Construction Management Agreement. THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate
Construction Management Agreement. THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate existing under the laws of the State of Florida (“Owner”), hereby contracts with (“Construction Contractor”), a , to perform all work (“Work”) in connection with the management and construction of that certain construction of (“Project”), located at , said Work being set forth in the plans and specifications being prepared by , the Architect and/or Engineer of Record (“Design Professional”) and all other Contract Documents hereafter specified. Owner and Construction Contractor, for the consideration herein set forth, agree as follows:
Construction Management Agreement. The term “
Construction Management Agreement. (i) Borrower shall cause Construction Manager to manage Capital Expenditures Work and Tenant Improvement Work in accordance with the Construction Management Agreement and this Agreement. Borrower shall (A) diligently perform and observe, in each case in all material respects, all of the terms, covenants and conditions of the Construction Management Agreement on the part of Borrower to be performed and observed, (B) promptly notify Administrative Agent of any notice to Borrower of any material default by Borrower in the performance or observance of any of the terms, covenants or conditions of the Construction Management Agreement on the part of Borrower to be performed and observed, (C) promptly following receipt of Administrative Agent’s written request, deliver to Administrative Agent a copy of each financial statement, business plan, capital expenditures plan, report and estimate received by it pursuant to the terms of the Construction Management Agreement, (D) promptly enforce the performance and observance in all material respects of all of the covenants required to be performed and observed by Construction Manager under the Construction Management Agreement and (E) in the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of the Construction Management Agreement with respect to the performance of Capital Expenditures Work and Tenant Improvement Work, the terms of this Agreement shall control and Borrower shall cause Construction Manager to comply in all material respects with the terms and conditions of this Agreement. If Borrower or Construction Manager shall default in the performance or observance of any term, covenant or condition of the Construction Management Agreement on the part of Borrower to be performed or observed (beyond the expiration of any applicable grace, notice and cure periods), then, without limiting Administrative Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its Obligations hereunder or under the Construction Management Agreement, as applicable, Administrative Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the terms, covenants and conditions of the Construction Management Agreement on the part of Borrower to be performed or observed. Borrower hereby agrees to pay to Administrative Agent promptly follow...
Construction Management Agreement. As soon as practicable after the Management Committee has approved the final form of the Construction Management Agreement under Section 3.6.6 hereof and all actions contemplated by Sections 6.1 through 6.4 hereof have been completed, counsel appointed by the Management Committee shall complete for execution by the Participants a Construction Management Agreement with such appropriate and necessary ministerial variations, insertions and deletions as shall be required, and approved by the Management Committee, to reflect (i) the facts in existence at such time, and (ii) such other matters as shall be necessary to complete said Construction Management Agreement. Any other changes to the Construction Management Agreement must be approved by the Management Committee at a Level C Vote.
Construction Management Agreement. Lender shall have received (i) a certified copy of the Construction Management Agreement which (A) shall be in the form (including any Change Orders that require Lender’s approval pursuant to Section 3.15 hereof) previously approved by Lender, (B) shall have been duly executed and delivered by the parties thereto, and (C) shall be in full force and effect, and (ii) a duly executed and completed Construction Manager’s Consent with respect to the Construction Management Agreement, in the form required hereunder and otherwise reasonably acceptable to Lender and Construction Consultant.
Construction Management Agreement. The construction of the Project shall be managed by the Construction Manager pursuant to the Construction Management Agreement. The Construction Manager and the Construction Management Agreement shall be subject to approval by Lender in its reasonable discretion. Borrowers shall (i) enforce the Construction Management Agreement, (ii) waive none of the material obligations of any of the parties thereunder, (iii) do no act which would relieve the Construction Manager from its material obligations thereunder to construct the Project according to the Plans and Specifications, and (iv) make no material amendment to or Change Order under the Construction Management Agreement, except as permitted under Section 3.15 hereof, without the prior approval of Lender in its reasonable discretion.
Construction Management Agreement. “Construction Management Agreement” shall mean the Construction Management Agreement by and between the Borrower and Subsidiary dated effective September 1, 2005.
Construction Management Agreement. (a) The Management of the Design, Procurement and Construction of the Renewable Diesel Facility and any Required Upgrades prior to Final Completion shall be conducted by the Facilities Construction Manager pursuant to the terms of the Facilities Construction Management Agreement. If the Facilities Construction Manager resigns or is removed pursuant to the terms of the Facilities Construction Management Agreement, the Board shall have the right to cause the Company to either (i) cause the Facilities Construction Management Agreement to be assigned to any Member (other than PBF Member) or any Affiliate of a Member (other than an Affiliate of PBF Member) as the new Construction Manager thereunder or (ii) enter into a replacement Facilities Construction Management Agreement approved by the Board with any Person that is not a Member or an Affiliate of any Member. As of the Effective Date, the Members have approved the Agreed Facilities Construction Budget.
(b) Unless otherwise agreed by the Board as part of the Special Approval for taking on an Approved Capital Project, the Management of the Design, Procurement and Construction of any Approved Capital Project shall be conducted by the applicable Construction Manager under a new Construction Management Agreement (or an amended, existing Construction Management Agreement, as applicable). If such Construction Manager resigns or is removed pursuant to the terms of the applicable Construction Management Agreement, the Board shall have the right to either cause the Company to (i) cause such Construction Management Agreement to be assigned to any Member (other than the Member who was, or whose Affiliate was, such resigning or removed Construction Manager) or any Affiliate of a Member (other than the Member who was, or whose Affiliate was, such resigning or removed Construction Manager) as the new Construction Manager thereunder or (ii) enter into a new Construction Management Agreement approved by the Board with any Person that is not a Member or an Affiliate of any Member.
Construction Management Agreement. There shall have been delivered to the Bank a copy of the Construction Management Agreement, certified by the General Partners to be true, correct and complete, in form and substance satisfactory to the Bank.
