Common use of Covenants of the Construction Agent Clause in Contracts

Covenants of the Construction Agent. The Construction Agent hereby covenants and agrees that it will: (a) following the Construction Commencement Date for each parcel of Land, cause construction of a Building on such Land to be prosecuted diligently and without undue interruption substantially in accordance with the Plans and Specifications for such Land and in compliance in all material respects with all Requirements of Law and insurance requirements; (b) notify the Lessor and the Agent in writing not less than five (5) Business Days after the occurrence of each Construction Force Majeure Event; (c) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (d) take all reasonable and practical steps to cause the Completion Date for such Leased Property to occur on or prior to the Scheduled Construction Termination Date for such Leased Property, and cause all Liens (including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction of the Buildings), other than Permitted Liens and Lessor Liens, to be discharged; (e) following the Completion Date for each Leased Property, cause all outstanding punch list items with respect to the Buildings on such Leased Property to be completed within sixty (60) days after said Completion Date; and (f) at all times during construction of any Building, cause all title to all personalty financed by the Lessor on or within such Leased Property to be and remain vested in the Lessor and cause to be on file with the applicable filing office all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title free of all Liens other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the Agent pursuant to the Operative Documents.

Covenants of the Construction Agent. The Construction Agent hereby ----------------------------------- covenants and agrees that it will: (a) following the Construction Commencement Date for each parcel of LandDate, cause construction of a Building on such the Land to be prosecuted diligently and without undue interruption substantially in accordance with the Plans and Specifications for such Land Land, in accordance with the Construction Budget for such Leased Property and in compliance in all material respects with all Requirements of Law and insurance requirements; (b) notify the Lessor and the Agent in writing not less than five thirty (530) Business Days days after the occurrence of each Construction Force Majeure Event; (c) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (d) take all reasonable and practical steps to cause the Completion Date for such Leased Property to occur on or prior to the Scheduled Construction Termination Date for such Leased Property, and cause all Liens (including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction of the Buildings), other than Permitted Liens and Lessor Liens, to be dischargeddischarged or bonded off if disputed in good faith by appropriate proceedings by the Construction Agent; (ed) following the Completion Date for each Leased Property, cause all outstanding punch list items with respect to the Buildings on such Leased Property to be completed within sixty (60) days a reasonable time after said Completion Date; and (fe) at all times during construction of any Building, cause all title to all personalty financed by the Lessor on or within such Leased Property to be and remain vested in the Lessor and cause to be on file with the applicable filing office or offices all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title free of all Liens other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the Agent pursuant to the Operative Documents.

Covenants of the Construction Agent. The Construction Agent hereby ---------------------------------------- covenants and agrees that it will: (a) following the Construction Commencement Date for each parcel of Land, cause construction of a Building on such Land the Improvements to be prosecuted diligently and without undue interruption substantially continuously in accordance with the Plans and Specifications for such Land and in compliance in all material respects with all Legal Requirements of Law and insurance requirementsInsurance Requirements (except where the failure to comply with Legal Requirements and Insurance Requirements is not material); (b) cause the Completion Date to occur on or prior to the Outside Completion Date, free and clear (by removal or bonding) of Liens (other than Permitted Liens or Lessor Liens) or material claims for materials supplied or labor and services performed in connection with the construction of the Improvements; provided, that the failure to cause the Completion Date to occur -------- by the Outside Completion Date shall not be deemed a breach hereunder if such delay is caused by a Force Majeure Event and Completion is accomplished within three (3) months of the date otherwise applicable but for this proviso; provided, further, to the extent such failure to complete is caused by a Force -------- ------- Majeure Event extending beyond such three (3) month period, the Construction Agent shall elect one of the Construction Agent Options set forth in Section 2.6 and, if such election is not made within ten (10) Business Days of the end of such three (3) month period, the Construction Agent shall be deemed to have elected to purchase the Property for the Termination Value in accordance with the provisions of Section 2.6; (c) notify the Lessor and the Agent in writing not less than five (5) Business Days after the occurrence Responsible Officer of each the Construction Force Majeure EventAgent believes in his or her reasonable judgment that the Completion of Construction will not occur on or prior to the Outside Completion Date; (cd) promptly notify the Lessor and the Administrative Agent in writing of the occurrence of any Force Majeure Event and take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (de) take comply in all respects with all Legal Requirements (including Environmental Laws) and Insurance Requirements required for the Construction of Improvements during the Construction Period; (f) procure, maintain and comply with all licenses, permits, orders, approvals, consents, and other authorizations required for the construction of the Improvements and provide information to the Lessor within a reasonable and practical steps to cause time after the Completion Date Lessor's request for such Leased Property to occur on or prior information regarding the status of the foregoing; (g) subject to the Scheduled Construction Termination Date for such Leased Propertylimitations of Section 5.4(a) hereof and the receipt of sufficient funds in accordance with Section 4.1 hereof, pay and cause discharge any and all Liens (Project Costs, including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction costs of, as applicable, constructing, equipping and furnishing the Improvements and payment of all real estate taxes, insurance premiums and other items payable prior to Completion, as the Buildings), other than Permitted Liens same become due and Lessor Liens, to be dischargedpayable; (eh) following the Completion Date for each Leased Property, use reasonable good-faith efforts to cause all outstanding punch list items with respect to the Buildings Improvements on such Leased the Property to be completed completed, but in any event within sixty three (603) days after said months following the Completion Date; and (fi) at comply fully and punctually with all times during construction of any Buildingthe material terms, cause all title to all personalty financed by the Lessor covenants and conditions on or within such Leased Property its part to be and remain vested in complied with under the Lessor and cause to be on file with the applicable filing office all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title free of all Liens other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the agreements entered into by Construction Agent pursuant to the Operative Documentsparagraph 2.3 (a) (iii) hereof.

