Construction Matters Clause Samples
The "Construction Matters" clause defines how the terms and language of the contract should be interpreted and understood by the parties involved. Typically, this clause clarifies that headings are for convenience only and do not affect the meaning of the provisions, and it may specify that singular terms include the plural and vice versa, or that certain words have specific meanings throughout the agreement. By establishing clear rules for interpretation, this clause helps prevent disputes over ambiguous language and ensures that the contract is applied consistently and as intended by both parties.
Construction Matters. Without limitation of Lender’s rights and Borrower’s Obliga-tions set forth elsewhere in the Loan Documents, Borrower shall: (1) cause the Restoration and all other Construction to proceed with reasonable diligence and continuously, with sufficient workers employed and sufficient materials supplied for that purpose so that the applicable Construction is substantially completed by the applicable Required Completion Date, or, if no Required Completion Date is applicable, as promptly as reasonably practicable or, in the case of Restoration, the Restoration is Substantially Completed prior to the Required Restoration Date; (2) cause all Construction to be performed in accordance with the applicable Plans and Specifications or plans and specifications for the work in question, in substantial conformity with the Legal Requirements, the requirements of all insurers and fire underwriters, and with the requirements set forth herein and in the other Loan Documents, in compliance with the Material Contracts and in a good, safe and workmanlike manner; (3) cause all materials acquired or furnished in connection with the Construction and Restoration to be new and stored under adequate safeguards to minimize the possibility of loss, theft, damage or commingling with other materials or projects; (4) utilize, or permit utilization of, only contractors approved by Lender (such approval not to be unreasonably withheld, conditioned or delayed); (5) not permit the revision of Plans and Specifications without consent of Lender (not to be unreasonably withheld, conditioned or delayed); and (6) from time to time upon the reasonable request of Lender deliver to Lender such certificates and other documentation confirming the matters set forth in the preceding clauses (1) through (5). Promptly upon the giving or receipt of such notice, Borrower shall forward to Lender copies of all material written notices given or received by, or on behalf of, Borrower with respect to the Construction to or from: (x) Contractor or any subcontractor or material supplier, or any of the design professionals (including notices relating to any nonconforming construction, any refusal or inability to pay or perform pursuant to the terms of any contract or other agreement or any delay, default or change order) or (y) any claim of default, or relating to any work stoppage, notice of violation or cease and desist order, stop order, construction liens, strike, claim, litigation, damage, loss or any other mate...
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. 54 5.13 Delivery of Plans, Budget and Timetable....................................................55
Construction Matters from the Borrower confirming that:
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. Without limitation on other provisions of this Agreement:
(a) provide the Construction Consultant any and all requested access to the Expansion Project upon reasonable prior notice;
(b) cooperate in the preparation of each Construction Progress Report;
(c) maintain a full set of working drawings at the construction office for the Expansion Project for review by the Construction Consultant;
(d) within 15 days following any request by the Administrative Agent, deliver (i) then current Plans for the Expansion Project, (ii) then current lists of each material contractor, subcontractor and material supplier with respect to the Expansion 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 Expansion Project and all executed contracts and subcontracts for such work, and (iv) any other information or materials reasonably requested by the Administrative Agent or the Construction Consultant; and
(e) If requested by the Administrative Agent, promptly cause the Expansion Project's architect and general contractor to certify that the improvements constructed as of the date of any Construction Progress Report or the Completion Date conform to the Plans in all material respects.