Common use of Construction Consultant Clause in Contracts

Construction Consultant. Borrower acknowledges that (i) the Construction Consultant has been retained by Lender to act as a consultant and only as a consultant to Lender in connection with the construction of the Project Improvements and has no duty to Borrower, (ii) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon Lender, (iii) Lender reserves the right to make any and all decisions required to be made by Lender under this Agreement and to give or refrain from giving any and all consents or approvals required to be given by Lender under this Agreement and to accept or not accept any matter or thing required to be accepted by Lender under this Agreement, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, (iv) Lender reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender or any other person or party, and (v) Lender reserves the right to replace the Construction Consultant with another construction consultant at any time and without prior notice to or approval by Borrower.

Construction Consultant. Borrower acknowledges that (i) the Construction Consultant has been retained by Mortgage Lender and Lender to act as a consultant and only as a consultant to Mortgage Lender and Lender in connection with the construction of the Project Improvements and has no duty to Borrower, (ii) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon Lender, (iii) Lender reserves the right to make any and all decisions required to be made by Lender under this Agreement and to give or refrain from giving any and all consents or approvals required to be given by Lender under this Agreement and to accept or not accept any matter or thing required to be accepted by Lender under this Agreement, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, thereto and (iv) Lender reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender or any other person or party, . Mortgage Lender and (v) Lender reserves shall retain the right to replace the same Construction Consultant with another construction consultant at any time and without prior notice to or approval by BorrowerConsultant.

Construction Consultant. Borrower acknowledges that (i) the Construction Consultant has been retained by Lender to act as a consultant to review Plans and Specifications, Construction Contracts and Draw Requests, perform inspections and other services as determined by Lender but only as a consultant to Lender in connection with the construction of the Project Improvements and Construction Consultant has no duty to Borrower or Mortgage Borrower, ; (ii) the Construction Consultant shall in no event or under any circumstance have any power or authority to make any decision or to give any approval or consent or to do any other act or thing which is binding upon LenderLender and any such purported decision, approval, consent, act or thing by Construction Consultant on behalf of Lender shall be void and of no force or effect; (iii) Lender reserves the right to make any and all decisions required to be made by Lender under this Agreement and to give or refrain from giving any and all consents or approvals required to be given by Lender under this Agreement Lender, and to accept or not accept any matter or thing required to be accepted by Lender Lender, under and in accordance with the terms of this Agreement, and without being bound or limited in any manner or under any circumstance circumstances whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, (iv) Lender reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender or any other person or party, and (v) Lender reserves the right to replace the Construction Consultant with another construction consultant at any time and without prior notice to or approval by Borrower.

Construction Consultant. Borrower acknowledges that (ia) the Construction Consultant has been retained by Lender Lxxxxx to act as a consultant and only as a consultant to Lender in connection with the construction of the Project Improvements and has no duty to Borrower, (iib) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon Lender, (iiic) Lender reserves the right to make any and all decisions required to be made by Lender under this Agreement and to give or refrain from giving any and all consents or approvals required to be given by Lender under this Agreement and to accept or not accept any matter or thing required to be accepted by Lender under this Agreement, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, (ivd) Lender reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender or any other person or party, and (ve) Lender Lxxxxx reserves the right to replace the Construction Consultant with another construction consultant at any time and without prior notice to or approval by Borrower.

Construction Consultant. (a) Borrower acknowledges that (i) the Construction Consultant has been retained by Lender Agent to act as a consultant and only as a consultant to Lender Agent in connection with the construction of the Project Improvements and has no duty to Borrowerany Borrower Entity, (ii) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon LenderAgent and/or Lenders, (iii) Lender Agent reserves the right to make any and all decisions required to be made by Lender Agent under this Agreement the Project Loan Documents and to give or refrain from giving any and all consents or approvals required to be given by Lender Agent under this Agreement the Project Loan Documents and to accept or not accept any matter or thing required to be accepted by Lender Agent under this Agreementthe Project Loan Documents, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, and (iv) Lender Agent reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender Agent or any other person or party, and Person. (vb) Lender reserves the right to replace Neither Agent nor the Construction Consultant with another construction consultant at shall have any time and without prior notice liability to any Borrower Entity on account of (i) the services performed by the Construction Consultant, (ii) any neglect or failure on the part of the Construction Consultant to properly perform its services or (iii) any approval by Borrowerthe Construction Consultant of construction of the Project. Neither Agent nor the Construction Consultant assumes any obligation to any Borrower Entity or any other Person concerning the quality of construction of the Project or the absence therefrom of defects.

Construction Consultant. Borrower acknowledges that (i) the Construction Consultant has been retained by Lender Agent to act as a consultant and only as a consultant to Lender Agent in connection with the construction of the Project Improvements and has no duty to Borrower, (ii) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon LenderLenders, (iii) Lender Agent reserves the right to make any and all decisions required to be made by Lender Agent under this Agreement and to give or refrain from giving any and all consents or approvals required to be given by Lender Agent under this Agreement and to accept or not accept any matter or thing required to be accepted by Lender Agent under this Agreement, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, (iv) Lender Agent reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender Agent or any other person or party, and (v) Lender Agent reserves the right to replace the Construction Consultant with another construction consultant at any time and without prior notice to or approval by Borrower. Agent hereby advises Borrower that it has advised the Construction Consultant of the restrictions contained in this Section 4.1.23. Agent shall use good faith efforts to cause Construction Consultant to satisfy its responsibilities and perform the services described in Section 4.1.24.

Construction Consultant. (a) Borrower acknowledges that (i) the Construction Consultant has been retained by Lender Agent to act as a consultant and only as a consultant to Lender Agent in connection with the construction of the Project Improvements and has no duty to Borrowerany Borrower Entity, (ii) the Construction Consultant shall in no event have any power or authority to give any approval or consent or to do any other act or thing which is binding upon LenderAgent and/or Lenders, (iii) Lender Agent reserves the right to make any and all decisions required to be made by Lender Agent under this Agreement the Building Loan Documents and to give or refrain from giving any and all consents or approvals required to be given by Lender Agent under this Agreement the Building Loan Documents and to accept or not accept any matter or thing required to be accepted by Lender Agent under this Agreementthe Building Loan Documents, and without being bound or limited in any manner or under any circumstance whatsoever by any opinion expressed or not expressed, or advice given or not given, or information, certificate or report provided or not provided, by the Construction Consultant with respect thereto, and (iv) Lender Agent reserves the right in its sole and absolute discretion to disregard or disagree, in whole or in part, with any opinion expressed, advice given or information, certificate or report furnished or provided by the Construction Consultant to Lender Agent or any other person or party, and Person. (vb) Lender reserves the right to replace Neither Agent nor the Construction Consultant with another construction consultant at shall have any time and without prior notice liability to any Borrower Entity on account of (i) the services performed by the Construction Consultant, (ii) any neglect or failure on the part of the Construction Consultant to properly perform its services or (iii) any approval by Borrowerthe Construction Consultant of construction of the Project. Neither Agent nor the Construction Consultant assumes any obligation to any Borrower Entity or any other Person concerning the quality of construction of the Project or the absence therefrom of defects.