Construction of the Improvements Sample Clauses
Construction of the Improvements. Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.
Construction of the Improvements. Borrower shall commence construction of the Improvements on or before the Construction Commencement Date, and shall prosecute the construction of the Improvements with diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable Laws and governmental requirements, the Plans and the Loan Documents. Borrower shall not permit cessation of work for a period in excess of ten (10) consecutive days, except for Excusable Delays. Borrower shall complete construction of the Improvements free and clear of all liens (except liens created by the Loan Documents), and shall obtain a certificate of occupancy and all other permits, licenses and approvals from all applicable governmental authorities required for the occupancy, use and operation of the Improvements, in each case satisfactory to Administrative Agent, on or before the Completion Date. Borrower shall promptly after receiving knowledge of same, correct (a) any material defect in the Improvements, (b) any material departure from the Plans, Law or governmental requirements, or (c) any encroachment by any Improvements or structure on any building setback line, easement, property line or restricted area.
Construction of the Improvements. Borrower shall cause construction of the Project to be prosecuted with diligence in a good and workmanlike manner, substantially in accordance with the Plans and Specifications and all building, zoning and other applicable governmental laws, statutes, ordinances, regulations, rules, permits and requirements affecting the Premises.
Construction of the Improvements. (a) Tenant shall enter into a construction contract with the Contractor on a form reasonably acceptable to Tenant ("Construction Contract") for the construction and installation of the Tenant Improvements in accordance with the Final Plans.
(b) Landlord shall deliver the Leased Premises, and Tenant shall accept the Leased Premises in an "As Is, Where Is" condition, without representation or warranty by Landlord of any kind, except as otherwise provided elsewhere in the Lease. All work necessary to complete the construction of the Leased Premises in order to permit Tenant to open its store for conduct of business shall be performed by Tenant in accordance with the Final Plans.
(c) Upon completion of the Tenant Improvements, Tenant shall provide Landlord with “as built” plans confirming that the Tenant Improvements were constructed in accordance with the Final Plans.
Construction of the Improvements. Mortgagor has, or prior to commencement of construction of any Improvements will have, received all requisite building permits and approvals, all approvals and consents to the Plans and without limiting the generality of the foregoing, complied with all requirements of law applicable to the construction of the Project. Mortgagor shall promptly complete all Improvements in a good and workmanlike manner in accordance with the Plans approved by Mortgagee and Mortgagor shall promptly pay when due all bills and costs for labor, services, utilities and materials, and Mortgagor shall keep the Mortgaged Property free from any liens or encumbrances of any nature except for this Mortgage and the Permitted Exceptions and the liens and encumbrances permitted by the Bond Lease.
Construction of the Improvements. As soon as practicably possible, Lessor shall apply for all building permits and other governmental permits and approvals necessary for the improvements described in the Approved Plans and Specifications (the "Improvements"). Thereafter, Lessor at its sole expense shall proceed diligently with the construction and completion of the Improvements in accordance with the Approved Plans and Specifications and all applicable governmental permits and approvals and all applicable laws, ordinances, regulations and court orders. Lessor shall complete the Improvements and they shall be ready for occupancy by Lessee not later than November 1, 1995, as such date may be extended by Force Majeure. The term "
Construction of the Improvements. Landlord shall enter into a construction contract with the Contractor on a form reasonably acceptable to Landlord ("Construction Contract") for the construction and installation of the Tenant Improvements in accordance with the Final Plans; provided, however, the Construction Contract shall contain substantially the same provisions set forth on Schedule 3 attached to this Work Letter and incorporated herein by this reference.
