Common use of Construction Covenants Clause in Contracts

Construction Covenants. (a) Make any change to the Plans or Budget which would (i) result in any material change in the scope of the Expansion Project, or (ii) delete or materially amend any of the amenities described on Schedule 6.19. (b) Fail to construct the Expansion Project in a good and workmanlike manner in accordance with sound building practices and without material deviation from the Plans (except to the extent approved by the Requisite Lenders), and comply in all material respects with all existing Laws and requirements of all Governmental Agencies having jurisdiction and in all material respects with all future Laws and requirements that become applicable to the Expansion Project. (c) Purchase or contract for any materials, equipment, furnishings, fixtures or articles of personal property to be placed or installed on the Expansion Project (or on the existing Wheeling Downs facility as contemplated pursuant to the Plans) under any security agreement or other agreement where the seller reserves or purports to reserve title or the right of removal or repossession (EXCEPT for such reservations as may arise solely by operation of Law), or the right to consider such materials personal property after their incorporation in the work of construction, unless the Administrative Agent in each instance has authorized the Borrower to do so in writing in each case except as permitted by Section 6.9(c). (d) Fail to promptly pay prior to delinquency (subject to applicable retentions) or otherwise discharge all claims and Liens for labor done and materials and services furnished in connection with the construction of the Expansion Project (and any improvements to the existing Wheeling Downs facility contemplated by the Plans), EXCEPT for claims contested in good faith by appropriate proceedings and without prejudice to the construction timetable, PROVIDED that any such claims are covered by such payment bonds or title insurance policy endorsements as may be reasonably requested by the Administrative Agent. (e) Fail to properly obtain, comply with and keep in effect all material permits, licenses and approvals which are customarily required to be obtained from Governmental Agencies in order to construct and occupy the Expansion Project as of the then current stage of construction, and deliver copies of all such permits, licenses and approvals to the Administrative Agent promptly following a written request therefor.

Construction Covenants. (a) Make any change With respect to each of the Plans or Budget which would Construction Projects: (i) result in any material change in the scope applicable Seller thereof will diligently pursue the construction of the Expansion Project, or (ii) delete or materially amend any Improvements thereof and installation of the amenities described on Schedule 6.19. (b) Fail to construct required Tangible Personal Property therein and diligently pursue the Expansion Project completion thereof in a good and workmanlike manner and in accordance substantial compliance with sound building practices the Approved Plans and without material deviation from Specifications, Approved Finish Schedule (with respect to the Plans (except Xxxxxx Property, the 1160 Xxxxxxx Property, and the Xxxxx Xxxx Xxxxx 0 Property only) and all applicable laws, ordinances, rules, regulations of governmental and other appropriate authorities having jurisdiction over the Property, to the extent approved by in force and effect as of the Requisite Lendersdate of issuance of building permits (collectively, “Requirements”); (ii) the applicable Seller thereof will submit to Buyer once during each month until the Closing for such Construction Project: (i) a detailed and itemized description of the completed work and any existing or proposed deviations from, or amendments or additions to, the Approved Plans and Specifications or Approved Finish Schedule (for the Xxxxxx Property, the 1160 Xxxxxxx Property, and comply in all material respects with all existing Laws and requirements the Alpha Mill Phase 2 Property only); (ii) copies of all Governmental Agencies having jurisdiction and in all material respects with all future Laws and requirements that become applicable any complete draw package submitted to the Expansion Project. (c) Purchase or contract for any materials, equipment, furnishings, fixtures or articles of personal property to be placed or installed on the Expansion Project (or on the existing Wheeling Downs facility as contemplated pursuant to the Plans) under any security agreement or other agreement where the seller reserves or purports to reserve title or the right of removal or repossession (EXCEPT construction lender for such reservations as may arise solely by operation of Law), or the right to consider such materials personal property after their incorporation in the work of construction, unless the Administrative Agent in each instance has authorized the Borrower to do so in writing in each case except as permitted by Section 6.9(c). (d) Fail to promptly pay prior to delinquency (subject to applicable retentions) or otherwise discharge all claims and Liens for labor done and materials and services furnished Construction Project in connection with construction financing of any kind; (iii) complete copies of any change orders under any construction contract for such Construction Project; (iv) any FF&E proposal that is subject to Buyer's review and approval; and (v) an updated rent roll for such Construction Project with lease up summary; and (iii) no Seller of a Construction Project shall modify the construction of the Expansion Approved Plans and Specifications for such Construction Project (and in any improvements material respect without Buyer's prior written approval, which shall not be unreasonably withheld, conditioned or delayed; provided that Buyer's consent shall not be required for any changes to the existing Wheeling Downs facility contemplated applicable Approved Plans and Specifications required by any applicable Government Authority for the Plans), EXCEPT issuance of a final certificate of occupancy for claims contested in good faith by appropriate proceedings and without prejudice to the construction timetable, PROVIDED that any such claims are covered by such payment bonds or title insurance policy endorsements as may be reasonably requested by the Administrative AgentConstruction Project. (e) Fail to properly obtain, comply with and keep in effect all material permits, licenses and approvals which are customarily required to be obtained from Governmental Agencies in order to construct and occupy the Expansion Project as of the then current stage of construction, and deliver copies of all such permits, licenses and approvals to the Administrative Agent promptly following a written request therefor.

