Construction Process. Subject to the Operator’s duties and responsibilities provided for herein, the Operator has the exclusive right to construct, expand or extend the approved Projects in the AMI. When commercially reasonable under the circumstances, the Operator will seek multiple bids for construction and other work or services related to construction processes, and the Operator will not charge more than the Operator’s actual costs incurred plus chargeable items as set out in the Accounting Procedure. Other than as provided for in the Accounting Procedure, the Operator shall not contract with Affiliates for construction work or other work or services related to construction process without either: (a) Operator or its Affiliates having obtained multiple bids from third-party providers and Operator charging no more than ninety-five percent (95%) of the lowest bid; or (b) obtaining unanimous approval of the System Owners. As needed, the System Owners may, from time to time, consult with the Operator on the bidding process and selection of vendors. Each Project will be constructed hereunder in accordance with prudent operating practices, design codes and industry specifications. The Operator will have direct responsibility and supervision of all matters arising under any applicable construction contract and all matters arising during the actual construction work, and will proceed with such matters in accordance with this Agreement and what a prudent operator would do under the same or similar circumstances. Any System Owner, at its sole risk, cost and expense, has the right to inspect and observe the construction work at all reasonable times, as long as such actions do not interfere with the construction of the Project or the operations of the AMI Midstream Assets.
Construction Process. Seller and Seller Consultant shall reasonably consult with Buyer and Buyer Consultant throughout the construction of each of the Construction Projects, in order to apprise Buyer Consultant and Buyer of the progress of the construction of the Improvements. Seller shall permit Buyer and Buyer Consultant to have access to the Construction Projects during the period of construction to examine all aspects of such construction, and Buyer agrees to cause Buyer's Consultant to examine the construction of each Construction Project at least once a calender month during the construction thereof (provided that at Seller's written request, Buyer agrees to cause Buyer's Consultant to examine certain aspects of a Construction Project (as specified by Seller) no more than one additional time during a calendar month). From time to time (but not more often than four times in any calendar month), Seller may ask Buyer to approve certain construction details, assemblies, or substitutes, as well as any cosmetic, aesthetic or other aspects of the construction of a Construction Project that are not expressly set forth in the Approved Plans and Specifications (or if applicable, the Approved Finish Schedule) for such Construction Project (such aspects, the “Construction Details”). Buyer shall have ten (10) days after such request to deliver written notice to Seller either approving or disapproving such Construction Details; a failure of Buyer to respond during such ten day period shall be deemed an approval by Buyer of such Construction Details. A disapproval by Buyer of any Construction Details shall be accompanied by an explanation of such disapproval. If Seller and Buyer fail to agree on whether any such Construction Details should be approved, such dispute shall be subject to resolution by arbitration under Section 12.20 below. Nothing in this Section 3.3(h) shall require Buyer to approve (or be deemed to have approved) any changes to any items clearly and expressly described in the Approved Plans and Specifications of a Construction Project.
Construction Process. Tenant shall not commence the construction of -------------------- any Tenant Improvements until after Landlord and Tenant have agreed on the approved Plans and selection of the Contractor. Thereafter, Tenant shall be responsible for completing the construction of the Tenant Improvements in accordance with the approved Plans.
Construction Process. 5.a. Evaluate and act on post-bid substitution requests.
Construction Process. Buyer acknowledges that control, direction and supervision of all construction activities at the site will lie exclusively with Seller. Buyer shall not perform any work or contract with Seller’s contractors or other builders, contractors, interior decorators, or others to perform work in or about the Property until title is transferred to Buyer. Buyer shall not enter upon the construction site or the unfinished Property. Seller reserves the right to amend the Plat, site plan, plans and specifications, and the Declaration from time to time prior to the Closing as Seller may deem necessary or desirable to make corrections or meet requirements of its marketing programs, applicable laws, governmental regulations, lending institutions, or otherwise, so long as such amendments do not materially adversely affect the value of the Property.
Construction Process. Buyer acknowledges that control, direction and supervision of all construction personnel at the construction site will lie exclusively with Seller and that Buyer may not issue any instructions to, request construction modifications from, or otherwise interfere with, construction personnel. Buyer shall not perform any work or contract with Seller’s contractors or other builders, contractors, interior decorators, or others to perform work in or about the Condominium until title is transferred to Buyer at the Closing. Buyer shall not enter upon the construction site or the unfinished Condominium without prior written notice to, and consent of, Seller. Buyer shall indemnify, defend and hold harmless Seller, and its contractors, subcontractors, employees and agents against any claims, demands, loss, damages, liability, or other expense that they may incur by reason of Buyer’s breach of any provision of this Section 5.3.
Construction Process. With respect to any Project Work (including the construction of each AF Unit and all other Improvements to be constructed under this Agreement) on or within the Phase VI Land, the applicable Developer Party will follow the following construction process:
Construction Process. A. All building permit applications and related construction documents must be reviewed and approved in writing by Building Management prior to commencement of work, without exception.
B. Building Management reserves the right to restrict subcontractor selection for any trade performing work in the building. A pre-qualification statement must be submitted to Building Management for subcontractors who have not performed at Peninsula Plaza within the last two (2) years or on jobs of comparable size and dollar value.
C. The contractor shall complete work without disruption from labor disputes and in harmony with other trades and union affiliations.
D. Record of As-built drawings and Certificate of Occupancy must be submitted within 30 days of the completion of the project.
E. THESE RULES MUST BE POSTED ON JOB SITE.
Construction Process. Examination of the plans and specifications by the DES does not relieve the owner of responsibility. The owner must arrange access for observation of the installation by the DES. If, in the opinion of the observer, there is an improper installation or installed materials do not meet the minimum standards, remedial action must be taken to satisfy the minimum requirements presented in this section.
Construction Process. Subject to new Building standards and Sublandlord’s and Master Landlord’s reasonable approval, Subtenant shall control its own construction and contractor selection with respect to the non-core areas on the floor. Except as expressly provided to the contrary herein, Subtenant’s construction of the Subtenant Improvements shall be subject to all applicable provisions of the Sublease and Master Lease regarding alterations or improvements to the Subleased Premises, including without limitation the provisions contained in Section 8.12 of the Master Lease. Subtenant shall submit Subtenant’s plans and specifications for the construction of the Subleased Premises to both Sublandlord and Master Landlord for approval. Sublandlord shall approve Subtenant’s plans and specifications for the construction of the Subleased Premises, or provide written comments thereto, within five (5) business days of receipt for improvements that are nonstructural in nature, and within fifteen (15) days for improvements that involve structural work. Sublandlord acknowledges that Subtenant has retained Xxxx Xxxxxx of Intergroup Architects contracted through A&B Builders Inc. as Subtenant’s architect (“Subtenant’s Architect”) for preparation of construction drawings.
