Development Consultant. BREA reserves the right to retain a consultant (“Consultant“), at the Company’s expense, as BREA’s consultant in connection with the Properties (including any remediation, development or construction with respect to the Properties), in order to advise BREA in connection with all approvals requested of BREA under this Agreement, and the administration of all Contribution Requests. If Consultant is retained, he shall be furnished with copies of all information, reports, documents, notices and other materials required to be provided to BREA pursuant to this Agreement, at the same time furnished to BREA. In addition, BREA shall have the right by written notice to ESC to cause ESC to furnish certain of such information, reports, documents, notices or other materials solely to Consultant.
Development Consultant. Investor shall have the right to engage, appoint and/or replace (i) one construction consultant to advise Investor and consult with the Manager and Principals, with respect to development-and-construction-related issues that arise in the course of the Company's conduct of business and (ii) one asset manager to advise Investor and consult with the Manager and Principals, with respect to pre-development and post-development related issues, which are distinct from those issues and the role of the construction consultant in clause (i) above. The cost of such construction consultant and asset manager shall not exceed the market rate for such services at such time, and such cost shall be paid by the Company and included in (or, if appropriate, added to) the applicable Budget(s) then in effect. Manager, on behalf of itself and its Affiliates, shall, and shall use commercially reasonable efforts to cause any third parties to meet, consult and otherwise cooperate with all such construction consultants and provide such consultants copies of minutes of meetings between Manager and any third party construction managers, developers and general contractors.
Development Consultant. (a) Borrower acknowledges that Lender may retain from time to time a Development Consultant at the sole expense of Borrower, to act as a consultant and only as a consultant to Lender in connection with the predevelopment, development and construction of the Project. Without limitation of the foregoing, the Development Consultant shall advise Lender in connection with all approvals requested of Lender under this Agreement, any general contract, any architect agreement and any engineer agreement. In addition the Development Consultant shall have the right to inspect, examine and test the predevelopment, development and construction of the Project at Borrower's expense. In connection with any such examination, inspection or test (x) the Development Consultant shall have the right to question any general contractor, the Property Manager, any architect, any engineer and their respective employees concerning such predevelopment, development and construction, and (y) Borrower, any general contractor, Manager, any architect and any engineer shall make available to the Development Consultant such facilities and office or other working space as may be reasonably requested. The Development Consultant shall have the right to attend any meetings of Borrower's, any general contractor's, any architect's, Manager's and/or any engineer's team. Borrower, any general contractor, any architect and any engineer will meet with the Development Consultant at such times as the Development Consultant may reasonably request and will promptly provide the Development Consultant with such information as the Development Consultant may reasonably request. If a Development Consultant is retained, such Development Consultant shall be furnished with copies of all information, reports, documents, notices and other materials required to be provided to Lender pursuant to this Agreement, at the same time furnished to Lender, or required to be provided to Borrower under any general contract, any architect agreement or any engineer agreement. Borrower shall reimburse Lender for the fees of, and reimbursements to, the Development Consultant within five (5) days following Lender's request therefor, provided that Borrower shall not be obligated to reimburse Lender for any fees (as opposed to reimbursements for out-of-pocket costs and expense) of the Development Consultant that exceed $20,000 per month.
Development Consultant. The Lender may designate a consultant to perform various services on behalf of the Lender both prior to and after Closing, including, without limitation, review of plans and specifications and all proposed changes to them, preparation of a "cost take-off" construction analysis, if so desired by the Lender, the inspection of construction work for conformity with the approved plans and specifications and the approval of requests for Loan disbursements, and review and approval of the matters described in PARAGRAPH 7 of EXHIBIT A to this Commitment Letter.
Development Consultant. All submittals, correspondence, scheduling of meetings and other Community activities shall be reviewed by Xx. Xxxx Xxx, Seller's representative, and Buyer shall make reasonable efforts to notify Seller's representative of its communications with the Community. 5.2.
Development Consultant. The development consultant is budgeted at 50% in 1992 and graduates to 100% in 1996. This could become a staff position by the year 1996.
Development Consultant. NorthStar reserves the right to retain a development, architectural and/or engineering consultant (who is not an Affiliate of NorthStar) ("DEVELOPMENT CONSULTANT"), at the Company's expense, as NorthStar's consultant in connection with the Project, in order to advise NorthStar in connection with all approvals requested of NorthStar under this Agreement (including "Major Decisions" as defined below), and the administration of all Contribution Requests. If a Development Consultant is retained, he shall be furnished with copies of all information, reports, documents, notices and other materials required to be provided to NorthStar pursuant to this Agreement, at the same time furnished to NorthStar. In addition, NorthStar shall have the right by written notice to Xxxx to cause Xxxx to furnish certain of such information, reports, documents, notices and/or other materials solely to Development Consultant as agent for NorthStar.
Development Consultant. The Preferred Member reserves the right to retain a development, architectural and/or engineering consultant (collectively, the “Development Consultant”), at the Company’s expense, as the Preferred Member’s consultant in connection with the Construction and the administration of all Requisitions in order to advise the Preferred Member in connection with the progress of the Construction Work and all approvals requested of the Preferred Member under this Agreement (including the Major Decisions as defined below). If a Development Consultant is retained, the Developer Member shall furnish such Development Consultant with copies of all information, reports, documents, notices and other materials required to be provided to the Preferred Member or the Company under this Agreement, at the same time as the same are furnished to the Preferred Member or the Company.
Development Consultant. During the Due Diligence Period and Approval Period, Buyer shall engage Seller to serve as its consultant to deal exclusively with the Community on all necessary Community Approvals described in this Section 5 and the Required Approvals. All coordination of meetings with the Community shall be handled exclusively through Seller’s representative pursuant to a separate consulting agreement that shall be effective prior to Buyer conducting any due diligence on the Real Property and executed by both Parties prior to the Effective Date (the "Pre-Development Agreement") attached hereto as Exhibit G. 5.2.
Development Consultant. 83 Section 13.16 Governing Law; Benefit........................84 Section 13.17 Reproduction of Documents.....................84 Section 13.18 Absence of Control............................84 Section 13.19 Governmental Regulations of the Lender........85 Section 13.20 Accrual of Interest Under the Note............85 Section 13.21
