Construction Reporting. The WIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master Program, including environmental compliance, design, and construction of the Projects. The Borrower shall be responsible for administering construction oversight of each Project in accordance with applicable federal, state and local governmental requirements. The Borrower agrees to cooperate in good faith with the XXXXX Xxxxxx in the conduct of such monitoring by promptly providing the WIFIA Lender with any Construction Contracts and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender or its agents, including any independent engineer reports, documentation or information. During the period through Substantial Completion of each Project, the Borrower shall furnish to the WIFIA Lender, on a quarterly basis, a report on the status of such Project, substantially in the form of Exhibit H (Form of Quarterly Report). The report shall be executed by the Borrower’s Authorized Representative and, for any quarterly period, shall be delivered to the WIFIA Lender within thirty (30) days following the end of such quarterly period (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later than the Projected Substantial Completion Date of such Project, the Borrower shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater System (if any), and a certification of the Borrower’s Authorized Representative that the new date could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Wifia Master Agreement
Construction Reporting. (i) The WIFIA Lender Credit Provider shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master ProgramProject, including environmental compliance, design, and construction of the ProjectsProject. The Borrower shall be responsible for administering construction oversight of each the Project in accordance with applicable federal, state and local governmental requirements. The Borrower agrees to cooperate in good faith with the XXXXX Xxxxxx WIFIA Credit Provider in the conduct of such monitoring by promptly providing the WIFIA Lender Credit Provider with such Construction Contracts (together with any Construction Contracts related contracts, side letters or other understandings) and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender Credit Provider or its agents, including any independent engineer reports, documentation or information. During the period beginning from the first quarter following bid advertisement of the first Construction Contract for the Project, through and until Substantial Completion of each the Project, the Borrower shall furnish to the WIFIA LenderCredit Provider, on a quarterly basis, a report on the status of such Project, substantially in the form of Exhibit H (Form of Quarterly Construction Monitoring Report). The report shall be executed by the Borrower’s Authorized Representative and, for any quarterly period, shall be delivered to the WIFIA Lender Credit Provider within thirty (30) days following of the end of each such quarterly period quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later different than the Projected Substantial Completion Date of such ProjectDate, the Borrower shall provide in such report the Construction Monitoring Report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender Credit Provider of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater System (if any), and a certification of the Borrower’s Authorized Representative that or difference. The Projected Substantial Completion Date shall automatically be adjusted to the new date could specified by the Borrower in the Construction Monitoring Report unless the WIFIA Credit Provider objects to the adjustment in writing to the Borrower within sixty (60) days following receipt of such Construction Monitoring Report on the basis that such report does not reasonably be expected demonstrate the matters specified in this paragraph.
(ii) The Borrower shall deliver to result in the WIFIA Credit Provider, prior to bid advertisement for the Project (including each sub-project or component, if applicable), a Material Adverse Effectcopy of the final specifications relating to the development and construction of the Project (or such sub-project or component, as the case may be), demonstrating compliance with all applicable federal requirements, and including a summary of the scope of work thereunder.
