Conditions to Commencement of Construction. Notwithstanding anything contained herein to the contrary, in no event shall the construction of any Improvements comprising any portion of the Hotel Project be commenced until all of the following conditions (the "Conditions to Commencement of Construction") have been fully satisfied or waived by Landlord with respect to such portion of the Hotel Project:
(i) There exists no Event of Default;
(ii) Constructing Party shall have sufficient dedicated funds to complete the Hotel Project, which may consist of or include committed debt or equity;
(iii) Caesars Resort Collection, LLC or another Person reasonably approved by Landlord shall have executed a completion guaranty, in form and substance reasonably approved by Landlord, under which such guarantor shall guarantee the Final Completion of such portion of the Hotel Project in accordance with the terms of this Lease;
(iv) Landlord shall have approved (or deemed to have approved) the Schematic Plans, the Design Development Plans and the Construction Plans for such portion of the Hotel Project in accordance with Section 10.2(b) above;
(v) Constructing Party shall have obtained all licenses, permits and approvals required by law for the construction of any Improvements that are to be constructed in connection with such portion of the Hotel Project;
(vi) Constructing Party shall have executed the construction contract or contracts for such portion of the Hotel Project in accordance with the requirements of Section 10.2(f) above, which contract or contracts shall comply with the disadvantaged business entity requirements of the City;
(vii) Constructing Party shall have obtained a performance and payment bond for such portion of the Hotel Project in accordance with the requirements of Section 10.2(f) above, with all premiums paid; and
(viii) Constructing Party shall have obtained all insurance required by Article XIII hereof. Following the satisfaction or waiver of all of the Conditions to Commencement of Construction with respect to a portion of the Hotel Project, Constructing Party shall deliver the following to Landlord: (A) reasonable written evidence that Constructing Party has sufficient dedicated funds to complete the Hotel Project (which may consist of or include committed debt or equity), as described in clause (ii) above; (B) a complete copy of the completion guaranty described in clause (iii) above; (C) complete copies of the licenses, permits and approvals described in clause (v) above; (D) complete co...
Conditions to Commencement of Construction. None of City, Club nor BSD shall be obligated to commence physical construction of the Venue Improvements Work or the Air Rights Improvements Work until the conditions in Section 3.2.1 through Section 3.2.10 (the “Conditions to Commencement”) are satisfied or waived, such conditions to be satisfied on or before the respective dates set forth below, and in any event on or before commencement of physical construction of the Venue Improvements Work and Air Rights Improvements Work. City, Club and BSD shall execute a written confirmation when the Conditions to Commencement are satisfied and specify such date as the “Construction Commencement Date.” City, Club and BSD acknowledge and agree that the timeframes within which each of the Conditions to Commencement are to be satisfied shall be implemented toward the goals, to the extent commercially reasonable and in accordance with Applicable Law, that City achieves Substantial Completion of the Venue Improvements Work on or before the Substantial Completion Deadline (as the same may be extended by an Excusable Delay Period) and the City delivers the Air Rights Infrastructure on or before the Air Rights Infrastructure Delivery Date (as the same may be extended by an Excusable Delay Period). The Party benefitted by a condition may approve or disapprove such condition in its absolute discretion, except as otherwise expressly provided herein, and shall in no event have any liability for its disapproval of any condition for its benefit.
Conditions to Commencement of Construction. The Design-Builder shall not commence any construction activities (or recommence construction activities following any suspension) for any portion of the Project until all the following conditions have been fully satisfied with respect to the Construction Work proposed to be constructed: • The Design-Builder has issued RFC Documents for such portion of the Project and (i) the Review and Comment process for such documents has been completed or (ii) the Authority has conditionally allowed the Design-Builder to continue with the Work related to the documents notwithstanding that the Approval or Review and Comment process (as applicable) has not been completed, provided that the Design-Builder address any comments provided by the Authority within the timeframe set by the Authority; • All Governmental Approvals necessary for such Construction Work have been obtained and all conditions of such Governmental Approvals that are a prerequisite to commencement of such construction have been performed; • All insurance policies and bonds required to be delivered to the Authority hereunder have been submitted to the Authority as applicable and remain in full force and effect; • All necessary rights of access for such portion of the Project have been obtained; • Any additional conditions for construction set forth in the Contract Documents have been satisfied; and • The Authority and the Design-Builder have executed the Amendment/NTP or a Work Package Authorization.