Construction of the Improvements. Tenant agrees to pay all impact fees assessed by governmental authorities in connection with the issuance of the of the Tenant's Building Permit or Certificate of Occupancy for the Improvements. Tenant agrees to pay the cost of obtaining its Building Permit, the cost of any utility capacity or connection fees, the cost to purchase utility meters charged by governmental authority or the applicable utility company and all other fees assessed by any governmental authority in connection with Tenant's construction of the Improvements. Tenant shall cause the Improvements to be constructed in substantial accordance with the Approved Tenant's Plans. Landlord also grants to Tenant the right to tie-into and utilize any and all master drainage systems. All work to be performed by Tenant shall be performed by a contractor selected by Tenant ("Tenant Contractor"). The Tenant Contractor shall have the following qualifications: (i) be bondable (but Tenant shall not be required to obtain a payment or performance bond); (ii) be a Florida licensed general contractor; and (iii) be reputable and experienced in similar commercial construction. From and after Tenant's commencement of construction of the Improvements, Tenant shall thereafter diligently prosecute such construction to completion in accordance with such Building Permit. Tenant's construction may vary from the requirements of the Approved Tenant's Plans if the variance is not material and is required by the circumstances or good construction practices, the Building Permit or applicable legal requirements. Subject to Section 14.10, Tenant shall complete construction of the Improvements ("Tenant's Work") in substantial accordance with the Approved Tenant's Plans not later than one (1) year from the later of the Commencement Date and the date upon which the Building Permit was issued ("Completion Date"). As soon as reasonably practicable after completion of the Improvements, Tenant shall provide Landlord with (i) a copy of Tenant's field set of construction plans and all change lists, and (ii) an as-built Survey of the Premises sealed and certified to Landlord, Landlord's mortgagee and the Landlord's title insurance company by a Florida licenses surveyor. Tenant covenants that as of the Completion Date the Improvements shall comply with all applicable governmental regulations, codes and ordinances of Brevard County, the State of Florida and other governmental entities having jurisdiction and with the approval granted b...
Construction of the Improvements. (a) Landlord shall substantially complete the Building Standard Improvements and the Non-Standard Improvements, if any, in accordance with the Plans and Specifications, not later than the Expansion Space Commencement Date as specified in the First Amendment. “Substantial Completion” shall mean that the Building Standard Improvements and the Non-Standard Improvements are sufficiently complete so as to allow Tenant to 9occupy the Expansion Space for the use and purposes intended without unreasonable disturbance or interruption; provided that Landlord, its employees, agents and contractors, shall be allowed to enter upon the Expansion Space at any reasonable time(s) following the Expansion Space Commencement Date as necessary to complete any 10unfinished details, and such entry shall not constitute an actual or constructive eviction of Tenant, in whole or in part, nor shall it entitle Tenant to any abatement or diminution of rent or relieve Tenant from any obligation under the First Amendment.
Construction of the Improvements. 17 Section 3.1 Permits and Approvals 17 Section 3.2 Bid Package 17 Section 3.3 Construction Contract 17 Section 3.4 Construction Bonds 18 Section 3.5 Commencement of Construction 18 Section 3.6 Completion of Construction 18 Section 3.7 Changes; Construction Pursuant to Plans and Laws 18 Section 3.8 Prevailing Wages 19 Section 3.9 Accessibility 21 Section 3.10 Relocation 21 Section 3.11 Equal Opportunity 22 Section 3.12 Minority and Women-Owned Contractors 22 Section 3.13 Progress Reports 22 Section 3.14 Construction Responsibilities 22 Section 3.15 Mechanics Liens, Stop Notices, and Notices of Completion 23 Section 3.16 Inspections 23 Section 3.17 Approved Development Budget; Revisions to Budget 23 Section 3.18 Developer Fee 24 Section 3.19 Partnership/Asset Fee 24 Section 3.20 NEPA Mitigation Requirements 24 ARTICLE 4. LOAN REQUIREMENTS 25 Section 4.1 Reserve Accounts 25 Section 4.2 Financial Accountings and Post-Completion Audits 25 Section 4.3 Approval of Annual Operating Budget 26 Section 4.4 Information 26 Section 4.5 County Audits 26 Section 4.6 Hazardous Materials 27 Section 4.7 Maintenance; Damage and Destruction 29 Section 4.8 Fees and Taxes 29 Section 4.9 Notices 30 Section 4.10 Operation of Development as Affordable Housing 30 Section 4.11 Nondiscrimination 31 Section 4.12 Insurance Requirements 31 Section 4.13 Covenants Regarding Approved Financing and Partnership Agreement 32 Section 4.14 Covenants Regarding the Ground Lease 33 ARTICLE 5. REPRESENTATIONS AND WARRANTIES OF BORROWER 34 Section 5.1 Representations and Warranties 34