Construction Matters. CONSTRUCTION AND OCCUPANCY OF DWELLING: COPY
(a) The Vendor will construct (if not already constructed) and complete upon the Property a dwelling (the "Dwelling") of the type hereinbefore indicated substantially in accordance with the plans and specifications available for viewing by the Purchaser at the Vendor’s sales office. Notwithstanding anything else herein contained, if for any reason except for the wilful neglect of the Vendor the Dwelling is not completed, utility services are not operative, the Planning Act has not been complied with, or the Dwelling has not been approved for occupancy by the Municipality on or before the Closing Date, the Purchaser agrees to grant and hereby grants such extension or extensions of time for completion of the foregoing as may be required by the Vendor and, subject to the provisions of the Addendum, the Closing Date shall be extended accordingly. Subject to the foregoing, if the Dwelling is not completed on or before the original or the extended closing date, or the said Dwelling type cannot be sited or built in accordance with the requirements of any governmental authority, this Agreement shall be considered as frustrated in accordance with clause 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder. The Purchaser acknowledges that construction of the Dwelling is subject to the Vendor’s overall construction schedule within the subdivision and that an extension of the Closing Date due to commencement of any phase of construction of the Dwelling at a date other than the earliest possible date shall not constitute or be deemed willful neglect. The Vendor may, at its option, delay the Closing Date for one (1) business day if the Purchaser is not ready to close without payment of delayed closing compensation. The Dwelling shall be deemed to be completed when all interior work has been substantially completed as determined by the Vendor, and the Purchaser agrees in such case, provided the Municipality has approved the Dwelling for occupancy and the Vendor has provided the evidence required by Tarion, to close this transaction, without holdback of any part of the Purchase Price, on the Vendor’s undertaking to complete the Dwelling. The Purchaser hereby agrees to accept the Vendor's covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers, in ful...
Construction Matters d) Subject to Schedule “H” attached hereto the Purchaser acknowledges that the Purchase Price has been calculated on the basis of the Vendor receiving the full benefit of the Rebate in an amount applicable as of the date of execution of this Agreement. If the Vendor does not receive the benefit of the Rebate, whether or not as a result of the Purchaser’s acts or omissions, the Purchase Price shall be increased by the amount of the Rebate not received.
e) The Purchaser agrees to pay as an Adjustment on the Closing Date the GST/HST exigible on any Adjustments to the Purchase Price credited to the Vendor on the Adjustments.
Construction Matters. Except as would not have and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, (i) the land, homes and other improvements sold by the Company and the Company Subsidiaries have at all times during the period of time in which the Company or the Company Subsidiaries have owned such land, homes and other improvements, complied with all applicable building codes, zoning, land use, Environmental Laws or similar Laws then in effect, (ii) there are no pending vendor recalls of which the Company has been notified or otherwise is aware of products incorporated in homes or other improvements built by the Company or the Company Subsidiaries, and (iii) neither the Company nor any of the Company Subsidiaries is the subject of any recalls or recall notices from any product safety commissions regarding products incorporated in homes or other improvements built by the Company or the Company Subsidiaries.
Construction Matters. (i) Certificates from the Architect, the General Contractor and, if required by the Administrative Agent, the Construction Consultant, certifying that the Improvements (including any off-site improvements) have been completed substantially in accordance with, and as completed comply with, the Plans and all Applicable Laws; and
(ii) Two (2) sets of detailed "as built" Plans approved in writing by the Borrower, the Architect, the General Contractor and, if required by the Administrative Agent, the Construction Consultant.
Construction Matters. Except as would not have and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, (i) the land, homes and other improvements sold by the Group Company have at all times during the period of time in which the Group Company has owned such land, homes and other improvements, complied with all applicable building codes, zoning, land use, Environmental Laws or similar Laws then in effect, (ii) there are no pending vendor recalls of which the Company has been notified or otherwise is aware of products incorporated in homes or other improvements built by any Group Company, and (iii) no Group Company is the subject of any recalls or recall notices from any product safety commissions regarding products incorporated in homes or other improvements built by any Group Company.
