Defects and Variances. Borrower will, upon demand of Lender and at Borrower’s sole expense, correct any structural defect in the Improvements or any variance from the Plans and Specifications for the Improvements (except for those for which Lender’s approval is not required under Section 5.2 above) which is not approved in writing by Lender.
Defects and Variances. Following demand by Lender and at Borrower’s sole expense, correct any structural defect in the Improvements or any material variance from the Plans that is not approved in writing by Lender and any material non-compliance with Legal Requirements.
Defects and Variances. Borrower will, upon demand of Lender and at Borrower's sole expense, correct any structural defect in the Phase I Improvements or any variance from the Plans and Specifications for the Phase I Improvements which is not approved in writing by Lender.
Defects and Variances. The Borrower will, upon demand by the Administrative Agent and at the Borrower’s sole expense, promptly have corrected any structural defect in the Improvements or any variance from the Construction Plans not approved in writing by the Administrative Agent, it being understood and agreed that the disbursement of any Term B Loan proceeds shall not constitute a waiver of the Administrative Agent’s right to require compliance with respect to any such defects or departures. If the Administrative Agent in its reasonable judgment determines that any work or materials fail to conform to any Governmental Requirements, any Requirements of Law or the Construction Plans, or that they otherwise depart from any of the requirements of this Agreement, then the Administrative Agent may require the nonconforming or defective work to be stopped and withhold its consent to further Advances upon 15 days written notice and opportunity to cure, until the nonconformity or defect, as applicable, is corrected. If this occurs, the Borrower must correct the work to the Administrative Agent’s reasonable satisfaction promptly and halt all other work which may be adversely affected by the nonconforming or defective work pending completion of such corrective work. No such action by the Administrative Agent will affect the Borrower’s obligation to complete the Improvements on or before the Completion Date.
Defects and Variances. Upon demand of Administrative Agent and at Borrower’s sole expense, Borrower shall correct (a) any structural defect in the Improvements; (b) any material variance from the Plans which is not approved in writing by Administrative Agent; (c) any non-compliance with any Legal Requirement; (d) any encroachment by any part of the Improvements or any other structures or improvements over or on any set-back line, easement, adjoining property or other restricted area; and (e) any encroachment of any adjoining structure upon the Land which any survey or inspection reflects. If Administrative Agent makes demand for Borrower to correct any such nonconformities, Borrower must promptly correct the nonconformity to Administrative Agent’s reasonable satisfaction, and Administrative Agent may (i) withhold its consent to further Advances, and (ii) with respect to a nonconformity under clauses (a), (b), (c), or (d) above, require the nonconforming work and all other work which may be affected by the nonconforming work to be stopped, until the nonconformity is completely corrected to Administrative Agent’s reasonable satisfaction. No such action by Administrative Agent will affect Borrower’s obligation to complete the Improvements on or before the Completion Date. Administrative Agent’s reliance on the recommendations of the Independent Consultant in making any demands or requiring any work to be stopped pursuant to this Section shall be deemed reasonable. Administrative Agent shall have no obligation to make demand for Borrower to correct any such nonconformity, and Administrative Agent not making a demand for Borrower to correct any such nonconformity shall not relieve Borrower from any of its obligations under the Loan Documents or otherwise with respect to construction of the Improvements, nor imply or be deemed to constitute a consent or waiver by Administrative Agent with respect to any such nonconformity. No disbursement of any Loan proceeds or other actions taken by Administrative Agent shall constitute a waiver of Administrative Agent’s rights under this Section.
Defects and Variances. Borrower will, upon demand of Lender and at Borrower’s sole expense, correct any structural defect in the Home or any material variance from the Plans and Specifications not approved in writing by Lender.
Defects and Variances. Borrower will, upon demand by Lender and at Borrower's sole expense, promptly correct any structural defect in the Improvements or any variance from the Plans not approved in writing by Lender, it being understood and agreed that the disbursement of any Loan proceeds shall not constitute a waiver of Lender's right to require compliance with respect to any such defects or departures. If Lender in its reasonable judgment determines that any work or materials fail to conform to any Governmental Requirements, any Legal Requirements or the Plans, or that they otherwise depart from any of the requirements of this Agreement, then Lender may require the nonconforming or defective work to be stopped and withhold its consent to further Advances until the nonconformity or defect, as applicable, is corrected. If this occurs, Borrower must correct the work to Lender's reasonable satisfaction promptly and halt all other work which may be affected by the nonconforming or defective work pending completion of such corrective work. No such action by Lender will affect Borrower's obligation to complete the Improvements on or before the Completion Date.
Defects and Variances. Borrower will, upon demand of Agent and at Borrower's sole expense, correct any structural defect in the Improvements or any variance from the Plans and Specifications not approved in writing by Agent.
Defects and Variances. Borrower will, upon demand of Lender and at Borrower’s sole expense, correct any structural defect in the Improvements.
