Common use of Conditions to Commencement of Construction Clause in Contracts

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.