Payment of Bills for Construction. The Lessee covenants and agrees to pay or cause to be paid, currently as they become due and payable in accordance with the terms of the Construction Documents and the Bond Documents, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or on the Premises; provided, however, that the Lessee may, in good faith, in its own name, dispute and contest any such bill, fee, cost, or expense, and in such event, any such item need not be paid until adjudged to be valid. Unless so contested by the Lessee, all such items shall be paid by the Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. The Lessee shall provide the Lessor Representative (FPC Representative) with copies of each Application for Payment (and all supporting documentation) submitted by the General Contractor, each Certificate of Payment issued by the Architect prior to payment thereof, and evidence of payment of each such Application for Payment.
Payment of Bills for Construction. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, subcontractors, surveyors, and all other costs and expenses incident to any Construction in or on the Leased Property or the Construction of the Project Improvements pursuant to this Agreement; provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such bill, xxe, cost or expense (excepting any recorded lien claim, which recorded lien must be satisfied, by bonding off or otherwise, pursuant to Section 2.14 of this Agreement), and in such event, any such item need not be paid until adjudged to be valid. Unless so contested by Lessee, all such items shall be paid by Lessee, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto.
Payment of Bills for Construction. Lessee covenants and agrees to pay or cause to be paid, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or on the Project; provided, however, that the Lessee may, in good faith, in its own name, dispute and contest any such xxxx, fee, cost, or expense, and in such event, any such item need not be paid until adjudged to be valid. Unless so contested by the Lessee, all such items shall be paid by the Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. The Lessee agrees to provide and/or cause the Developer to provide the Lessor with copies of all applications for payment submitted by any contractors, all certificates of payment issued by all architects prior to payment thereof and evidence of payment of each such application for payment.
Payment of Bills for Construction. As a construction expense, the Lessor covenants and agrees to pay or cause to be paid, currently as they become due and payable in accordance with the terms of the Indenture or the Bond Documents, as the case may be, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, the Developer, the Architect, and any contractors and subcontractors and all other costs and expenses incident to any construction in or on the Project; provided, however, that the Lessor may, in good faith, in its own name, dispute and contest any such bill, fee, cost, or expense, and in such event, any such item need not be paid until adjudged to be valid. Unless so contested by the Lessor, all such items shall be paid by the Lessor within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. The Lessor agrees to provide and/or cause the Developer to provide the Lessee with copies of all Requests for Payment submitted by the Developer within three (3) business days after the date on which the Lessor receives such Requests for Payment. Such Requests for Payment shall be subject to the review and approval of (i) the Lessor in accordance with Section VII H of the Development Agreement and (ii) the Lessee, which approval (not to be unreasonably withheld) or rejection (which shall be accompanied by an explanation of such rejection) shall be provided by the Lessee to the Lessor in writing within seven (7) days following the Lessee’s receipt of the Request for Payment and, if such approval or rejection is not timely provided to the Lessor, the Lessee shall be deemed to have approved such Request for Payment.
