Common use of Construction Information and Verification Clause in Contracts

Construction Information and Verification. (a) Within thirty (30) days after receiving a written request from the Bondholder Representative so to do, the Borrower shall deliver to the Bondholder Representative any and all of the following information and documents, all in forms reasonably acceptable to the Bondholder Representative: (i) Current Plans and Specifications for the Project certified by the Architect as being complete and accurate; (ii) If required by Bondholder Representative, a current, complete, and correct list showing the name, address, and telephone number of each contractor, subcontractor, and material supplier who is engaged by the Borrower in connection with the Construction of the Project, together with the total dollar amount of each contract and subcontract (including any changes) and the amounts paid through the date of the list; (iii) A true and correct copy of the most current version of the Construction Contract, including any changes; (iv) A current construction progress schedule showing the progress of construction and the projected sequencing and completion times for uncompleted work, all as of the date of the schedule; (v) Any update to any item described above, previously delivered to the Bondholder Representative; and (vi) At any time after Construction of the Project, as-built plans and specifications for the Project as actually completed to date, certified by the Architect as being complete and accurate (provided, however, if the Architect is not reasonably able to deliver such as built plans and specifications within such thirty (30) day period, the Bondholder Representative consents to extend the Borrower’s deadline up to an additional thirty (30) days). (b) The Borrower expressly authorizes the Bondholder Representative to contact the Architect, the Contractor, or any contractor, subcontractor, material supplier, surety, or any Governmental Authority or agency to verify or discuss any information disclosed in accordance with this Section 5.11 and any other information that the Bondholder Representative may reasonably require. (c) The Borrower shall promptly notify the Bondholder Representative of any material default by Architect under the Architecture Contract and Contractor under the Construction Contract which is not cured after the passage of applicable notice and cure periods. If the Architect terminates or materially breaches the Architecture Contract or the Contractor terminates or materially breaches the Construction Contract and the Architect or the Contractor (as applicable) fails to cure such breach during any applicable notice and cure period, the Contractor must be replaced promptly, with a replacement approved by the Bondholder Representative and the Borrower must deliver all required information and documents to the Bondholder Representative regarding any such replacement Architect and/or Contractor. The Bondholder Representative shall not unreasonably withhold, condition or delay its approval of any replacement Architect and/or Contractor reasonably selected by the Borrower.

Construction Information and Verification. (a) Within thirty (30) 15 days after receiving a written request from the Bondholder Representative so to doBondowner Representative, the Borrower shall deliver to the Bondholder Bondowner Representative any and all of the following information and documentsdocuments that Bondowner Representative may specify, all in forms reasonably acceptable to the Bondholder Bondowner Representative: (i) Current Plans and Specifications for the Project certified by the Architect as being complete and accurate; (ii) If required by Bondholder Representative, a A current, complete, complete and correct list showing the name, address, address and telephone number of each contractor, subcontractor, subcontractor and material supplier who is engaged by the Borrower in connection with the Construction construction of the Project, together with and the total dollar amount of each contract and subcontract (including any changes) and together with the amounts paid through the date of the list;. (iiiii) A true True and correct copy copies of the most current version versions of all executed contracts and subcontracts identified in the Construction Contractlist described above, including any changes;. (iviii) A current construction progress schedule showing the progress of construction and the projected sequencing and completion times for uncompleted work, all as of the date of the schedule;. (iv) Evidence that the Requirements have been fully satisfied. (v) Any update to any item described above, previously delivered to the Bondholder Representative; and (vi) At any time after Construction of the Project, as-built plans and specifications for the Project as actually completed to date, certified by the Architect as being complete and accurate (provided, however, if the Architect is not reasonably able to deliver such as built plans and specifications within such thirty (30) day period, the Bondholder Representative consents to extend the Borrower’s deadline up to an additional thirty (30) days). (b) The Borrower expressly authorizes the Bondholder Bondowner Representative to contact any subcontractor, material supplier, surety or any governmental authority or agency, to verify any information regarding the Architect, Project. All contracts and subcontracts relating to construction of the Contractor, or Project must require the disclosure of such information to Bondowner Representative. Bondowner Representative may disapprove any contractor, subcontractor, material supplier, suretysurety or other party whom Bondowner Representative in its reasonable judgment may deem financially or otherwise unqualified; however, or the absence of any Governmental Authority or agency to verify or discuss any information disclosed in accordance with this Section 5.11 and any other information that the Bondholder Representative may reasonably requiresuch disapproval shall not constitute a representation of qualification. (c) The Based on the Requirements or any construction progress schedule or other materials submitted by Borrower or otherwise available to Bondowner Representative, if Bondowner Representative reasonably determines that all or a portion of the Project will not be completed by the Completion Date, Bondowner Representative may request Borrower in writing to reschedule the work of construction to permit timely completion. Within 15 days after receiving such a request from Bondowner Representative, Borrower shall promptly notify deliver to Bondowner Representative a revised construction progress schedule showing completion of the Bondholder Representative of any material default Project within the times required by Architect under the Architecture Contract and Contractor under the Construction Contract which is not cured after the passage of applicable notice and cure periods. If the Architect terminates or materially breaches the Architecture Contract or the Contractor terminates or materially breaches the Construction Contract and the Architect or the Contractor (as applicable) fails to cure such breach during any applicable notice and cure period, the Contractor must be replaced promptly, with a replacement approved by the Bondholder Representative and the Borrower must deliver all required information and documents to the Bondholder Representative regarding any such replacement Architect and/or Contractor. The Bondholder Representative shall not unreasonably withhold, condition or delay its approval of any replacement Architect and/or Contractor reasonably selected by the Borrowerthis Agreement.