Covenants of the Construction Agent. The Construction Agent ----------------------------------- hereby covenants and agrees that it will: (a) following the Construction Commencement Date for each parcel of Land, cause construction of a Building on such Land to be prosecuted diligently and without undue interruption substantially in accordance with the Plans and Specifications for such Land Land, in accordance with the Construction Budget for such Leased Property and in compliance in all material respects with all Requirements of Applicable Law and insurance requirements; (b) notify the Lessor and the Agent in writing not less than five (5) Business Days after the occurrence of each Construction Force Majeure Event; (c) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (d) take all reasonable and practical steps to cause the Completion Date for such Leased Property to occur on or prior to the Scheduled Construction Termination Date for such Leased Property, and cause all Liens (including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction of the Buildings), other than Permitted Liens and Lessor Liens, to be discharged; (ed) following the Completion Date for each Leased Property, cause all outstanding punch list items with respect to the Buildings on such Leased Property to be completed within sixty (60) days after said Completion Date; and; (fe) at all times during construction of any BuildingConstruction, cause all title to all personalty financed by the Lessor on or within such Leased Property to be and remain vested in the Lessor and cause to be on file with the applicable filing office or offices all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title free of all Liens other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the Agent pursuant to the Operative Documents; and (f) not enter into any agreements or arrangements with any Person (other than the Funding Parties pursuant to the Operative Documents) that would result in any claim against, or liability of, the Agent or any Funding Party resulting from the fact that any Leased Property is not completed on or prior to the Scheduled Construction Termination Date therefor.

Covenants of the Construction Agent. The Construction Agent hereby covenants and agrees that it will, using the Funding Sources: (a) following the Construction Commencement Date for each parcel of Land, cause construction of a Building on such Land to be prosecuted diligently and without undue interruption substantially in accordance with the Plans and Specifications for such Land Land, in accordance with the Construction Budget for such Leased Property and in compliance in all material respects with all Requirements of Applicable Law and insurance requirements; (b) notify the Lessor and the Agent in writing not less than five (5) Business Days after the occurrence of each Construction Force Majeure Event; (c) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (d) take all reasonable and practical steps to cause the Completion Date for such Leased Property to occur on or prior to the Scheduled Construction Termination Date for such Leased Property, and cause all Liens (including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction of the Buildings), other than Permitted Liens and Lessor Liens, to be discharged; (ed) following the Completion Date for each Leased Property, cause all outstanding punch list items with respect to the Buildings on such Leased Property to be completed within sixty (60) days after said Completion Date; and; (fe) at all times during construction of any BuildingConstruction, cause all title take such action as Lessor may reasonably request to evidence or perfect Lessor’s interest in all personalty financed by the Lessor on or within such Leased Property to be and remain vested in the Lessor and cause to be on file Property; (f) not enter into any agreements or arrangements with the applicable filing office all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title free of all Liens any Person (other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the Agent Funding Parties pursuant to the Operative Documents) that would result in any claim against, or liability of, the Agent or any Funding Party resulting from the fact that any Leased Property is not completed on or prior to the Scheduled Construction Termination Date therefor; and (g) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events.

Covenants of the Construction Agent. The Construction Agent hereby covenants and agrees that it will: (a) following the Construction Commencement Date for each parcel of Land, cause construction of a Building on such Land to be prosecuted diligently and without undue interruption substantially in accordance with the Plans and Specifications for such Land Land, in accordance with the Construction Budget for such Leased Property and in compliance in all material respects with all Requirements of Applicable Law and insurance requirements; (b) notify the Lessor and the Agent in writing not less than five (5) Business Days after the occurrence of each Construction Force Majeure Event; (c) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events; (d) take all reasonable and practical steps to cause the Completion Date for such Leased Property to occur on or prior to the Scheduled Construction Termination Date for such Leased Property, and cause all Liens (including, without limitation, Liens or claims for materials supplied or labor or services performed in connection with the construction of the Buildings), other than Permitted Liens and Lessor Liens, to be discharged; (ed) following the Completion Date for each Leased Property, cause all outstanding punch list items with respect to the Buildings on such Leased Property to be completed within sixty (60) days after said Completion Date; and; (fe) at all times during construction of any BuildingConstruction, cause all title to all personalty financed by the Lessor on or within such Leased Property to be and remain vested in the Lessor and cause to be on file with the applicable filing office or offices all necessary documents under Article 9 of the Uniform Commercial Code to perfect such title Lessor's interest therein free of all Liens other than Permitted Liens, it being understood and acknowledged that such Lessor's rights, title and interest in and to said personalty have been assigned to the Agent pursuant to the Operative Documents; (f) not enter into any agreements or arrangements with any Person (other than the Funding Parties pursuant to the Operative Documents) that would result in any claim against, or liability of, the Agent or any Funding Party resulting from the fact that any Leased Property is not completed on or prior to the Scheduled Construction Termination Date therefor; and (g) take all reasonable and practical steps to minimize the disruption of the construction process arising from Construction Force Majeure Events.