CHANGE REQUESTED BY BUYER Sample Clauses

CHANGE REQUESTED BY BUYER. Subject to the limitations in subsection 3.7.4.1 concerning changes to the Final Building Shell Plans, if BUYER requests any changes to the Improvements from Development Plan (EXHIBIT "5"), the Building Shell Specifications (EXHIBIT "1") or the Development Cost Breakdown(EXHIBIT "4"), which have been approved by BUYER, any such changes shall be made in writing (a "Change Request") and shall be in accordance with applicable Legal Requirements. SELLER's approval of such Change Request shall not be required, except that SELLER shall have the right to disapprove, in its sole discretion, any proposed changes to the Improvements which (a) adversely alter or otherwise adversely affect any structural component of the Building, (b) in the case of Interior Improvements, are visible from the exterior of the Building, (c) would require materials which are not readily available or customarily and ordinarily used in similarly situated construction work where the procurement of such materials would cause a delay in Substantial Completion unless BUYER authorizes the same in writing as a BUYER's Delay, (d) specify materials that are not at least of comparable quality to those recommended in the Plans submitted by SELLER or (e) in the case of the Building Shell Improvements, is not approved by SELLER in accordance with subsection 3.7.4.1 below. SELLER shall respond within ten (10) days after receipt of any request to change the Plans in which to approve or disapprove in writing such change. If SELLER disapproves such proposed change, it shall state with specificity the reasons for such disapproval. SELLER and BUYER shall promptly negotiate in good faith in an effort to resolve the grounds for such disapproval. If BUYER and SELLER are unable to resolve the dispute regarding any Change Request within five (5) days or such extended time as they may agree, then either BUYER or SELLER may submit the matter to Arbitration in accordance with section 35 below. Within ten (10) days from the later of delivery of the Change Request or the issuance of the Arbitration Award, as applicable, SELLER shall provide to BUYER a good faith, reasonable estimate of the net additional costs of the additional Interior Improvement Work (the "Change Work") (including estimated additional Design Costs, permits and inspection fees) required to comply with the Change Request and after crediting any savings resulting from the Change Request ("Change Cost Proposal"). Within five (5) days from the delivery...
Sample 1
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Related to CHANGE REQUESTED BY BUYER

  • By Buyer At Closing, Buyer shall deliver to Seller the following:

  • Delivery by Buyer At or before the Closing, Buyer shall deliver to Seller the following:

  • Indemnity by Purchaser The Purchaser understands and acknowledges that the Company, its officers, directors, attorneys and agents are relying upon the representations, warranties and agreements made by the Purchaser to and with the Company herein and, thus hereby agrees to indemnify the Company, its officers and directors, agents, attorneys, and employees, and agrees to hold each of them harmless against any and all loss, damage, liability or exposure, including reasonable attorneys fee, that it or any of them may suffer, sustain, or incur by reason of or in connection with any misrepresentation or breach of warranty or agreement made by the Purchaser under this Agreement, or in connection with the sale or distribution by the Purchaser of the Shares in violation of the Act or any other applicable law.

  • Indemnity by Buyer Buyer hereby agrees to indemnify and hold harmless Sellers and the Company, any and all of their respective officers, directors, managers, members, agents and other Affiliates (the “Seller Parties”) from and against any Losses which may be made or brought against the Seller Parties or which the Seller Parties may suffer or incur as a result of, in respect of or arising out of:

  • Buyer’s Deliveries At the Closing, Buyer shall deliver the following to Seller:

  • Closing Deliveries by Buyer At the Closing, Buyer shall deliver or cause to be delivered to Seller:

  • Seller’s Deliveries At the Closing, Seller shall deliver to Buyer the following:

  • Closing Deliveries by Purchaser At the Closing, Purchaser shall deliver to Seller:

  • Deliveries by Buyer At the Closing, Buyer shall deliver to Seller the following:

  • By Purchaser Purchaser represents and warrants to Seller that:

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