Construction Information and Verification. ‌ (a) Within thirty (30) days after receiving a written request from the Bondholder Representative so to do, the Borrower shall deliver to the Bondholder Representative any and all of the following information and documents, all in forms reasonably acceptable to the Bondholder Representative: (i) Current Plans and Specifications for the Project certified by the Architect as being complete and accurate; (ii) If required by Bondholder Representative, a current, complete, and correct list showing the name, address, and telephone number of each contractor, subcontractor, and material supplier who is engaged by the Borrower in connection with the Construction of the Project, together with the total dollar amount of each contract and subcontract (including any changes) and the amounts paid through the date of the list; (iii) A true and correct copy of the most current version of the Construction Contract, including any changes; (iv) A current construction progress schedule showing the progress of construction and the projected sequencing and completion times for uncompleted work, all as of the date of the schedule; (v) Any update to any item described above, previously delivered to the Bondholder Representative; and (vi) At any time after Construction of the Project, as-built plans and specifications for the Project as actually completed to date, certified by the Architect as being complete and accurate (provided, however, if the Architect is not reasonably able to deliver such as built plans and specifications within such thirty (30) day period, the Bondholder Representative consents to extend the Borrower’s deadline up to an additional thirty (30) days). (b) The Borrower expressly authorizes the Bondholder Representative to contact the Architect, the Contractor, or any contractor, subcontractor, material supplier, surety, or any Governmental Authority or agency to verify or discuss any information disclosed in accordance with this Section 5.11 and any other information that the Bondholder Representative may reasonably require. (c) The Borrower shall promptly notify the Bondholder Representative of any material default by Architect under the Architecture Contract and Contractor under the Construction Contract which is not cured after the passage of applicable notice and cure periods. If the Architect terminates or materially breaches the Architecture Contract or the Contractor terminates or materially breaches the Construction Contract and the Architect or the Contractor (as applicable) fails to cure such breach during any applicable notice and cure period, the Contractor must be replaced promptly, with a replacement approved by the Bondholder Representative and the Borrower must deliver all required information and documents to the Bondholder Representative regarding any such replacement Architect and/or Contractor. The Bondholder Representative shall not unreasonably withhold, condition or delay its approval of any replacement Architect and/or Contractor reasonably selected by the Borrower.

Construction Information and Verification. (a) Within thirty (30) 15 days after receiving a written request from the Bondholder Representative so to doBondowner Representative, the Borrower Xxxxxxxx shall deliver to the Bondholder Bondowner Representative any and all of the following information and documentsdocuments that Bondowner Representative may specify, all in forms reasonably acceptable to the Bondholder Bondowner Representative: (i) Current Plans and Specifications for the Project certified by the Architect as being complete and accurate; (ii) If required by Bondholder Representative, a A current, complete, complete and correct list showing the name, address, address and telephone number of each contractor, subcontractor, subcontractor and material supplier who is engaged by the Borrower in connection with the Construction construction of the Project, together with and the total dollar amount of each contract and subcontract (including any changes) and together with the amounts paid through the date of the list;. (iiiii) A true True and correct copy copies of the most current version versions of all executed contracts and subcontracts identified in the Construction Contractlist described above, including any changes;. (iviii) A current construction progress schedule showing the progress of construction and the projected sequencing and completion times for uncompleted work, all as of the date of the schedule;. (iv) Evidence that the Requirements have been fully satisfied. (v) Any update to any item described above, previously delivered to the Bondholder Representative; and (vi) At any time after Construction of the Project, as-built plans and specifications for the Project as actually completed to date, certified by the Architect as being complete and accurate (provided, however, if the Architect is not reasonably able to deliver such as built plans and specifications within such thirty (30) day period, the Bondholder Representative consents to extend the Borrower’s deadline up to an additional thirty (30) days). (b) The Borrower expressly authorizes the Bondholder Bondowner Representative to contact any subcontractor, material supplier, surety or any governmental authority or agency, to verify any information regarding the Architect, Project. All contracts and subcontracts relating to construction of the Contractor, or Project must require the disclosure of such information to Bondowner Representative. Bondowner Representative may disapprove any contractor, subcontractor, material supplier, suretysurety or other party whom Bondowner Representative in its reasonable judgment may deem financially or otherwise unqualified; however, or the absence of any Governmental Authority or agency to verify or discuss any information disclosed in accordance with this Section 5.11 and any other information that the Bondholder Representative may reasonably requiresuch disapproval shall not constitute a representation of qualification. (c) The Based on the Requirements or any construction progress schedule or other materials submitted by Borrower shall promptly notify or otherwise available to Bondowner Representative, if Bondowner Representative reasonably determines that all or a portion of the Bondholder Representative of any material default by Architect under the Architecture Contract and Contractor under the Construction Contract which is Project will not cured after the passage of applicable notice and cure periods. If the Architect terminates or materially breaches the Architecture Contract or the Contractor terminates or materially breaches the Construction Contract and the Architect or the Contractor (as applicable) fails to cure such breach during any applicable notice and cure period, the Contractor must be replaced promptly, with a replacement approved completed by the Bondholder Completion Date, Bondowner Representative and may request Borrower in writing to reschedule the Borrower must work of construction to permit timely completion. Within 15 days after receiving such a request from Bondowner Representative, Xxxxxxxx shall deliver all to Bondowner Representative a revised construction progress schedule showing completion of the Project within the times required information and documents to the Bondholder Representative regarding any such replacement Architect and/or Contractor. The Bondholder Representative shall not unreasonably withhold, condition or delay its approval of any replacement Architect and/or Contractor reasonably selected by the Borrowerthis Agreement.