Common use of Construction and Completion; Phases Clause in Contracts

Construction and Completion; Phases. Owner shall use best efforts to Commence Initial Construction on or before the Commencement Date, subject to Force Majeure. With respect to each Phase of the Project Owner undertakes, Owner shall develop, construct and complete such Phase of the Project, or cause such Phase of the Project to be developed, constructed and completed: (i) in good faith and in a good and workmanlike manner, (ii) in accordance with all Applicable Laws, (iii) in substantial conformance with the Plans (as may be amended from time to time in strict accordance with this Agreement), (iv) subject to the Project Budget (provided that increases in the Project Budget shall not be deemed a Material Modification so long as the Owner does not seek a related increase in payments from ACC under this Agreement), (v) in all material respects in accordance with (subject to extension for Force Majeure, the effect of in such case shall be the extension of the Project Construction Schedule by the period of the delay caused by the event of Force Majeure) the Project Construction Schedule; and (vi) in conformity in all material respects with the description of the Project, the Phases, the Buildings and the Horizontal Infrastructure in the Concept Plan and in this Agreement, including, without limitation, as to: (A) the primary use of the property being constructed and its secondary use, if any; and (B) the timing of the commencement and completion of the construction of the respective Phases, Buildings and Horizontal Infrastructure contained in Schedule 6.1 hereto. For the avoidance of doubt, and without limitation of the other requirements of this Section 6.1(a) that are stated above, any material non-conformity with the requirements of the immediately foregoing clause (vi) shall constitute a Project Modification that is not permitted unless proposed by Owner as a Material Modification and unless such proposal is approved in accordance with the applicable provisions of this Agreement, and any of same that is subject to the PD Zoning shall be subject to the provisions hereof regarding Zoning Modifications.

Construction and Completion; Phases. Owner shall use best efforts to Commence Initial Construction on or before the Commencement Date., subject to Force Majeure. With respect to each Phase of the Project Owner undertakes, Owner shall develop, construct and complete such Phase of the Project, or cause such Phase of the Project to be developed, constructed and completed: (i) in good faith and in a good and workmanlike manner, (ii) in accordance with all Applicable Laws, (iii) in substantial conformance with the Plans (as may be amended from time to time in strict accordance with this Agreement), (iv) subject to the Project Budget (provided that increases in the Project Budget shall not be deemed a Material Modification so long as the Owner does not seek a related increase in payments from ACC under this Agreement), (v) in all material respects in accordance with (subject to extension for Force Majeure, the effect of in such case shall be the extension of the Project Construction Schedule by the period of the delay caused by the event of Force Majeure) the Project Construction Schedule; and (vi) in conformity in all material respects with the description of the Project, the Phases, the Buildings and the Horizontal Infrastructure in the Concept Plan and in this Agreement, including, without limitation, as to: (A) the primary use of the property being constructed and its secondary use, if any; and (B) the timing of the commencement and completion of the construction of the respective Phases, Buildings and Horizontal Infrastructure contained in Schedule 6.1 hereto. For the avoidance of doubt, and without limitation of the other requirements of this Section 6.1(a) that are stated above, any material non-conformity with the requirements of the immediately foregoing clause (vi) shall constitute a Project Modification that is not permitted unless proposed by Owner as a Material Modification and unless such proposal is approved in accordance with the applicable provisions of this Agreement, and any of same that is subject to the PD Zoning shall be subject to the provisions hereof regarding Zoning Modifications.

Construction and Completion; Phases. Owner shall use best efforts to Commence Initial Construction on or before the Commencement Date, subject to Force Majeure. With respect to each Phase of the Project Owner undertakes, Owner shall develop, construct and complete such Phase of the Project, or cause such Phase of the Project to be developed, constructed and completed: (i) in good faith and in a good and workmanlike manner, (ii) in accordance with all Applicable Laws, (iii) in substantial conformance with the Plans (as may be amended from time to time in strict accordance with this Agreement), (iv) subject to the Project Budget (provided that increases in the Project Budget shall not be deemed a Material Modification so long as the Owner does not seek a related increase in payments from ACC under this Agreement), (v) in all material respects in accordance with (subject to extension for Force Majeure, the effect of in such case shall be the extension of the Project Construction Schedule by the period of the delay caused by the event of Force Majeure) the Project Construction Schedule; and (vi) in conformity in all material respects with the description of the ProjectPhases attached as Schedule 6.1 hereto and incorporated herein by referenceProject, the Phases, the Buildings and the Horizontal Infrastructure in the Concept Plan and in this Agreement, including, without limitation, as to: (A) the primary use of the property being constructed and its secondary use, if any; and (B) its place in the timing Timing Summarytiming of the commencement and completion of the construction of the respective Phases, Buildings and Horizontal Infrastructure contained in Schedule 6.1 hereto. For the avoidance of doubt, and without limitation of the other requirements of this Section 6.1(a) that are stated above, any material non-conformity with the requirements of the immediately foregoing clause (vi) shall constitute a Project Modification that is not permitted unless proposed by Owner as a Material Modification and unless such proposal is approved in accordance with the applicable provisions of this Agreement., and any of same that is subject to the PD Zoning shall be subject to the provisions hereof regarding Zoning Modifications.

