Construction Issues. (i) Seller has made available to Purchasers true and complete copies of the Plans and Specifications and all material written reports regarding construction of the Pepsi Center, including those reports delivered to Denver Arena Trust or the Indenture Trustee by its construction consultant (the "Construction Reports").
(ii) Interim or final lien waivers have been obtained from the Architect, Construction Contractor and all subcontractors, materialmen and suppliers performing any work or supplying any materials with respect to the Pepsi Center, pursuant to which each such Person has waived all lien rights and claims with respect to all interim payments made to such Person. Neither Seller nor any of its Affiliates have received a notice of intent to file a lien against the Arena Land or the Pepsi Center, and no mechanics' lien or claim of lien has been asserted or threatened against the Arena Land or the Pepsi Center that has not been resolved as of the Effective Date.
(iii) Other than the Permitted Liens, all portions of the Pepsi Center are located on the Arena Land, without encroachment onto any other real property. All portions of the Pepsi Center constructed as of the Effective Date and as of the Closing have been constructed substantially in accordance with the Plans and Specifications.
(iv) Utility service lines and connections necessary to provide water, sewer, gas, electricity and telephone service to the Pepsi Center at levels sufficient to support its operation, use and maintenance in accordance with the Arena Agreement have been installed and are available for use.
(v) The Plans and Specifications were approved by all Governmental Authorities, design review committees and similar entities whose approval of construction or use of the Pepsi Center is required prior to construction under any Applicable Law, covenant, condition, restriction or reservation. All such approvals remain effective, and, to the Knowledge of Seller, there exist no violations of such approvals or conditions of such approvals which have not been satisfied.
Construction Issues. Prior to the Joinder Date, Parent will use its commercially reasonable efforts, to the extent permitted by applicable law, to cause the Company and the Member to, and after the Joinder Date until the Closing Date Parent shall cause the Company and the Member to, furnish to Buyer copies of any Conditional Waiver and Release Upon Progress Payment (a “Conditional Waiver”) received from the general contractor from the commencement of construction under the Construction Contract, a current form of which is attached hereto as Schedule 6.17, promptly after the date hereof (in case of Conditional Waivers received prior to the date hereof) or promptly after receipt thereof from the general contractor (in case of Conditional Waivers received after the date hereof).
Construction Issues. Borrower shall not (i) incur or suffer to exist any delays in completion of the Construction Project, (ii) agree to any change order which would increase the Project Cost by $20,000.00 or more, or any change order(s) which, in the aggregate, would increase the Project Cost by $100,000.00 or more without the prior written approval of Lender, or (iii) make any changes in the Construction Project to achieve cost savings without the prior written approval of Lender. Borrower shall deliver to Lender and Lender's Construction Consultant within five (5) business days after any change orders are made, a copy of such change order and an associated update of the Construction Budget which have been approved by the Architect and the Contractor.
Construction Issues. The potential for contaminated soil/groundwater to impact the planned project
Construction Issues. The Developer and the County Council agree as follows:-
5.1 The Developer shall supply all such information in respect of the Infrastructure Works as the County Council or its representatives shall from time to time reasonably require and shall permit the County Council or its representatives to inspect the progress of the Infrastructure Works Provided Always That the person inspecting shall comply with all relevant safety and security precautions and insurance requirements and shall not give any instructions to any contractor or any workmen on site concerning the Infrastructure Works and shall report to the site office before making any inspection and shall act in accordance with the proper instructions of the Developer or the relevant contractor
5.2 If as a result of any inspection pursuant to clause 5.1 the County Council or its representatives wish reasonable representation to be made to the relevant contractor the County Council shall be required to make such representations to the Developer and the Developer shall without delay take and procure that the relevant contractor shall take proper account thereof and shall inform the County Council without delay of any observations on such representations
5.3 The Developer shall perform the obligations of the client (for all purposes relating to the carrying out the Infrastructure Works) as set out in or to be reasonably inferred from the CDM Regulations
5.4 As soon as practicable after the Infrastructure Works are Completed the Developer shall remove from the Roads all surplus materials and rubbish whatsoever and leave the same clean and tidy to the reasonable satisfaction of the County Council
5.5 The Developer shall at its own cost until such time as the Infrastructure Works which are intended to be adopted by the appropriate statutory undertaker are adopted by the appropriate statutory undertaker comply with and discharge all required maintenance and/or remedial obligation and thereafter during the carrying out of any maintenance and/or remedial works during the defects liability period or maintenance period comply with all statutes bye-laws rules regulations orders or directions for the time being in force and affecting the Infrastructure Works
Construction Issues. Borrower shall not (i) incur or suffer to exist any delays in completion of the Construction Project, (ii) agree to any change order which would increase the cost of the Construction Project by $20,000.00 or more, or any change order(s) which, in the aggregate, would increase the cost of the Construction Project by $50,000.00 or more, or (iii) make any changes in the Construction Project to achieve cost savings without the prior written approval of Lender.
Construction Issues. (1) AEG has made available to New Arena true and complete copies of the Plans and Specifications and all written inspection and status reports regarding construction of the Pepsi Center, including without limitation, those reports delivered to Denver Arena Trust or the Indenture Trustee by its construction consultant (the "Construction Reports").
Construction Issues. 1. The Parties agree neither CITY or CONSULTANT shall not be responsible for:
a. the contractor's construction means, methods, techniques, sequences, procedures, safety precautions, and any programs incidental thereto, which shall remain the sole responsibility of the contractor;
b. the contractor's failure to perform the Work in accordance with the Approved Permit Documents;
c. acts or omissions of the contractor, its subcontractors or suppliers, or any other persons performing any of the Work.
2. The construction contractor is responsible for means and methods and to ensure the construction or constructed facility meets the requirements of the permit documents.
3. The construction contractor is responsible for all construction related activities, including job site safety.
4. The CONSULTANT will not have the authority to stop the Work of a contractor, provided, however that CITY may stop the Work of a contractor following consultation with CONSULTANT.
5. CONSULTANT shall not be required to execute any document that would result in CONSULTANT guaranteeing or warranting the existence of any conditions or construction.
6. If applicable, CONSULTANT shall make visits to the project site(s) to observe the executed work. CONSULTANT shall only be required to conduct inspections of a contractor’s work to enforce compliance with the applicable code. Beyond such inspections, CONSULTANT shall not be required to make inspections to check the quality or quantity of work and does not assume responsibility for any construction techniques, procedures, sequences, or schedules or for the conduct, action, errors, or omissions of any architect, engineer, designer, construction contractor, subcontractors, or material supplies, their agents, or employees, unless such services are specifically included in the applicable TASK ORDER.
Construction Issues. The Constructor will be responsible for detecting and remedying interferences by and between the Design Model and the Trade Model(s) including any construction coordination issues with the Owner. Once a solution is developed, the Constructor shall promptly coordinate any revisions to the Model with the Designer.
Construction Issues. The work letter is basically an abbreviated construction contract. As set forth above, work letters should, at least, cover the following issues: (a) A description of the work to be done in sufficient detail.
