Common use of Conditions to Commencement of Construction Clause in Contracts

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 copies of the construction contract or contracts described in clause (vi) above; (E) a complete copy of the performance and payment bond described in clause (vii) above; and (F) reasonable evidence that the insurance required by Article XIII hereof is in place. If Constructing Party or Casino Operator requests in writing that Landlord acknowledge that any or all of the foregoing conditions have been satisfied with respect to any portion of the Hotel Project, then within ten (10) Business Days after Constructing Party or Casino Operator requests such acknowledgement, Landlord shall deliver such acknowledgment to the requesting party or deliver to the requesting party an explanation of what must be done to cause such conditions to be satisfied.

Conditions to Commencement of Construction. Notwithstanding anything contained herein Before construction of ------------------------------------------- the improvements is commenced on the Premises, and before any building materials have been delivered thereto by or pursuant to the contraryauthority or request of the Tenant, the Tenant shall comply with the following conditions, or obtain the Landlord's prior written waiver thereof: 8.1.1 The Tenant shall prepare and deliver to the Landlord for approval a complete set of all preliminary and any plans and specifications to be utilized by the Tenant fur the purpose of constructing the new improvements. tenant must obtain the written approval of Landlord to the final plans and specifications prior to the commencement of any construction work. The Tenant will reimburse the Landlord for the Landlord's architect's or contractors charges to review these plans. The Landlord shall not unreasonably withhold approval of the plans and specifications. No review, inspection or approval by the Landlord, or its architect, shall relieve the Tenant of any liability or create any obligation or responsibility for the Landlord. 8.1.2 The Tenant shall give the Landlord at least fifteen days' written notice prior to (a) the commencement of construction of any tenant improvements, or (b) the delivery of any building materials to the site. The Landlord, or, upon request. The Tenant, as the agent of the Landlord, shall post on and affix to the Premises a Notice of Non-Responsibility' in no event the name and on behalf of the Landlord, as provided In Sections 3094 and 3129 of the California Civil Code, and shall cause such Notice to be recorded promptly following posting in the Office or the County Recorder of the county in which the Premises are located. 8.1.3 The Tenant shall purchase and maintain in effect, until a Notice of Completion is tiled and recorded, insurance coverage for all-risk 'Builders' RIsk' or 'Course of Construction' insurance and 'Worker's Compensation' insurance coveting all persons employed in connection with 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 improvements and with respect to whom claims could be asserted against the Landlord, the Building or the Premises. The Tenant shall furnish to the Landlord oertit9cates of such portion Insurance, and evidence of the Hotel Project:payment of premiums therefor, and for any other insurance required by the provisions of this Lease to be furnished by the Tenant. 8.1.4 The Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Tenant. Landlord reserves the right to require Tenant to deliver to Landlord payment and performance bonds in an amount equal to one hundred fifty percent (i150%) 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 estimated cost of the Hotel Project work undertaken by Tenant. Tenant promptly shall cause the elimination and removal of any mechanic's, material lien's or other liens arising out of any improvements performed, materials furnished or obligations Incurred by or on behalf of the Tenant in connection with any tenant improvements 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 copies of the construction contract or contracts described in clause (vi) above; (E) a complete copy of the performance and payment bond described in clause (vii) above; and (F) reasonable evidence that the insurance required by Article XIII hereof is in place. If Constructing Party or Casino Operator requests in writing that Landlord acknowledge that any or all of the foregoing conditions have been satisfied with respect to any portion of the Hotel Project, then within ten (10) Business Days after Constructing Party or Casino Operator requests such acknowledgement, Landlord shall deliver such acknowledgment to the requesting party or deliver to the requesting party an explanation of what must be done to cause such conditions to be satisfied9.2.