Appears in 1 contract
Samples: Wifia Credit Agreement
Construction Reporting. The WIFIA Lender Credit Provider shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master ProgramProject, including environmental compliance, design, and construction of the ProjectsProject. The Borrower City shall be responsible for administering construction oversight of each the Project in accordance with applicable federal, state and local governmental requirements. The Borrower City agrees to cooperate in good faith with the XXXXX Xxxxxx WIFIA Credit Provider in the conduct of such monitoring by promptly providing the WIFIA Lender Credit Provider with any Construction Contracts and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender Credit Provider or its agents, including any independent engineer reports, documentation or information. During the period through Substantial Completion of each the Project, the Borrower City shall furnish to the WIFIA LenderCredit Provider, on a quarterly basis, a report on the status of such the Project, substantially in the form of Exhibit H J (Form of Quarterly Report). The report shall be executed by the BorrowerCity’s Authorized Representative and, for any quarterly periodquarter, shall be delivered to the WIFIA Lender within thirty Credit Provider not later than the thirtieth (3030th) days day of the following the end of such quarterly period quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later than the Projected Substantial Completion Date of such ProjectDate, the Borrower City shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender Credit Provider of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater System (if any), and a certification of the Borrower’s Authorized Representative that the new date could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Wifia Credit Agreement
Construction Reporting. The WIFIA Lender Credit Provider shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master ProgramProject, including environmental compliance, design, and construction of the ProjectsProject. The Borrower City shall be responsible for administering construction oversight of each the Project in accordance with applicable federal, state and local governmental requirements. The Borrower City agrees to cooperate in good faith with the XXXXX Xxxxxx WIFIA Credit Provider in the conduct of such monitoring by promptly providing the WIFIA Lender Credit Provider with any Construction Contracts and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender Credit Provider or its agents, including any independent engineer reports, documentation or information. During the period through Substantial Completion of each the Project, the Borrower City shall furnish to the WIFIA LenderCredit Provider, on a quarterly basis, a report on the status of such the Project, substantially in the form of Exhibit H J (Form of Quarterly Report). The report shall be executed by the BorrowerCity’s Authorized Representative and, for any quarterly periodquarter, shall be delivered to the WIFIA Lender within thirty Credit Provider not later than the thirtieth (3030th) days day of the following the end of such quarterly period quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later than the Projected Substantial Completion Date of such ProjectDate, the Borrower City shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender Credit Provider of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater Water System (if any), and a certification of the Borrower’s Authorized Representative that the new date could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Wifia Credit Agreement
Construction Reporting. (i) The WIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master ProgramProject, including environmental compliance, design, and construction of the ProjectsProject. The Borrower City shall be responsible for administering construction oversight of each the Project in accordance with applicable federal, state and local governmental requirements. The Borrower City agrees to cooperate in good faith with the XXXXX Xxxxxx WIFIA Lender in the conduct of such monitoring by promptly providing the WIFIA Lender with any such Construction Contracts (together with any related contracts, side letters or other understandings) and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender or its agents, including any independent engineer reports, documentation or information. During the period beginning from the first quarter following bid advertisement of the first Construction Contract for the Project, through and until Substantial Completion of each the Project, the Borrower City shall furnish to the WIFIA Lender, on a quarterly basis, a report on the status of such the Project, substantially in the form of Exhibit H J (Form of Quarterly Report). The report shall be executed by the BorrowerCity’s Authorized Representative and, for any quarterly periodquarter, shall be delivered to the WIFIA Lender within thirty (30) days of the following the end of such quarterly period quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later than the Projected Substantial Completion Date of such ProjectDate, the Borrower City shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater System (if any), and a certification of the BorrowerCity’s Authorized Representative that the new date could not reasonably be expected to result in a Material Adverse Effect.
(ii) The City shall deliver to the WIFIA Lender, prior to bid advertisement for the Project (including each sub-project or component, if applicable), a copy of the final specifications relating to the development and construction of the Project (or such sub-project or component, as the case may be), demonstrating compliance with all applicable federal requirements, and including a summary of the scope of work thereunder.
Appears in 1 contract
Samples: Wifia Loan Agreement
Construction Reporting. The WIFIA Lender Credit Provider shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Master ProgramProject, including environmental compliance, design, and construction of the ProjectsProject. The Borrower shall be responsible for administering construction oversight of each the Project in accordance with applicable federal, state and local governmental requirements. The Borrower agrees to cooperate in good faith with the XXXXX Xxxxxx WIFIA Credit Provider in the conduct of such monitoring by promptly providing the WIFIA Lender Credit Provider with any Construction Contracts and such reports, documentation or other information in each case as shall be requested by the WIFIA Lender Credit Provider or its agents, including any independent engineer reports, documentation or information. During the period through Substantial Completion of each the Project, the Borrower shall furnish to the WIFIA LenderCredit Provider, on a quarterly basis, a report on the status of such the Project, substantially in the form of Exhibit H J (Form of Quarterly Report). The report shall be executed by the Borrower’s Authorized Representative and, for any quarterly periodquarter, shall be delivered to the WIFIA Lender Credit Provider within thirty (30) days of the following the end of such quarterly period quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date of any Project is a date later than the Projected Substantial Completion Date of such ProjectDate, the Borrower shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender Credit Provider of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Wastewater System Utility (if any), and a certification of the Borrower’s Authorized Representative that the new date could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Wifia Credit Agreement