Construction and Completion; Phases. Owner shall use best efforts to Commence Initial Construction on or before the Commencement Date, subject to Force Majeure. With respect to each Phase of the Project Owner undertakes, Owner shall develop, construct and complete such Phase of the Project, or cause such Phase of the Project to be developed, constructed and completed: (i) in good faith and in a good and workmanlike manner, (ii) in accordance with all Applicable Laws, (iii) in substantial conformance with the Plans (as may be amended from time to time in strict accordance with this Agreement), (iv) subject to the Project Budget (provided that increases in the Project Budget shall not be deemed a Material Modification so long as the Owner does not seek a related increase in payments from ACC under this Agreement), (v) in all material respects in accordance with (subject to extension for Force Majeure, the effect of in such case shall be the extension of the Project Construction Schedule by the period of the delay caused by the event of Force Majeure) the Project Construction Schedule; and (vi) in conformity in all material respects with the description of the Project, the Phases, the Buildings Phases attached as Schedule 6.1 hereto and the Horizontal Infrastructure in the Concept Plan and in this Agreementincorporated herein by reference, including, without limitation, as to: (A) the primary use of the property being constructed and its secondary use, if any; and (B) its place in the timing of the commencement and completion of the construction of the respective Phases, Buildings and Horizontal Infrastructure Timing Summary contained in Schedule 6.1 hereto. For the avoidance of doubt, and without limitation of the other requirements of this Section 6.1(a) that are stated above, any material non-conformity with the requirements of the immediately foregoing clause (vi) shall constitute a Project Modification that is not permitted unless proposed by Owner as a Material Modification and unless such proposal is approved in accordance with the applicable provisions of this Agreement, and any of same that is subject to the PD Zoning shall be subject to the provisions hereof regarding Zoning Modifications.

Construction and Completion; Phases. Owner shall use best efforts to Commence Initial Construction on or before the Commencement Date, subject to Force Majeure. With respect to each Phase of the Project Owner undertakes, Owner shall develop, construct and complete such Phase of the Project, or cause such Phase of the Project to be developed, constructed and completed: (i) in good faith and in a good and workmanlike manner, (ii) in accordance with all Applicable Laws, (iii) in substantial conformance with the Plans (as may be amended from time to time in strict accordance with this Agreement), (iv) subject to the Project Budget (provided that increases in the Project Budget shall not be deemed a Material Modification so long as the Owner does not seek a related increase in payments from ACC under this Agreement), (v) in all material respects in accordance with (subject to extension for Force Majeure, the effect of in such case shall be the extension of the Project Construction Schedule by the period of the delay caused by the event of Force Majeure) the Project Construction Schedule; and (vi) in conformity in all material respects with the description of the Project, the Phases, the Buildings and the Horizontal Infrastructure in the Concept Plan and in this Agreement, including, without limitation, as to: (A) the primary use of the property being constructed and its secondary use, if any; and (B) the timing of the commencement and completion of the construction of the respective Phases, Buildings and Horizontal Infrastructure contained in Schedule 6.1 hereto. For the avoidance of doubt, and without limitation of the other requirements of this Section 6.1(a) that are stated above, any material non-conformity with the requirements of the immediately foregoing clause (vi) shall constitute a Project Modification that is not permitted unless proposed by Owner as a Material Modification and unless such proposal is approved in accordance with the applicable provisions of this Agreement, and any of same that is subject to the PD Zoning shall be subject to the provisions hereof regarding Zoning Modifications.