Construction Covenant. The Contractor hereby covenants and agrees to undertake and complete the Work in a good, substantial and workmanlike manner. The Contractor further agrees to provide the materials, labor, tools, and equipment necessary to properly and expeditiously complete the Work in strict accordance with the requirements of the Contract and to accept payment of the Contract Amount as complete compensation therefor (including all of the expenses, direct or indirect, incurred by the Contractor in connection therewith).
Construction Covenant. 45. Without limiting the generality of section 42, subject to the qualifications set out therein, the Owner further agrees to the incorporation of a requirement for a Construction Covenant, substantially in the form attached as Schedule “S” hereto, speaking to the following matters, as a precondition to subdivision approval:
Construction Covenant. Subject to extensions of the time periods for Grantee’s performance set forth in Section 602 of the DDA, Grantee shall cause the completion of the [insert Retail Component or the Residential Component, as applicable] by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Retail Developer and Residential Developer shall cause the completion of the Residential Component and the Retail Component, respectively, by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. Developer shall carry out the Project in accordance with the Project Construction Schedule and in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, the Developer, or the Site, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City Zoning and Development Standards (as they apply to the Site and the Project), building, plumbing, mechanical and electrical codes, as they apply to the Site and the Project, and all other provisions of the City of Anaheim and its Municipal Code, (as they apply to the Site and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §12101 et seq., Government Code §4450 et seq., and the Xxxxx Civil Rights Act, Civil Code §51 et seq. (“Governmental Requirements”). The provisions of this Section shall survive the Close of Escrow and shall not be merged with the Grant Deed(s).
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Developer shall cause the completion of the Improvements by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. (a) Unither hereby covenants and agrees that the initial phase of the Project shall be “Substantially Completed” by the date (the “Substantial Completion Date”) which is no later than the later to occur of (i) October 1, 2007, or (ii) the date which is two (2) years after the issuance of the Development Approvals. Notwithstanding the foregoing, the Substantial Completion Date shall be extended one (1) day for each day that the construction of the initial phase of the Project cannot be undertaken or Substantially Completed due to events of Force Majeure.
Construction Covenant. In addition to any other conditions contained in this Lease (or any Exhibit attached hereto) with respect to the Work (as defined in Exhibit B attached hereto) or Tenant making any Alteration, before commencing the Work or making any Alteration to the interior or exterior of the Premises, Tenant shall (i) deliver to Landlord evidence satisfactory to Landlord that Tenant shall cause such construction or alteration work (collectively, the "Construction Activities") to be performed by contractors who employ craft workers who are members of unions that are affiliated with The Building and Construction Trades Department, AFL-CIO ("Union Labor"), and such work shall conform to traditional craft jurisdictions as established in the area (the "Construction Labor Covenant"), (ii) include the Construction Labor Covenant in each of its contracts for the Construction Activities, (iii) provide such evidence as Landlord may reasonably require, from time to time during the course of the Construction Activities, that the Construction Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each contract entered into by Tenant for the Construction Activities, and (iv) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premises (without implying Landlord's consent to same). Off-site construction and fabrication of components traditionally manufactured off-site used in any alterations or improvements to the interior or exterior of the Premises are exempt from the Construction Labor Covenant. Exterior and structural alterations or improvements constructed or fabricated off-site as well as all concrete and cement used must be delivered to the Premises by a union-signatory transportation company. Tenant shall require that all contractors and subcontractors, of whatever tier, performing Construction Activities agree to submit all construction jurisdictional disputes (i.e., disputes about which union is the appropriate union to perform a given contract) to final and binding arbitration to the procedures of the jointly administered "Plan for the Settlement of Jurisdictional Disputes in the Construction Industry," a dispute resolution plan established and administered by The Building and Construction Trades Department, AFL-CIO, and various construction industry employer associations.
Construction Covenant. If Seller timely delivers the Second Exercise Notice pursuant to Section 4(a) of the Repurchase Option Agreement and if Purchaser nullifies Seller’s exercise of the Second Option by causing the Construction Condition to be satisfied, as permitted by Section 4(b) of the Repurchase Option Agreement, Purchaser covenants and agrees with Seller that Purchaser shall prosecute to substantial completion (as defined below) the work of constructing the Century Boulevard Extension (as defined in the Purchase Agreement) and constructing an office building containing at least 120,000 square feet of gross floor area on the Property (as defined in the Purchase Agreement) in good faith, with diligence and continuity, subject to delays incurred by Purchaser that have the effect of delaying the performance of the construction work (other than an obligation to pay a sum of money), but only to the extent that such delays are caused by Force Majeure Events. For purposes of this Amendment, the term “Force Majeure Event” means any of the following events, regardless of where they occur or their duration: acts of nature (including hurricanes, typhoons, tornadoes, cyclones, other severe storms, winds, lightning, floods, earthquakes, volcanic eruptions, fires, explosions, disease, or epidemics); fires and explosions caused wholly or in part by human agency; acts of war or armed conflict; riots or other civil commotion; terrorism (including hijacking, sabotage, chemical or biological events, nuclear events, disease-related events, bombing, murder, assault and kidnapping), or the threat thereof; strikes or similar labor disturbances; embargoes or blockades; shortage of critical materials or supplies; action or inaction of governmental authorities which have an impact upon the performance of the construction work (including the revocation or refusal to grant licenses or permits, where such revocation or refusal is not due to Purchaser’s actions or inaction); and any other event beyond Purchaser’s reasonable control, excluding, however, general economic and/or market conditions not caused by any of the events described above. All capitalized terms used in this Section that are not otherwise defined in this Section shall have the meanings assigned to those terms in the Repurchase Option Agreement. Purchaser’s obligations under this Section shall survive the Closing under the Purchase Agreement and the termination of the Repurchase Option Agreement. Substantial completion of the Century ...
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Developer shall cause the completion of the Required Improvements by the dates set forth therefor in the Schedule of Performance. Operating Covenants. Commencing on the opening for business of the Required Improvements and terminating 20 years thereafter (the “Operating Period”), Developer hereby covenants and agrees to construct and maintain for operation the Required Improvements; provided, however, nothing contained herein shall require any occupant of the Required Improvements to operate its business on the Site. Maintenance Covenants. Commencing on the Close of Escrow and terminating 30 years thereafter, the Developer shall maintain the Site and all improvements thereon, including the Festival Green and all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center. Without limiting the forgoing, the Developer shall specifically maintain the Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site and any and all other improvements on the Site. To accomplish the maintenance, Developer shall either staff or contract with and hire qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies: All improvements to the Site shall be maintained in conformance and in compliance with the reasonable commercial development maintenance standards for similar first quality retail commercial shopping centers in California, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private ...
