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, including without limitation the construction of the Pipeline, 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 Loan Agreement.
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. 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. (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. Borrower has commenced construction of the Improvements. Borrower 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 applicable Plans and the Loan Documents. Borrower shall not permit cessation of work for a period in excess of ten (10) days (whether or not consecutive), except for Excusable Delays. Borrower shall complete construction of all of the Improvements comprising the entirety of the Apartments Unit Project and the Office Tower/Retail Unit Project 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 at the applicable stage for the occupancy, use and operation of such Improvements, in each case satisfactory to Administrative Agent, on or before the Completion Date applicable to each of the Apartments Unit Project and the Office Tower/Retail Unit Project. Borrower shall promptly correct (a) any material defect in any Improvements, (b) any material departure from the applicable 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. Borrower shall maintain all permits and governmental approvals necessary for construction of the Improvements. Borrower acknowledges and agrees that certain permits relating to each of the Apartments Unit Project and the Office Tower/Retail Unit Project have been issued in the name of the general contractor, and Borrower hereby consents to the general contractor’s agreement to assign and otherwise cooperate with Administrative Agent to have any such permits placed in the name of Administrative Agent or its designee, upon a Default hereunder or a termination of the construction contract. Without limiting any other provision of this Agreement, the obligation of a particular Borrower to construct and complete the Improvements as required by the Loan Documents and pay all costs associated therewith shall be a joint and several obligation of all Borrowers. Without limiting the forgoing, Borrower shall pay or cause its general contractor to pay all costs charged by Xxxxx Xxxxxx to comply with the Designer’s Consent.
Construction of the Improvements. 15 Section 4.1 Permits and Approvals 15 Section 4.2 Construction Bonds 15 Section 4.3 Commencement of Construction 16 Section 4.4 Completion of Construction 16 Section 4.5 Certificate of Completion 16 Section 4.6 Changes; Construction Pursuant to Plans and Laws 16 Section 4.7 Prevailing Wages 17 Section 4.8 Equal Opportunity 19 Section 4.9 Minority and Women-Owned Contractors 19 Section 4.10 Progress Reports 19 Section 4.11 Construction Responsibilities 19 Section 4.12 Mechanics Liens, Stop Notices, and Notices of Completion 19 Section 4.13 Inspections 20 ARTICLE 5 ON-GOING REQUIREMENTS 20 Section 5.1 Information 20 Section 5.2 Hazardous Materials 21 Section 5.3 Fees and Taxes 23 Section 5.4 Notices 23 Section 5.5 Nondiscrimination 24 Section 5.6 Transfer 24 Section 5.7 Insurance Requirements 24 Section 5.8 Damage and Destruction 26 Section 5.9 Covenants Regarding Approved Financing 26 ARTICLE 6 REPRESENTATIONS AND WARRANTIES OF BORROWER 26 Section 6.1 Representations and Warranties 26 ARTICLE 7 DEFAULT AND REMEDIES 28 Section 7.1 Events of Default 28 Section 7.2 Remedies 30 Section 7.3 Right of Reverter 31 Section 7.4 Option to Repurchase, Reenter and Repossess 31