Conditions to Commencement of Construction. In no event shall Lessee commence any construction on the Property until the following conditions have been satisfied or waived by Lessor, in addition to other conditions and requirements imposed by this Lease:
a. Lessee has obtained building permits and all other governmental approvals necessary for the construction of the improvements.
b. Lessee has sufficient funds, or has obtained adequate financing, necessary for construction of any such improvements.
Conditions to Commencement of Construction. Tenant shall have submitted to Landlord in writing its good faith estimate of the anticipated total construction costs of the Additional Construction. If such good faith estimate exceeds $1,000,000, Tenant shall also submit evidence reasonably satisfactory to Landlord of Tenant’s ability to pay such costs as and when due; and
Conditions to Commencement of Construction. Before construction of the aforesaid improvements is commenced on the Premises, and before any building materials have been delivered thereto by or pursuant to the authority or request of the Tenant, the Tenant shall comply with the following conditions, or obtain the Landlord's written waiver thereof:
Conditions to Commencement of Construction. Commencement of Construction may not occur until each of the following has occurred:
Conditions to Commencement of Construction. Developer shall not commence the Stadium Improvements Work until the conditions in Section 3.2.1 through Section 3.2.4 (the “Conditions to Commencement”) are satisfied or waived, such conditions to be satisfied on or before the respective dates set forth below. Authority shall provide written notice to Developer when the Conditions to Commencement are satisfied and specify such date as the “Construction Commencement Date.” Authority and Developer acknowledge and agree that the timeframes within which each of the Conditions to Commencement are to be satisfied shall be implemented in a manner that assures, to the extent commercially reasonable and in accordance with Applicable Law, that Developer achieves Substantial Completion of the Stadium Improvements Work on or before the Substantial Completion Deadline (as the same may be extended by an Excusable Developer Delay Period).
Conditions to Commencement of Construction. Except to the extent expressly permitted in writing by TxDOT in its sole discretion, DB Contractor shall not commence construction of the Project or applicable portion thereof until TxDOT issues NTP2, and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Utility Adjustments included in the applicable portion of the Construction Work Texas Department of Transportation Energy Sector Roadway Repair Project November 5, 2013 11 Final RFP Addendum #2 Design-Build Contract
(c) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DB Contractor.
(d) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. All insurance policies required under Section 9 have been obtained and are in full force and effect, and DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(e) DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved the Project Management Plan. DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or DBC Documents, in the form and content required by the Project Management Plan or DBC Documents.
(f) DB Contractor has adopted written policies establishing ethical standards of conduct for all DB Contractor-Related Entities, including DB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and (b) employment relations, in accordance with Section 7.8.
(g) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(h) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4..
(i) DB Contractor and TxDOT shall have completed a joint inspection of the existing facilities, structures and environmentally sensitive areas in the vic...
Conditions to Commencement of Construction. Notwithstanding anything contained herein to the contrary, in no event shall Audubon commence Construction of the Initial Improvements until all of the following "Conditions to Commencement of Construction" have been fully satisfied or waived by the City:
(i) The TCI Leases Termination Date has occurred and the TCI Tenant has vacated the Property;
(ii) There exists no Event of Default;
(iii) The City shall have approved the Initial Improvements Schematic Plans as required pursuant to Section 6.2 hereof;
(iv) Audubon shall have obtained and delivered to the City all Governmental Approvals for the construction of the Initial Improvements;
(v) Audubon shall have entered into a general contract with the Initial Improvements Contractor, in form and substance, and reasonably approved by the City, and delivered an executed copy thereof to the City;
(vi) Audubon shall have obtained and delivered to the City a performance and payment bond in accordance with the requirements of Section 9.4(d) below, with all premiums paid and with a Qualified Surety, and delivered a copy of same to the City;
(vii) Audubon shall have provided evidence to the City that all insurance required in Article XI is in place;
(viii) Audubon shall have provided evidence to the City that it is in compliance with the DBE Requirements and the Local Hiring Requirements; and Promptly following execution of this Agreement, Audubon shall diligently proceed, and shall use its best efforts, to satisfy all of the Conditions to Commencement of Construction.
