compliance with building codes or other government health and safety regulation will be deemed material. If the Improvements, as modified by any such proposed change, will conform to the requirements of this Agreement, the County will approve the change by notifying the Developer in writing. For purposes of this Section, a material change means any change which is expected to substantially alter the external appearance of the Development (including any color change), reduce, or otherwise alter, the number of units in the Development, or which is expected to result in an individual change of Fifty Thousand Dollars ($50,000) or a cumulative change of One Hundred Thousand Dollars ($100,000), or more, in the cost of construction of the Improvements. In addition, any change order that will materially reduce the costs of construction of the Improvements (due to value engineering, or any other cause) must be submitted to the County for approval. The County will approve such change order provided that the County has determined (in the County's reasonable discretion) that such change order will not substantially change the quality of the Improvements and provided further that the Developer provides the County information, reasonably requested by the County, to document the effect of such change order (including, but not limited to any cost savings, and the effect on the quality of the Improvements). (b) The County must use good faith best efforts to either approve or disapprove a proposed change within three (3) business days following the County's receipt of the proposed change. If disapproved, the previously approved Final Construction Drawings will continue to remain in full force and effect. If the County rejects a proposed change, the County must provide the Developer with the specific reasons therefor. (c) The approval of changes in the Final Construction Drawings by the County pursuant to this Section are in addition to any approvals required to be obtained from the County pursuant to building permit or other requirements. As set forth in Section 9.14, approval of changes in the Final Construction Drawings by the County under this Agreement will not constitute approval by the County in its land use,...
Sample 1
Change in Construction of Improvements. ‌ (a) Developer shall construct the Development in conformance with the approved Plans and Specifications. Developer shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the approved Plans and Specifications. A written change order authorized by the County must be obtained before any of the following changes, additions, or deletions in work for the Development may be performed: (1) any change in the work the cost of which exceeds Seventy-Five Thousand Dollars ($75,000); or (2) any set of changes in the work the cost of which cumulatively exceeds Two Hundred Fifty Thousand Dollars ($250,000). (b) Consent to any additions, changes, or deletions to the work do not relieve or release Developer from any other obligations under this Agreement, or relieve or release Developer or its surety from any surety bond. No change which is required for compliance with building codes or other government health and safety regulations shall be deemed material.
Sample 1
Change in Construction of Improvements. If the Developer desires to make any material change in the Building Improvements which are not substantially consistent with the Conceptual Development Documents, the Developer shall submit the proposed change to the Director for its approval, which shall not be unreasonably withheld, delayed, or conditioned. No change which is required for compliance with building codes or other government health and safety regulations shall be deemed material. If the Building Improvements, as modified by any such proposed change, will substantially conform to the requirements of this Agreement, and the Conceptual Development Documents, the Director shall approve the change by notifying the Developer in writing. Unless a proposed change is rejected by the Director within ten (10) working days, it shall be deemed approved. If rejected within such time period, the previously approved Conceptual Development Documents shall continue to remain in full force and effect. If the Director rejects a proposed change, the Developer shall provide the Developer with the specific reasons therefore. The approval of changes in the Conceptual Development Documents by the Director pursuant to this Section, if any, shall be in addition to any approvals required to be obtained from the County Public Works Department pursuant to building permit requirements or any Applicable Laws. Approval of changes in the Conceptual Development Documents by the Director pursuant to this Section (if any), in its capacity as the seller of the Property as set forth in this Agreement, shall not constitute approval by the County Public Works Department or any other Governmental Authority, and shall in no way limit the County's discretion in its capacity as a Governmental Authority.
Sample 1

Related to Change in Construction of Improvements

  • Construction of Improvements Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor. 8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice. 8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor. 8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements. 8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority. 8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.

  • Condition of Improvements The risk of destruction or substantial damage by fire or Act of God prior to delivery of deed is assumed by Seller. Xxxxxx agrees that on possession, the Real Estate shall be in the same condition as it is on the date of this contract, except for ordinary wear and tear. If the Real Estate should be damaged or destroyed by fire or other casualty and if, prior to Closing, the real Estate shall not be repaired or restored by and at the Sellers expense, to a condition as good as it was prior to the damage or destruction, then Purchaser, at his option, may terminate this contract by written notice to Seller and the Down Payment Shall be returned to Purchaser. While this contract is pending, Sellers shall not change any existing lease or enter into any new lease, nor make any substantial alterations or repairs without the consent of the Purchaser. In addition, the Purchaser also has an insurable interest in the property from date of this contract. Purchaser is hereby notified that insurance should be placed upon the property immediately to protect Purchasers’ interest.

  • Completion of Improvements Within 90 days of completion of any construction herein permitted, Company will cause to be prepared and delivered to Authority record documents as required under the Tenant Work Permit process, including but not limited to as-builts, legal descriptions, boundary surveys, and certified final cost of construction. The submission of record document electronic media will be in accordance with Authority’s Standard Procedure for computer aided design and drafting and drawings, as may be revised from time to time.

  • ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision.

  • Neutral Construction Neither party hereto may rely on any drafts of this Agreement in any interpretation of the Agreement. Both parties to this Agreement have reviewed this Agreement and have participated in its drafting and, accordingly, neither party shall attempt to invoke the normal rule of construction to the effect that ambiguities are to be resolved against the drafting party in any interpretation of this Agreement.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • New Construction If this contract is for a Property that is newly constructed and the new construction option is selected, coverage begins on day one (1) of month thirteen

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