Common use of Construction Plans Clause in Contracts

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the Authority the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstanding. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, State, and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within twenty (20) days after the date of receipt of final plans from the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Redeveloper Develoepr shall submit to the Authority the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Development Program TIF Plan, and all applicable State and local laws and regulations. The Authority will shall approve the Construction Plans in writing (which approval shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to all the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development ProgramDistrict Plan; (iii) the Construction Plans conform to all applicable federal, State state and local lawslaw, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Redeveloper Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstandingor is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority under this Section 3.2 shall relieve the Redeveloper Developer of the obligation to comply with the terms of this Agreement, applicable federal, State, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewithImprovements. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within twenty thirty (2030) days after the date of receipt of final plans from the RedeveloperDeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- thirty (2030) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Redeveloper Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.

Construction Plans. (a) Before commencing construction Subject to Unavoidable Delays, on or before forty five (45) days following execution of the Minimum Improvementsthis Agreement, the Redeveloper Developer shall submit to the Authority City a site plan for the Development Property (“Site Plan”) and the Construction PlansPlans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Development Program Site Plan, the TIF Plan and all applicable State state and local laws and regulations. The Authority will City shall approve the Construction Plans in writing (which approval shall conclusively be deemed given upon issuance by if, in the City reasonable discretion of a building permit for the Minimum Improvements) if City: (i) the Construction Plans conform to all the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development ProgramDistrict Plan; (iii) the Construction Plans conform to all applicable federal, State state and local lawslaw, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Redeveloper Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstandingor is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority City under this Section 4.2 shall relieve the Redeveloper Developer of the obligation to comply with the terms of this Agreement, applicable federal, State, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewithImprovements. No approval by the Authority City shall constitute a waiver of an Event of Default. If approval of The City shall review the Construction Plans is requested within thirty (30) days of submission of a complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to the Construction Plans as required by the Redeveloper in writing at City, the time of submissionDeveloper shall submit the Construction Plans with the required changes to the City for approval and if Developer made the required changes, such the Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within twenty (20) days after the date of receipt of final plans from the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authorityapproved.

Construction Plans. S & B Realty agrees to cause, and shall cause Xxxx Theatres to comply with this Section 4.2. (a) Before ). Prior to commencing construction of the Minimum Improvements, the Redeveloper Xxxx Theatres shall submit to the Authority the EDA and S & B Realty completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity conformance with this Agreement, the Development Program Agreement and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing (which approval regulations and shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the Construction Plans conform submitted to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures EDA in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstandinga digital format. No approval by the Authority EDA shall relieve the Redeveloper Xxxx Theatres of the obligation to comply with the terms of this Agreement, applicable federal, State, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority EDA or S & B Realty shall constitute a waiver of an Event of Default. Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall constitute a waiver of a Loan Event of Default If approval of the Construction Plans is requested by the Redeveloper Xxxx Theatres in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityEDA, in whole or in partpart within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefor, and shall be made within twenty (20) 30 days after the date of their receipt of final plans from by the RedeveloperEDA or S & B Realty. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority EDA or S & B Realty rejects any Construction Plans in whole or in part, the Redeveloper Xxxx Theatres shall submit new or corrected Construction Plans within twenty (20) 10 days after written notification to the Redeveloper Xxxx Theatres of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. EDA and S & B Realty The AuthorityEDA's approval and S & B Realty’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements if Improvements, constructed pursuant thereto in accordance with said plans) comply to the Authority’s EDA's satisfaction and S & B Realty's satisfaction with the provisions of this Agreement relating theretothereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. The Redeveloper Xxxx Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority EDA or S & B Realty and/or any changes in the Construction Plans requested by the AuthorityEDA or S & B Realty, provided the EDA shall be bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Neither the Authority EDA, the City, nor any employee or official of the Authority EDA or City shall be responsible in any manner Manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, Plans including changes requested by the AuthorityEDA.

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Redeveloper Developer shall submit to the Authority the completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if if: (i) the Construction Plans conform to all the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess include exterior front and side walls constructed of the funds available to the Redeveloper for construction of the Minimum Improvementsclay brick; and (vi) no Event of Default has occurred and remains outstandingoccurred. No approval by the Authority shall relieve the Redeveloper Developer of the obligation to comply with the terms of this AgreementAgreement or of the Development Program, applicable federal, State, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefor, and shall be made within twenty (20) 30 days after the date of their receipt of final plans from by the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plansAuthority. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper Developer shall submit new or corrected Construction Plans within twenty (20) 30 days after written notification to the Redeveloper Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements if Improvements, constructed pursuant thereto in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.

Construction Plans. (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencing commencement of construction of each component the Minimum ImprovementsImprovements for which a municipal permit is issued, the Redeveloper Developer shall submit to the Authority the Construction PlansPlans for such component. The Construction Plans shall provide for the construction of the relevant component of the Minimum Improvements and shall be in substantial conformity with the Redevelopment Plan, this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if if; (i) the Construction Plans conform to all the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (viiv) no Event of Default has occurred and remains outstandingoccurred. No approval by the Authority shall relieve the Redeveloper Developer of the obligation to comply with the terms of this AgreementAgreement or of the Redevelopment Plan, applicable federal, State, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefore, and shall be made within twenty (20) 30 days after the date of their receipt of final plans from by the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plansAuthority. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper Developer shall submit new or corrected Construction Plans within twenty (20) 30 days after written notification to the Redeveloper Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s 's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements Improvements, if constructed pursuant thereto in accordance with said plans) comply to the Authority’s 's satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.