Construction Agent's Certification Sample Clauses

Construction Agent's Certification. Construction Agent shall furnish to Agent Lessor a certification of Construction Agent (substantially in the form of Exhibit J) as follows: (i) the representations and warranties of Lessee with respect to the Premises and Financed Improvements set forth in Section 7.2 are true and correct in all material respects as of the Completion Date. All amounts owing to third parties for the Construction have been paid in full (other than contingent obligations for which adequate reserves have been made); (ii) no changes or modifications were made to the Approved Plans and Specifications delivered to the Appraiser for purposes of preparing the Appraisal that, individually or in the aggregate, have caused or reasonably could cause, the Fair Market Value of the Financed Improvements to be less than the Fair Market Value at Substantial Completion as set forth in the Appraisal; (iii) there are no defects to the Financed Improvements, including the plumbing, heating, air conditioning and electrical systems thereof, or the Premises, which individually or in the aggregate, have caused or reasonably could cause, the Fair Market Value of the Financed Improvements to be less than the Fair Market Value at Substantial Completion as set forth in the Appraisal; and (iv) all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service the Financed Improvements and the Premises for their intended use are available pursuant to adequate permits (including any that are required under applicable Environmental Laws) except to the extent the unavailability of which individually or in the aggregate would not have a Material Adverse Effect.
Sample 1
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Construction Agent's Certification. (i) that the Approved Construction Budget is In Balance, (ii) that the remaining contingency reserves, as such amounts may be adjusted pursuant to Section 3.2(b), are sufficient for any reasonably foreseeable contingency which might occur during the remaining course of Construction; (iii) of the number of days the Construction is, without overtime or premium pay (other than such overtime or premium pay as is budgeted or reserved for in the Approved Construction Budget) and given the prevailing weather and other conditions of construction that are anticipated to exist during the remaining course of Construction, ahead of or behind the Critical Path Schedule, (iv) of the anticipated date on which the Construction will be completed, (v) that all conditions to Construction Agent's right to request an Advance pursuant to the Operative Documents have been fully satisfied, (vi) that all conditions to the payment of amounts previously funded and advanced for the purpose of paying any amounts due under any Construction Document, as set forth in such Construction Document, have been fully and completely satisfied, and (vii) that no payment under any Construction Document shall be made unless and until each of the conditions to the payment of amounts due under such Construction Document, as set forth in such Construction Document, have been fully and completely satisfied.
Sample 1
Construction Agent's Certification. Construction Agent shall have furnished to Agent and Lessor with a certification of Lessee (substantially in the form of Exhibit D) as follows: (i) The representations and warranties of Lessee with respect to such Construction Site and Facility set forth in Section 8.1(i), (l), (m), (n) and (o) are true and correct in all material respects as of the Construction Completion Date for such Facility. All amounts owing to third parties for the construction or renovation of such Facility have been paid in full (other than contingent obligations for which Lessee has made adequate reserves or has made other provision for payment in a manner and in amounts reasonably acceptable to Lessor and Agent); (ii) No changes or modifications were made to the related Plans and Specifications after the related Site Acquisition Date that have had or may have, individually or in the aggregate, a Material Adverse Effect on the Facility; (iii) there are no defects to such Facility including the plumbing, heating, air conditioning and electrical systems thereof which have had or may have,
Sample 1

Related to Construction Agent's Certification

  • Owner Certification During the term of this Contract, the Owner certifies that: a) The Owner will, at all times, maintain the Unit and premises, including common areas accessible to the Tenant, in decent, safe, and sanitary condition and compliant with applicable state or local codes and rental housing requirements; and b) The Owner will comply in all material respects with this Contract; and c) The Unit is leased to and, to the best of the Owner’s knowledge, is occupied by the Tenant; and, d) Owner has taken no action and will not take any action to terminate the Lease and cause the Tenant to vacate the Unit without providing written notice of such action to the Tenant and the Program Administrator; and e) Other than the Tenant’s Contribution, the Owner has not received and will not receive any payments or other consideration (from the Tenant, HUD, or any other public or private source) for rental of the Unit during the Term of this Contract except as identified in Exhibit A; and f) To the best of the Owner’s knowledge, the Unit is used solely as the Tenant’s principal place of residence; and g) The Tenant does not own or have any interest in the Unit; and h) The Owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the family of the Tenant, unless the Program Administrator has determined (and has notified the Owner and the Tenant of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities.

