Common use of Construction Monitor Clause in Contracts

Construction Monitor. FinanceCo has engaged an independent engineer to serve as the Construction Monitor for the FinanceCo Agent, the Authority, and the County. The Construction Monitor shall monitor the Project Improvements Work from time to time throughout the Project Term. The scope of the monitoring by the Construction Monitor shall include review of progress of work, review of contracts and substantive budget reviews, review of Construction Contract Change Orders, status of approvals and permits, certain matters specified in Section 8.1 hereof, all other matters required of the Construction Monitor under the Construction Funds Trust Agreement, and all matters required of the “independent engineer” under the Act. StadCo shall pay prior to delinquency all costs and expenses required to be paid to the Construction Monitor for the Construction Monitor’s providing the reports and services to the Authority required by this Section 3.2(h). Concurrently with the delivery thereof to the FinanceCo Agent, the Construction Monitor shall deliver to the Authority (and the Authority shall, in turn, provide to the County) all reports, information, and certificates provided by the Construction Monitor to the FinanceCo Agent under the FinanceCo Credit Facility. All such reports, information, and certificates shall be certified by the Construction Monitor to the Authority. Notwithstanding anything to the contrary this Agreement, including in this Section 3.2(h), but subject to StadCo’s obligation to comply with Section 8.1 hereof, the Construction Monitor shall not be required to deliver any reporting, information or certificates to the Authority hereunder or under the Construction Funds Trust Agreement, unless delivery thereof to the FinanceCo Agent is required to be made pursuant to the terms of the FinanceCo Credit Facility. The Authority and the County shall each have the right to Approve the replacement of the Construction Monitor by FinanceCo; provided, however, neither the Authority nor the County will withhold its Approval thereof, so long as the new Construction Monitor appointed by FinanceCo is a Qualified Construction Monitor with the same scope, duties, and responsibilities as the previous Construction Monitor.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Construction Monitor. FinanceCo has engaged an independent engineer to serve as the Construction Monitor for the FinanceCo Agent, the Authority, and the County. The Construction Monitor shall monitor the Project Improvements Work from time to time throughout the Project Term. The scope of the monitoring by the Construction Monitor shall include review of progress of work, review of contracts and substantive budget reviews, review of Construction Contract Change Orders, status of approvals and permits, certain matters specified in Section 8.1 hereof, all other matters required of the Construction Monitor under the Construction Funds Trust Agreement, and all matters required of the “independent engineer” under the Act. StadCo shall pay prior to delinquency all costs and expenses required to be paid to the Construction Monitor for the Construction Monitor’s providing the reports and services to the Authority required by this Section 3.2(h)3.13. Concurrently with the delivery thereof to the FinanceCo Agent, the Construction Monitor shall deliver to the Authority (and the Authority shall, in turn, provide to the County) all reports, information, and certificates provided by the Construction Monitor to the FinanceCo Agent under the FinanceCo Credit Facility. All such reports, information, and certificates shall be certified by the Construction Monitor to the Authority. Notwithstanding anything to the contrary in this Agreement, including in this Section 3.2(h)3.13, but subject to StadCo’s obligation to comply with Section 8.1 hereof, the Construction Monitor shall not be required to deliver any reporting, information information, or certificates to the Authority hereunder or under the Construction Funds Trust Agreement, unless delivery thereof to the FinanceCo Agent is required to be made pursuant to the terms of the FinanceCo Credit Facility. The Authority and the County shall each have the right to Approve the replacement of the Construction Monitor by FinanceCo; provided, however, neither the Authority nor the County will withhold its Approval thereof, so long as the new Construction Monitor appointed by FinanceCo is a Qualified Construction Monitor with the same scope, duties, and responsibilities as the previous Construction Monitor.

Appears in 1 contract

Samples: Development Agreement

Construction Monitor. FinanceCo has engaged an independent engineer The StadCo Agent shall engage, subject to the approval of the Authority, a Qualified Construction Monitor to serve as the Construction Monitor for the FinanceCo Agent, StadCo Agent and the Authority, and the County. The Construction Monitor shall monitor the Project Improvements Work from time to time throughout the Project Term. The scope of the monitoring by the Construction Monitor shall include review of progress of work, review of contracts and substantive budget reviews, review of Construction Contract Change Orders, status of approvals and permits, certain matters specified in Section 8.1 hereof, all other matters required of the Construction Monitor under the Construction Funds Trust Agreement, and all matters required of the “independent engineer” under the Act. StadCo shall pay prior to delinquency delinquency, as a Project Cost, all costs and expenses required to be paid to the Construction Monitor for the Construction Monitor’s providing the reports and services to the Authority required by this Section 3.2(h3.5(g). Concurrently with the delivery thereof to the FinanceCo StadCo Agent, the Construction Monitor shall deliver to the Authority (and the Authority shall, in turn, provide to the CountyState) all reports, information, and certificates provided by the Construction Monitor to the FinanceCo StadCo Agent under the FinanceCo StadCo Credit Facility. All such reports, information, and certificates shall be certified by the Construction Monitor to the Authority. Notwithstanding anything to the contrary this Agreement, including in this Section 3.2(h3.5(g), but subject to StadCo’s obligation to comply with Section 8.1 hereof, the Construction Monitor shall not be required to deliver any reporting, information or certificates to the Authority hereunder or under the Construction Funds Trust Agreement, unless delivery thereof to the FinanceCo StadCo Agent is required to be made pursuant to the terms of the FinanceCo StadCo Credit Facility. The Authority and the County shall each have the right to Approve the replacement of the Construction Monitor by FinanceCoStadCo Agent; provided, however, neither the Authority nor the County will withhold its Approval thereof, so long as unless the new Construction Monitor appointed by FinanceCo StadCo Agent is a Qualified Construction Monitor with the same scope, duties, and responsibilities as the previous Construction MonitorMonitor in which event, the Approval of the Authority shall not be required.

