Common use of Construction Start and Completion Clause in Contracts

Construction Start and Completion. The Property Owner shall commence construction of the Project and shall diligently proceed with construction of the Improvements in accordance with the approved Plans and Budget and in a good, substantial and workmanlike manner in accordance with all applicable laws, ordinances, codes, rules and regulations. Construction of the Project shall be completed on or prior to the Outside Completion Date as defined in the Schedule of Financing Terms attached as Schedule II. If, in Capital Provider’s opinion, after thirty (30) days’ written notice to Property Owner, the construction is not proceeding with reasonable diligence, Capital Provider may (but shall not be obligated to) (i) request that Property Owner remove and replace the general contractor with a general contractor acceptable to Capital Provider, the failure of which by Property Owner shall be a default under this Agreement, (ii) utilize the C-PACE Financing funds and proceed with or continue construction of the Project and the disbursement of such funds shall be considered C-PACE Financing Advances, (iii) deny any C-PACE Financing Advances until such time as the construction resumes proceeding with reasonable diligence under a schedule approved by the Capital Provider, or (iv) exercise any other remedies available to Capital Provider under any other documents and instruments (including, without limitation, any disbursement agreement or completion guaranty) required pursuant to the

Construction Start and Completion. The Property Owner shall commence construction of the Project and shall diligently proceed with construction of the New Energy Improvements in accordance with the approved Plans and Budget and in a good, substantial and workmanlike manner in accordance with all applicable laws, ordinances, codes, rules and regulations. Construction of the Project shall be completed on or prior to the Outside Completion Date as defined in the Schedule Terms of Financing Terms attached as Schedule II. If, in Capital Provider’s opinion, after thirty (30) days’ written notice to Property Owner, the construction is not proceeding with reasonable diligence, Capital Provider may (but shall not be obligated to) (i) request that Property Owner remove and replace the general contractor with a general contractor acceptable to Capital Provider, the failure of which by Property Owner shall be a default under this Agreement, (ii) utilize the C-PACE CoPACE Financing funds and proceed with or continue construction of the Project and the disbursement of such funds shall be considered C-PACE CoPACE Financing Advances, (iii) deny any C-PACE CoPACE Financing Advances until such time as the construction resumes proceeding with reasonable diligence under a schedule approved by the Capital Provider, or (iv) exercise any other remedies available to Capital Provider under any other documents and instruments (including, without limitation, any disbursement agreement or completion guaranty) required pursuant to the

Construction Start and Completion. The Property Owner shall commence construction of the Project and shall diligently proceed with construction of the Energy Efficiency Improvements in accordance with the approved Plans and Budget and in a good, substantial and workmanlike efficient and competent manner in accordance with all applicable laws, ordinances, codes, rules and regulations. Construction of the Project shall be completed on or prior to the Outside Completion Date as defined in the Schedule of Financing Terms attached as Schedule II. If, in Capital Provider’s opinion, after thirty (30) days’ written notice to Property Owner, the construction is not proceeding with reasonable diligence, Capital Provider may (but shall not be obligated to) (i) request that Property Owner remove and replace the general contractor with a general contractor acceptable to Capital Provider, the failure of which by Property Owner shall be a default under this Agreement, (ii) utilize the CX-PACE XXXX Financing funds and proceed with or continue construction of the Project and the disbursement of such funds shall be considered CX-PACE XXXX Financing Advances, (iii) deny any CX-PACE XXXX Financing Advances until such time as the construction resumes proceeding with reasonable diligence under a schedule approved by the Capital Provider, or (iv) exercise any other remedies available to Capital Provider under any other documents and instruments (including, without limitation, any disbursement agreement or completion guaranty) required pursuant to the

Construction Start and Completion. The Property Owner shall commence construction of the Project and shall diligently proceed with construction of the New Energy Improvements in accordance with the approved Plans and Budget and in a good, substantial and workmanlike manner in accordance with all applicable laws, ordinances, codes, rules and regulations. Construction of the Project shall be completed on or prior to the Outside Completion Date as defined in the Schedule of Financing Terms attached as Schedule II. If, in Capital Provider’s opinion, after thirty (30) days’ written notice to Property Owner, the construction is not proceeding with reasonable diligence, Capital Provider may (but shall not be obligated to) (i) request that Property Owner remove and replace the general contractor with a general contractor acceptable to Capital Provider, the failure of which by Property Owner shall be a default under this Agreement, (ii) utilize the C-PACE CoPACE Financing funds and proceed with or continue construction of the Project and the disbursement of such funds shall be considered C-PACE CoPACE Financing Advances, (iii) deny any C-PACE CoPACE Financing Advances until such time as the construction resumes proceeding with reasonable diligence under a schedule approved by the Capital Provider, or (iv) exercise any other remedies available to Capital Provider under any other documents and instruments (including, without limitation, any disbursement agreement or completion guaranty) required pursuant to thethe Schedule of Financing Terms.