  • E-VERIFY CERTIFICATION Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of this agreement to determine the eligibility of: 1. All persons employed by Engineer during the term of this agreement to perform duties within the State of Texas; and 2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement. Violation of this provision constitutes a material breach of this agreement.

  • Exhibit D - Debarment Certification By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below.

  • CLEC Certification 8.1 Notwithstanding any other provision of this Agreement, CenturyLink shall have no obligation to perform under this Agreement until such time as CLEC has obtained such FCC and Commission authorization(s) as may be required by Applicable Law for conducting business in the State as a competitive local exchange carrier. CLEC shall not be permitted to establish its account nor place any orders under this Agreement until it has obtained such authorization and provided proof of such to CenturyLink. For the life of this Agreement, CLEC must represent and warrant to CenturyLink that it remains a certified local provider of Telephone Exchange Service within CenturyLink’s Local Calling Area(s) in the State. At any time during the life of this Agreement, CLEC will provide a copy of its current Certificate of Operating Authority or other evidence of its status to CenturyLink upon request. CLEC’s failure to maintain such authorization(s) as may be required by Applicable Law for conducting business in the State as a CLEC shall be considered a Default of Agreement.

  • AS9100 Certification ‌ AS9100 Certification, specifies requirements for a quality management system to demonstrate the Contractor’s ability to consistently meet the customer requirements as well as statutory and regulatory requirements for the aerospace industry. An AS9100 Certification, is not mandatory; however, Contractors who desire to compete for work within the aerospace industry are encouraged to have AS9100 Certification, during the entire term of OASIS. The Contractor shall notify the OASIS CO, in writing, if there are any changes in the status of their AS9100 Certification, and provide the reasons for the change and copies of audits from an AS9100 Certification Body, as applicable. If only part of a Contractor’s organization is AS9100, certified, the Contractor shall make the distinction between which business units or sites and geographic locations have been certified.

  • OFAC Certification Company certifies that (i) it is not acting on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department, through its Office of Foreign Assets Control (“OFAC”) or otherwise, as a terrorist, “Specially Designated Nation”, “Blocked Person”, or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by OFAC or another department of the United States government, and (ii) Company is not engaged in this transaction on behalf of, or instigating or facilitating this transaction on behalf of, any such person, group, entity or nation.

  • Accountants' Certification together with each delivery of consolidated financial statements of Company and its Subsidiaries pursuant to subdivision (iii) above, a written statement by the independent certified public accountants giving the report thereon (a) stating that their audit examination has included a review of the terms of this Agreement and the other Loan Documents as they relate to accounting matters, (b) stating whether, in connection with their audit examination, any condition or event that constitutes an Event of Default or Potential Event of Default has come to their attention and, if such a condition or event has come to their attention, specifying the nature and period of existence thereof; provided that such accountants shall not be liable by reason of any failure to obtain knowledge of any such Event of Default or Potential Event of Default that would not be disclosed in the course of their audit examination, and (c) stating that based on their audit examination nothing has come to their attention that causes them to believe either or both that the information contained in the certificates delivered therewith pursuant to subdivision (iv) above is not correct or that the matters set forth in the Compliance Certificates delivered therewith pursuant to clause (b) of subdivision (iv) above for the applicable Fiscal Year are not stated in accordance with the terms of this Agreement;

  • CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Engineer certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Engineer is liable to the state for attorney’s fees, the cost necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or the contract. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court- supervised effort to improve earnings and child support payments.

  • Replacement Certificates If, on the date a Securityholder’s escrow securities are to be released, the Escrow Agent holds a share certificate or other evidence representing more escrow securities than are to be released, the Escrow Agent will deliver the share certificate or other evidence to the Issuer or its transfer agent and request replacement share certificates or other evidence. The Issuer will cause replacement share certificates or other evidence to be prepared and delivered to the Escrow Agent. After the Escrow Agent receives the replacement share certificates or other evidence, the Escrow Agent will send to the Securityholder or at the Securityholder’s direction, the replacement share certificate or other evidence of the escrow securities released. The Escrow Agent and Issuer will act as soon as reasonably practicable.

  • Contractor Certification The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

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