Construction Matters. The Purchaser agrees to meet the Vendor’s representative at the time designated by the Vendor prior to the Closing Date, to inspect the Property and to list all items remaining uncompleted at the time of such inspection together with all mutually agreed deficiencies with respect to the Property, on the Tarion Warranty Corporation (formerly the ONHWP) Certificate of Completion and Possession, in the form prescribed from time to time by, and required to be completed pursuant to the provisions of the Ontario New Home Warranties Plan Act, as amended, and the regulations made pursuant thereto (hereinafter referred to as “Tarion”). The said certificate shall be executed by both the Purchaser and the Vendor’s representative forthwith after such inspection, and THE SAID CERTIFICATE SHALL CONSTITUTE THE VENDOR’S ONLY UNDERTAKING WITH RESPECT TO INCOMPLETE OR DEFICIENT WORK.
Construction Matters. (a) Substantial Completion of the Construction has been achieved or will be achieved no later than August 15, 2019.
(b) Contractors have fully complied in all material respects with all of their obligations under their respective Construction Contracts, and (ii) no Contractor has defaulted (or been deemed to have defaulted by Seller) in its obligations under its respective Construction Contract or otherwise breached in any material respect its respective Construction Contract.
(c) Seller has inspected all Work performed and executed by all Contractors in connection with the Construction. Except as set forth on Schedule 4.24(c) of the Disclosure Schedules, (i) Seller has not rejected any Work performed by any Contractor in respect of the Construction or any portion thereof, and (ii) other than with respect to retainage, Seller has not withheld any payment otherwise owed to any Contractor or ordered any substitute Work from a third party. All Work has been or will be performed and completed in all material respects in accordance with, and conforming in all material respects to, the Contract Documents (as such terms are defined in the Construction Contracts) and in accordance with all Legal Requirements.
(d) [Intentionally omitted]
(e) Seller has paid all Contractors for the Work according to the payment schedules under the Construction Contracts.
(f) Notwithstanding the acceptance of any Work or any payment therefor, Seller has not agreed to waive any of Seller’s rights and remedies under the Construction Contracts if any Work is later found to be defective or nonconforming.
(g) Schedule 4.24(g) of the Disclosure Schedules sets forth (i) the name of each Contractor performing work relating to the Construction and (ii) the primary work performed by each such Contractor relating to the Construction.
(h) Upon final completion of all Work under the Construction Contracts, the Construction will operate and fully function for its intended purpose as grain receiving, handling and storage facilities in accordance with the Owner Specifications and all Contractor warranties, and will safely operate in accordance with good industry practice and in compliance with all applicable Legal Requirements; provided Buyer agrees that, to the extent there are any issues with the Construction following completion that would result in Seller Parties being in breach of this representation and warranty, Buyer will first use commercially reasonable efforts to recover damages resulting...
Construction Matters. (a) for each Ship, a copy, certified by the legal advisor of the relevant Owner to be a true and complete copy, of the relevant Shipbuilding Contract;
(b) in relation to the relevant Shipbuilding Contract:
(i) confirmation from the relevant Owner that prior instalments under the relevant Shipbuilding Contract have been paid to the Builder; and
(ii) a copy of each SWIFT payment instruction or telegraphic transfer to the Builder in relation to each pre-delivery instalment of the relevant Contract Price required to have been paid by the relevant Owner under the terms of the relevant Shipbuilding Contract and a copy of each invoice and other documents provided by the Builder to request payment of such instalment; and
(c) evidence satisfactory to the Facility Agent that if applicable any authorisations required from any government entity for the export of such Ship by the Builder have been obtained or that no such authorisations are required.
Construction Matters. 3- 4.8 PERMITS . . . . . . . . . . . . . . . . . . . . . -3- 4.9 LITIGATION . . . . . . . . . . . . . . . . . . . . -3- 4.10 OTHER CONDITIONS . . . . . . . . . . . . . . . . . -3- 5.
Construction Matters. 54 5.13 Delivery of Plans, Budget and Timetable....................................................55