Conditions to Commencement of Construction. Notwithstanding anything contained herein to the contrary, in no event 4.5.1 Construction Work Generally‌ Design-Build Contractor shall the not start construction (or recommence construction following any suspension) of any Improvements comprising any portion of the Hotel Project be commenced until prior to occurrence of all the following events except with the prior written approval of IFA, in its sole discretion, and Design-Build Contractor shall commence such construction promptly following occurrence of such events: (a) IFA shall have delivered the NTP to Design-Build Contractor; (b) IFA has approved the deliverables set forth in Section 2.3 of the following conditions (the "Conditions Technical Provisions that are designated as requiring approval prior to Commencement commencement of Construction") have been fully satisfied or waived by Landlord with respect Construction relating to such portion of the Hotel Project:; (c) IFA shall have approved the Transportation Management Plan in accordance with Section 11.0 of the Technical Provisions; (d) All requirements of the Construction Quality Management Plan which are a condition to commencement of construction shall have been met; (e) Design-Build Contractor has delivered to IFA, and obtained all required approvals from IFA and any other applicable Governmental Entity with respect to, the Submittals relating to the construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan and PPA Documents, as applicable; (f) IFA has reviewed and commented on all applicable Construction Documents, including Released for Construction Documents relating to such portion of the Project and Design-Build Contractor has addressed and incorporated such comments in accordance with Section 3.3; (g) All Governmental Approvals necessary for construction of the applicable portion of the Project shall have been obtained and Design-Build Contractor has furnished to IFA fully executed copies of such Governmental Approvals; (h) All conditions of Governmental Approvals necessary for construction of the applicable portion of the Project which are a prerequisite to commencement of such construction shall have been performed and satisfied; (i) There exists no Event All rights of Default; (ii) Constructing Party shall have sufficient dedicated funds access acceptable 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, IFA 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 its good faith discretion for such portion of the Hotel Project in accordance with Section 10.2(b) aboveROW necessary for commencement of construction of the applicable portion of the Project shall have been identified, conveyed, and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA and IFA or Design-Build Contractor, as applicable, has issued the ROW Certification for the applicable portion of the Project; (vj) Constructing Party All pre-construction environmental surveys and mitigation have been completed as required by the Governmental Approvals or otherwise under the PPA Documents for the area(s) proposed for construction, and Design-Build Contractor shall have obtained performed all licenses, permits other survey work and approvals delivered all notices required by law for the construction of any Improvements that are PPA Documents to be constructed in connection with delivered prior to commencement of construction on such portion of the Hotel Project; (vik) Constructing Party All representations and warranties of Design-Build Contractor set forth in Section 2.3 shall have executed the construction contract or contracts for such portion of the Hotel Project be and remain true and correct 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 Cityall material respects; (viil) Constructing Party shall have obtained a performance and payment bond There exists no uncured Event of Default for such portion of the Hotel Project in accordance with the requirements of Section 10.2(f) above, with all premiums paidwhich Design-Build Contractor has received written notice from IFA; and (viiim) Constructing Party shall have obtained all insurance required by Article XIII hereof. Following the satisfaction or waiver of all of the Conditions Design-Build Contractor has provided 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 copies of the construction contract or contracts described in clause (vi) above; (E) a complete copy of the performance and payment bond described in clause (vii) above; and (F) reasonable evidence that the insurance required by Article XIII hereof is in place. If Constructing Party or Casino Operator requests in writing that Landlord acknowledge that any or all of the foregoing conditions have been satisfied with respect to any portion of the Hotel Project, then within IFA at least ten (10) Business Days after Constructing Party or Casino Operator requests such acknowledgementdays advance written notification of the date Design-Build Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4 and IFA has not objected in writing. As used in this Section 4.5.1, Landlord shall deliver such acknowledgment the term "construction" specifically excludes potholing and geotechnical investigations incidental to the requesting party or deliver to the requesting party an explanation design Work, Hazardous Materials Management, mobilization, Site security and establishment of what must be done to cause such conditions to be satisfied.work yard(s) and storage sites.‌

Conditions to Commencement of Construction. Notwithstanding anything contained herein Before construction of the improvements is commenced on the Premises, and before any building materials have been delivered thereto by or pursuant to the contraryauthority or request of Tenant, 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 Tenant shall comply with the disadvantaged business entity requirements following conditions, or obtain Landlord's prior written waiver thereof: 8.1.1 Tenant shall prepare and deliver to Landlord for approval a complete set of all preliminary and final plans and specifications to be utilized by Tenant for the purpose of constructing the new improvements. Tenant must obtain the written approval of Landlord to the final plans and specifications prior to the commencement of any construction work. Tenant will reimburse Landlord for Landlord's architect's or contractor's charges to review these plans. Landlord shall not unreasonably withhold approval of the City;plans and specifications. No review, inspection or approval by Landlord, or its architect, shall relieve Tenant of any liability or create any obligation or responsibility for Landlord. 8.1.2 Tenant shall give Landlord at least fifteen (vii15) Constructing Party days' written notice prior to (a) the commencement of construction of any tenant improvements, or (b) the delivery of any building materials to the site. Landlord, or, upon request, Tenant, as the agent of Landlord, shall have obtained post on and affix to the Premises a performance "Notice of Non-Responsibility" in the name and payment bond for such portion on behalf of Landlord, as provided in Sections 3094 and 3129 of the Hotel Project California Civil Code, and shall cause such Notice to be recorded promptly following posting in accordance the Santa Xxxxxxx County Recorder's Office. 8.1.3 Tenant shall purchase and maintain in effect, until a Notice of Completion is filed and recorded, insurance coverage for all-risk "Builders' Risk" or "Course of Construction" insurance and "Worker's Compensation" insurance covering all persons employed in connection with the requirements construction of Section 10.2(f) abovethe improvements and with respect to whom claims could be asserted against Landlord, with all the Building or the Premises. Tenant shall furnish to Landlord certificates of such insurance, and evidence of the payment of premiums paid; and (viii) Constructing Party shall have obtained all therefor, and for any other insurance required by Article XIII hereof. Following the satisfaction or waiver provisions 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 copies of the construction contract or contracts described in clause (vi) above; (E) a complete copy of the performance and payment bond described in clause (vii) above; and (F) reasonable evidence that the insurance required by Article XIII hereof is in place. If Constructing Party or Casino Operator requests in writing that Landlord acknowledge that any or all of the foregoing conditions have been satisfied with respect to any portion of the Hotel Project, then within ten (10) Business Days after Constructing Party or Casino Operator requests such acknowledgement, Landlord shall deliver such acknowledgment to the requesting party or deliver to the requesting party an explanation of what must be done to cause such conditions this Lease to be satisfiedfurnished by Tenant.