Appears in 1 contract

Samples: Development and Funding Agreement

Construction Monitor. FinanceCo has engaged an independent engineer to serve as the Construction Monitor for the FinanceCo Agent, the Authority, and the County. The Construction Monitor shall monitor the Project Improvements Work from time to time throughout the Project Term. The scope of the monitoring by the Construction Monitor shall include review of progress of work, review of contracts and substantive budget reviews, review of Construction Contract Change Orders, status of approvals and permits, certain matters specified in Section 8.1 hereof, all other matters required of the Construction Monitor under the Construction Funds Trust Agreement, and all matters required of the “independent engineer” under the Act. StadCo shall pay prior to delinquency all costs and expenses required to be paid to the Construction Monitor for the Construction Monitor’s providing the reports and services to the Authority required by this Section 3.2(h). Concurrently with the delivery thereof to the FinanceCo Agent, the Construction Monitor shall deliver to the Authority (and the Authority shall, in turn, provide to the County) all reports, information, and certificates provided by the Construction Monitor to the FinanceCo Agent under the FinanceCo Credit Facility. All such reports, information, and certificates shall be certified by the Construction Monitor to the Authority. Notwithstanding anything to the contrary this Agreement, including in this Section 3.2(h), but subject to StadCo’s obligation to comply with Section 8.1 hereof, the Construction Monitor shall not be required to deliver any reporting, information or certificates to the Authority hereunder or under the Construction Funds Trust Agreement, unless delivery thereof to the FinanceCo Agent is required to be made pursuant to the terms of the FinanceCo Credit Facility. The Authority and the County shall each have the right to Approve the replacement of the Construction Monitor by FinanceCo; provided, however, neither the Authority nor the County will not withhold its Approval thereof, so long as the new Construction Monitor appointed by FinanceCo is a Qualified Construction Monitor with the same scope, duties, and responsibilities as the previous Construction Monitor.

Appears in 1 contract

Samples: Development Agreement

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Construction Monitor. FinanceCo has engaged an independent engineer to serve as the Construction Monitor for the FinanceCo Agent, the Authority, and the County. The Construction Monitor shall monitor the Project Improvements Work from time to time throughout the Project Term. The scope of the monitoring by the Construction Monitor shall include review of progress of work, review of contracts and substantive budget reviews, review of Construction Contract Change Orders, status of approvals and permits, certain matters specified in Section 8.1 hereof, all other matters required of the Construction Monitor under the Construction Funds Trust Agreement, and all matters required of the “independent engineer” under the Act. StadCo shall pay prior to delinquency all costs and expenses required to be paid to the Construction Monitor for the Construction Monitor’s providing the reports and services to the Authority required by this Section 3.2(h). .. Concurrently with the delivery thereof to the FinanceCo Agent, the Construction Monitor shall deliver to the Authority (and the Authority shall, in turn, provide to the County) all reports, information, and certificates provided by the Construction Monitor to the FinanceCo Agent under the FinanceCo Credit Facility. All such reports, information, and certificates shall be certified by the Construction Monitor to the Authority. Notwithstanding anything to the contrary this Agreement, including in this Section 3.2(h), but subject to StadCo’s obligation to comply with Section 8.1 hereof, the Construction Monitor shall not be required to deliver any reporting, information or certificates to the Authority hereunder or under the Construction Funds Trust Agreement, unless delivery thereof to the FinanceCo Agent is required to be made pursuant to the terms of the FinanceCo Credit Facility. Facility.6 The Authority and the County shall each have the right to Approve the replacement of the Construction Monitor by FinanceCo; provided, however, neither the Authority nor the County will not withhold its Approval thereof, so long as the new Construction Monitor appointed by FinanceCo is a Qualified Construction Monitor with the same scope, duties, and responsibilities as the previous Construction Monitor.new

Appears in 1 contract

Samples: Development Agreement

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