Common use of Construction; Use Clause in Contracts

Construction; Use. (i) Borrower's failure to remedy any material deviation in the work of construction from the Plans and Specifications that occurred without the Department's approval or defective workmanship or materials in, or use of defective workmanship or materials in constructing, the Development, in each case to the Department's satisfaction, within ten (10) days of the Department's written demand to do so; (ii) the cessation of construction of the Development prior to completion for a continuous period of more than fifteen (15) days (unless caused by war, rebellion, insurrection, strike, lockout, boycott or act of God, or other event beyond the Borrower's control as determined in the sole discretion of the Department); (iii) the prohibition, enjoining or delaying (in any manner) the construction of, or the prohibition or enjoining (in any manner) the leasing of, any unit in the Development in accordance with the Loan Documents for a continuous period of more than thirty (30) days; or (iv) the curtailment in availability to the Development for a continuous period of more than thirty (30) days of utilities or other public services necessary for construction or the full occupancy and utilization of the Development.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Construction; Use. (i) BorrowerRecipient's failure to remedy any material deviation in the work of construction from the Plans and Specifications Scope of Work that occurred without the Department's approval or defective workmanship or materials in, in constructing the Infrastructure Project or use of defective workmanship or materials in constructing, the Housing Development, in each case to the Department's satisfaction, within ten (10) days of the Department's written demand to do so; (ii) the cessation of construction of the Infrastructure Project and Housing Development prior to completion for a continuous period of more than fifteen (15) days (unless caused by war, rebellion, insurrection, strike, lockout, boycott or act of God, or other event beyond the BorrowerRecipient's control as determined in the sole discretion of the Department); (iii) the prohibition, enjoining or delaying delay (in any manner) of the construction of, or the prohibition or enjoining (in any manner) of the leasing of, or sale of any unit in the Housing Development in accordance with the Loan Grant Documents for a continuous period of more than thirty (30) days; or (iv) the curtailment in availability to the Development for a continuous period of more than thirty (30) days of utilities or other public services necessary for construction or the full occupancy and utilization of the Development.or

Appears in 1 contract

Samples: Standard Agreement

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