No Commencement. As of the date of this Agreement, no steps to commence construction on the Land, including steps to clear or otherwise prepare the Land for construction thereon or the delivery of material for use in construction of the Improvements, have been taken, nor has any contract or other agreement for construction thereon been entered into, for furnishing materials for such construction or for any other purpose, including with a Design Professional, the performance of which by the other party thereto would give rise to a lien on the Land.
No Commencement. Subject to the terms and conditions of Section 22, if Commencement of Construction of the associated Project Phase Work has not occurred within ninety (90) days after each of the Bond Proceeds Dates, then, at any time until Commencement of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds Notice, City may elect, in addition to any other legal and equitable remedies available to City, to unilaterally terminate this Agreement and all Ancillary Agreements and notify Developer that no additional Bond Proceeds will be disbursed, without any liability or obligation to Developer or Project Lender. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such ninety (90) day period but prior to Commencement of Construction. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a), or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent from, or notice to, Project Lender or any cure right in favor of Project Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.
No Commencement. The parties acknowledge that (i) Developer will use commercially reasonable efforts to pre-lease the Project to a level and on terms that Developer, in its sole discretion, deems acceptable, and (ii) if such pre-leasing does not occur, Developer may, in its sole discretion, elect not to proceed with the Project. If Developer fails to Commence Construction of the Project within thirty (30) months of the Execution Date, City and RDC may elect, as their sole remedy hereunder, to (i) unilaterally terminate this Agreement and all Ancillary Agreements; (ii) re-enter the Office Site and exercise its Power of Termination and cause title to the City Land to vest in RDC; and (iii) unilaterally terminate the Ancillary Agreements; in each case, without any liability or obligation to Developer or Project Lender. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such thirty (30) month period but prior to the time that Developer Commences Construction. Such notice may be recorded by RDC contemporaneously with, or at any time after, its delivery to Developer. Upon delivery of such notice to Developer and Lender, if applicable, Developer shall surrender possession of the City Land to RDC, and the City Land shall automatically, and without further action, re-vest in RDC. Any such re-vesting shall be free and clear of the Project Loan (subject to the terms of the Multi-Party Agreement) and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than (i) those to which title was subject upon RDC's delivery of the City Land Deed to Developer, including Permitted Exceptions, and (ii) those easements and agreements for utilities, drainage, sewer and other development related matters obtained after Closing for the benefit of the Office Site in order to facilitate the Project, and Project Lender shall immediately execute releases of any mortgages, assignments of leases and rents, and any other instruments encumbering the City Land whether or not such instruments are deemed released and/or extinguished by operation of law, subject to the terms of the Multi-Party Agreement. No delay or failure by City or RDC to enforce any of the covenants, conditions, reservations and rights contained in this Section 17.01, or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deeme...
No Commencement. Other than contracts for ordinary and customary maintenance of the Improvements and the completion of certain tenant improvements as described on Exhibit “D”, as of the date of this Agreement, no contract or other agreement for construction on the Mortgaged Property has been entered into for furnishing materials or for any other purpose, the performance of which by the other party thereto would give rise to a lien on the Land.
No Commencement. Except for sitework previously performed on the Phase II Land, all of which has been completed and paid in full, with full releases and lien waivers obtained from all Contractors and subcontractors performing any such work in accordance with applicable Governmental Requirements, as of the date hereof, no steps to commence construction on the Phase II Land have been taken, including, without limitation, steps to clear or otherwise prepare the Phase II Land for construction or the delivery of material for use in construction of the Improvements; and no action has been taken under the Construction Contract or any other contract or other agreement for construction which could give rise to a lien on the Phase II Land.
No Commencement. With respect to each House or Lot, as of the date of each applicable Security Instrument, no steps to commence construction on the applicable Lots, including steps to clear or otherwise prepare such Lots for construction thereon or the delivery of material for use in construction of the Improvements, have been taken. With respect to each A&D Project, as of the date of each applicable Security Instrument, no steps to commence construction on the applicable Land, including steps to clear or otherwise prepare such Lots for construction thereon or the delivery of material for use in construction of the A&D Improvements, have been taken.
No Commencement. As of the date of recordation of the Mortgage, (a) no steps to commence construction on the Land, including steps to clear or otherwise prepare the Land for construction thereon or the delivery of materials for use in construction of the Improvements, have been taken, and (b) no contract or other agreement has been executed for construction (including development) on the Land for engineering, architecture or other design related to any such construction, has been entered into, for furnishing materials for such construction or for any other related purpose, the performance of which by the other party thereto could give rise to a Lien.
No Commencement. As of the date of this Agreement, no steps to commence construction on the Land, including steps to clear or otherwise prepare the Land for construction thereon or the delivery of material in connection therewith have been taken, nor has any contract or other agreement for construction thereon been entered into, for furnishing materials for such construction or for any other purpose, the performance of which by the other party thereto would give rise to a lien on the Land. LOAN AGREEMENT - Page 17 667404; Miami-Dade County – Florida
No Commencement. Except for work regarding limited scope preparatory work for the demolition of the existing building, as of the date hereof, no steps to commence construction on the Land have been taken, including, without limitation, steps to clear or otherwise prepare the Land for construction or the delivery of material for use in construction of the Improvements; and no action has been taken under the Construction Contract or any other contract or other agreement for construction which could give rise to a lien on the Land.
No Commencement. As of the date of the execution of the Original Deed of Trust, no steps to commence construction on the portion of the Land covered by such Original Deed of Trust, including steps to clear or otherwise prepare such portion of the Land for construction thereon or the delivery of material for use in construction of the applicable Improvements, have been taken, and no contract or other agreement for construction thereon has been entered into, for furnishing materials for such construction or for any other purpose, the performance of which by the other party thereto would give rise to a Lien.