Construction Covenants. (a) Fail to proceed diligently and without material interruption to construct and furnish the Golden Moon Project in accordance in all material respects with the Approved Plans and the Approved Budget. (b) Make any change to the Approved Plans or Approved Budget which would (i) increase the overall Approved Budget to amount which is in excess of $325,000,000, (ii) result in any material change in the scope of the Expansion ProjectGolden Moon Project so that the square footage of the casino area of the Golden Moon would be decreased by more than 5%, or (iiiii) delete or materially amend reduce any of the amenities described on Schedule 6.19.1.1B. (bc) Fail to construct the Expansion Golden Moon Project in a good and workmanlike manner in accordance with sound building practices and without material deviation from the Plans (except to the extent approved by the Requisite Lenders)Approved Plans, and comply in all material respects with all existing Laws and requirements of all Governmental Agencies having jurisdiction and in all material respects with all future Laws and requirements that become applicable to the Expansion Golden Moon Project. (cd) Purchase or contract for any materials, equipment, furnishings, fixtures or articles of personal property to be placed or installed on the Expansion Golden Moon Project (or on the existing Wheeling Downs facility as contemplated pursuant to the Plans) under any security agreement or other agreement where the seller reserves or purports to reserve title or the right of removal or repossession (EXCEPT for such reservations as may arise solely by operation of Law), or the right to consider such materials personal property after their incorporation in the work of construction, unless the Administrative Agent in each instance has authorized the Borrower to do so in writing in each case except as permitted by Section 6.9(c)writing. (de) Fail to promptly pay prior to delinquency (subject to applicable retentions) or otherwise discharge all claims and Liens for labor done and materials and services furnished in connection with the construction of the Expansion Project (and any improvements to the existing Wheeling Downs facility contemplated by the Plans)Golden Moon Project, EXCEPT for claims contested in good faith by appropriate proceedings and without prejudice to the construction timetable, PROVIDED that any such claims are covered by such payment bonds or title insurance policy endorsements other security, in each case as may be reasonably requested by the Administrative Agent. (ef) Fail to properly obtain, comply with and keep in effect all material permits, licenses and approvals which are customarily required to be obtained from Governmental Agencies in order to construct and occupy the Expansion Golden Moon Project as of the then current stage of construction, and deliver copies of all such permits, licenses and approvals to the Administrative Agent promptly following a written request therefor. (g) Fail, within 15 days following any written request by the Administrative Agent, to deliver (i) then current construction plans for the Golden Moon Project certified as true and correct by the Golden Moon Project architect and the project engineer, (ii) a then current list of the names, addresses and telephone numbers of each material contractor, subcontractor and material supplier with respect to the Golden Moon Project and the dollar value and amounts paid with respect to the related contracts, and (iii) then current versions of the construction schedule for all uncompleted work on the Golden Moon Project and all executed contracts and subcontracts for such work; (h) Fail to promptly notify the Administrative Agent if it takes title to any construction materials for the Golden Moon Project having a value in excess of $1,000,000 that are not located on the Tribe's reservation lands, or will not be delivered to the Tribe's reservation lands or a fully bonded storage lot within thirty days after the date upon which title thereto has been transferred to the Tribe (describing such construction materials, the purchase price therefor and the location thereof) and, if requested by the Administrative Agent, provide to the Administrative Agent the written acknowledgment of the Person having custody of such construction materials of the existence of the Administrative Agent's Lien on such construction materials and the right of the Administrative Agent to have access to and to remove such construction materials when an Event of Default has occurred and remains continuing. (i) Fail, as soon as practicable after the Completion Date, to provide the Administrative Agent with an ALTA survey of the Golden Moon site that (i) demonstrates compliance of the Golden Moon in all material respects with all applicable Laws and requirements of Governmental Agencies, (ii) sets forth all recorded easements and licenses burdening the Golden Moon site, (iii) reflects no encroachments onto the Golden Moon site and no encroachments by the Golden Moon onto adjoining real property (other than as reflected on the ALTA Survey described in the definition of Golden Moon site) and (iv) certifies the legal description of the Golden Moon Project site to be the same as that set forth on Schedule 4.7A (except for any immaterial deviations therefrom which are reasonably acceptable to counsel for the Administrative Agent).