Compliance with Plans and Specifications. Before commencement of any ---------------------------------------- change, alteration, restoration or construction (hereinafter sometimes referred to as "Work") involving in the aggregate an estimated cost of more than Fifty Thousand Dollars ($50,000.00) or which, in Landlord's reasonable judgment, would materially alter the mechanical, structural or electrical components of the Demised Premises, Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (ii) obtain Landlord's prior written consent, which consent shall not be unreasonably withheld; (iii) obtain Landlord's prior written approval of a licensed architect or licensed professional engineer selected and paid for by Tenant who shall approve any such work (hereinafter referred to as "Alterations Architect or Engineer"); (iv) obtain Landlord's prior written approval (which shall not be unreasonably withheld or delayed) of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer and of each amendment and change thereto, and (v) for any Work involving in the aggregate an estimated cost of more than One Hundred Thousand Dollars ($100,000.00), furnish to Landlord a surety company performance bond issued by a surety company licensed to do business in the state in which the Demised Premises are located and reasonably acceptable to Landlord in an amount equal to the estimated cost of such work guaranteeing the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic's liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord. Tenant shall retain Contractor as the general contractor for the build-out of any portion of the Demised Premises which are left in "shell" condition as of the Commencement Date, provided Contractor's contract is on substantially the same terms as described in Section 2.12 of this Lease.
Compliance with Plans and Specifications. If the Lender or the Lessor should at any time determine that any part of the work performed on, or materials incorporated into, any Improvements does not comply in any material respect with the related Plans and Specifications, whether or not the Development Cost of any such work or materials shall have been included in a Funding Requisition theretofore made, then Lender or Lesser, as the case may be, shall give notice thereof to the Lessee and neither the Lender nor the Lessor shall have any obligation to make any further Advances until such work is corrected, or material is changed, to comply with such Plans and Specifications and the Lender and the Lessor have received satisfactory evidence to them of such change and compliance, and Lender and the Lessor shall respectively have the right to offset against the amount of any subsequent Advance the cost of the nonconforming work or materials included in prior Fundings. Notwithstanding the foregoing, the Lender and the Lessor shall continue to make Advances for other work and materials if, prior to the determination by the Lender or the Lessor of such nonconformance, the Lessee and/or the Architect therefor have previously made a similar determination, and the Lessee has delivered to the Lender and the Lessor evidence reasonably satisfactory to the Lender and the Lessor that the General Contractor therefor has agreed to correct such work or to change such materials without requesting an Advance for the cost thereof, and the General Contractor diligently pursues such work and changes to completion within 90 days after the determination of the need for corrective action;
Compliance with Plans and Specifications. The City shall provide the Operator with facilities substantially in compliance with the Plans and Specifications approved by City and Operator, subject to any amendments thereto. Any proposed changes to the Plans and Specifications, as they exist at the time of the execution of this Agreement, shall be subject to the approval of both the City and the Operator, which approval shall not be unreasonably withheld by either party. City and Operator shall exercise this right of approval in an expeditious manner so as to avoid delays in construction.
Compliance with Plans and Specifications. 5.1 Unless otherwise agreed in writing, all materials and supplies required to be furnished by Contractor shall conform to and be in accordance with the requirements set out in the Exhibits, plus any detailed drawings for the Work which may be prepared and furnished by Company, all of which shall be furnished in advance of their actual need in order that the Work may be performed with due diligence.
5.2 If any Work performed by Contractor is determined by Engineer not to have been performed in a good and workmanlike manner or otherwise not to be in compliance with this Agreement, Contractor shall, at its own expense, immediately repair or replace the defective Work in a manner complying with this Agreement.
Compliance with Plans and Specifications. All work shall be performed in accordance with all plans and specifications reasonably approved by Landlord and Tenant.
Compliance with Plans and Specifications. Contractor shall design, engineer and construct the Plant in accordance with this Agreement so that the Plant satisfies in all material respects the applicable requirements and standards of care, and is capable of accepting and operating on the fuel (including without limitation, the components comprising the fuel and the specifications of range of quality, pressure, and measurement) required for Plant operation pursuant to Exhibit A.
Compliance with Plans and Specifications. General
(a) No construction, renovation, repair, addition or reconstruction of the Retail Component, inclusive of any Renovation or Redevelopment, may occur at any time during the Term, except in substantial conformity with the Final Retail Component Plans and Specifications or with the Approval of the Landlord, or as otherwise permitted by the provisions of this Article IV, and in conformity with the Design and Plan Requirements, the Distinctive Uses and the Retail Design Strategy.
(b) No right of Approval of the Landlord, or Approval granted by the Landlord, for any plans and specifications, including the Final Retail Component Plans and Specifications, shall entail any responsibility on the part of the Landlord as to the accuracy or sufficiency of any of the plans and specifications or their compliance with applicable Law.
Compliance with Plans and Specifications. The Borrower shall have delivered to the Bank three sets of Plans and Specifications, signed and sealed by the Borrower's architect and approved by the Bank. The Borrower shall have certified to the Bank, and the Inspector shall have confirmed, that all construction work which has been completed on the Facility with respect to which the requisition is being submitted is in conformity with the applicable Plans and Specifications. Upon the request of the Bank, the Borrower will specify the nature of any deviations from such Plans and Specifications.
Compliance with Plans and Specifications. At least five (5) days prior to Substantial Completion of the Phase Two Improvements by Tenant, and provided that Landlord constructed the Phase Two Improvements, Landlord and Tenant will agree upon a list of all punch list items not completed in accordance with the Phase Two Final Plans and Specifications and Landlord shall forthwith complete said punch list items. The acceptance of possession of the Phase Two Improvements by Tenant shall be deemed conclusively to establish that the Phase Two Improvements have been Substantially Completed, subject to any punchlist items; provided, however, that Tenant may supplement the punch list by identifying punch list items which Tenant establishes were deficiencies in the Phase Two Improvements as of the date of Substantial Completion, so long as such supplemental punch list items are identified for Landlord within one hundred twenty (120) days following Substantial Completion. Provided that Landlord constructed the Phase Two Improvements Landlord will complete said supplemental punch list items within sixty (60) days, or such longer period as may be reasonably required. If Landlord did not construct the Phase Two Improvements, the failure to complete the Phase Two Improvements will not excuse the Tenant’s obligation to pay for them, pursuant to the terms hereof.
Compliance with Plans and Specifications. Before commencement of any change, alteration, restoration or construction (here- inafter sometimes referred to as "Work") Tenant shall (i) furnish Landlord with detailed plans and specifications of the proposed change or alteration; (ii) obtain Landlord's prior written consent; (iii) provide Landlord with the name of the licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work (hereinafter referred to as "Alterations Architect or Engineer"); and (iv) obtain Landlord's prior written approval of detailed plans and specifications prepared and approved in writing by said Alterations Architect or Engineer, and of each amendment and change thereto.
