Common use of Delays and Workmanship Clause in Contracts

Delays and Workmanship. If any work for any Replacement, Repair, or Restoration item has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrower: withhold disbursements from the applicable Reserve/Escrow Account; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, or Restoration items; apply the funds in the applicable Reserve/Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, or Restoration items, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.2. To facilitate Lender’s completion and performance of such Replacements, Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, or Restoration and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender shall be deemed to have been advanced to Borrower, and included as part of the Indebtedness and secured by the Security Instrument and this Loan Agreement.

Appears in 3 contracts

Samples: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement

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Delays and Workmanship. If any work for any Replacement, Repair, or Restoration item has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrower: withhold disbursements from the applicable Reserve/Escrow Account; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, or Restoration itemsitem; apply the funds in the applicable Reserve/Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, or Restoration items, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.2. To facilitate Lender’s completion and performance of such Replacements, Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, or Restoration and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender shall be deemed to have been advanced to Borrower, and included as part of the Indebtedness and secured by the Security Instrument and this Loan Agreement.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

Delays and Workmanship. If any work for any Replacement, Repair, or Restoration item has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrower: withhold disbursements from the applicable Reserve/Escrow Account; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, or Restoration items; apply the funds in the applicable Reserve/Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, or Restoration items, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.214.02. To facilitate LenderXxxxxx’s completion and performance of such Replacements, Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, or Restoration and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender Xxxxxx shall be deemed to have been advanced to Borrower, and included as part of the Indebtedness and secured by the Security Instrument and this Loan Agreement.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

Delays and Workmanship. If any work for any Replacement, Repair, Replacement or Restoration item Repair has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrowerany Obligor: withhold disbursements from the applicable Reserve/Replacement Reserve Account or Repairs Escrow AccountAccount for such unsatisfactory Replacement or Repair, as applicable; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, Replacement or Restoration itemsRepair; apply the funds in the applicable Reserve/Replacement Reserve Account or Repairs Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, Replacement or Restoration itemsRepair, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.2. To facilitate Lender’s completion and performance or making of such Replacements, Replacements or Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, Replacements or Restoration Repairs and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender shall be deemed to have been advanced to BorrowerObligors, and included as shall be part of the Indebtedness guaranteed by the IDOT Guaranty, and shall be secured by the Security Instrument and this Loan Agreement.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

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Delays and Workmanship. If any work for any Replacement, Repair, or Restoration item has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrower: withhold disbursements from the applicable Reserve/Escrow Account; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, or Restoration itemsitem; apply the funds in the applicable Reserve/Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, or Restoration items, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.214.02. To facilitate Lender’s completion and performance of such Replacements, Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, or Restoration and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender shall be deemed to have been advanced to Borrower, and included as part of the Indebtedness and secured by the Security Instrument and this Loan Agreement.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

Delays and Workmanship. If any work for any Replacement, Repair, or Restoration item has not timely commenced, has not been timely performed in a workmanlike manner, or has not been timely completed in a workmanlike manner, Lender may, without notice to Borrower: withhold disbursements from the applicable Reserve/Escrow Account; proceed under existing contracts or contract with third parties to make or complete such Replacements, Repairs, or Restoration items; apply the funds in the applicable Reserve/Escrow Account toward the labor and materials necessary to make or complete such Replacements, Repairs, or Restoration items, as applicable; or exercise any and all other remedies available to Lender under this Loan Agreement or any other Loan Document, including any remedies otherwise available upon an Event of Default pursuant to the terms of Section 14.214.02. To facilitate Lender’s completion and performance of such Replacements, Repairs, or Restoration items, Lender shall have the right to enter onto the Mortgaged Property and perform any and all work and labor necessary to make or complete the Replacements, Repairs, or Restoration and employ watchmen to protect the Mortgaged Property from damage. All funds so expended by Lender shall be deemed to have been advanced to Borrower, and included as part of the Indebtedness and secured by the Security Instrument and this Loan Agreement.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

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