Common use of Performance of Engineering Work Clause in Contracts

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Sub-Account) the Required Engineering Work prior within the timetable set forth on EXHIBIT D hereof or such longer period of time, if any, to which Lender has agreed in writing, which period may, provided that Borrower is attempting to complete the six Required Engineering Work with all due diligence, be extended in the event of a Force Majeure for whatever period of time the Force Majeure prevented Xxxxxxxx from completing the Required Engineering Work, such extension period not to exceed an additional three (63) month anniversary of the Closing Datemonths. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and an Officer's Certificate or, with respect to items which individually or in the aggregate exceed $10,000, a statement from the Engineer, in each case reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in a workmanlike manner and in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Sub-Account; provided, however, that Borrower Xxxxxxxx shall not be reimbursed more than the amount set forth on Exhibit EXHIBIT D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Sub-Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Sub-Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower has deposited with Lender on the Closing Date an amount equal to the Initial Engineering Deposit. Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six nine (69) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty ten (2010) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty ten (2010) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower Mortgagor shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six twelve (612) month anniversary of the Closing Date. After Borrower Mortgagor completes an item of Required Engineering Work, Borrower Mortgagor may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower Mortgagor from the Engineering Escrow Account; provided, however, that Borrower Mortgagor shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower Mortgagor may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to BorrowerMortgagor. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, Property as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers (which may be conditional pending payment, if applicable) and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed out of the Engineering Escrow Account more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occuroccur and be continuing, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Lender shall reimburse Borrower shall promptly commence and diligently thereafter pursue for Required Engineering Work with respect to completion (without regard which Borrower wishes to the amount of money then available in withdraw sums from the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event not more frequently than once each month, reimburse provided that no Event of Default has occurred, that there are sufficient funds available in the Engineering Escrow Account to make such amount reimbursement and Borrower shall have theretofore furnished Lender with lien waivers, copies of bills, invoices and other reasonable documentation as may be required by Lender to Borrower from establish that the Required Engineering Work which is the subject of such request represent amounts due for completed or partially completed capital work and improvements performed at the Property, in which case Lender shall make such payments out of the Engineering Escrow Account; provided. In order to request such a reimbursement for Required Engineering Work, howeverBorrower shall submit to Lender for Lender’s written approval a reimbursement request for such Required Engineering Work not later than fifteen (15) days prior to the date for which such reimbursement is requested, that Borrower in form reasonably satisfactory to Lender setting forth in reasonable detail the basis for Borrower’s request and a detailed description of the completed or partially completed capital work and improvements performed at the Property. Lender shall have the right to approve such request, which approval shall not be reimbursed more than unreasonably withheld, and in the amount set forth on Exhibit D hereto as the amount allocated event that Lender objects to the portion proposed request submitted by Borrower, Lender shall advise Borrower of such objections within fifteen (15) days after receipt thereof (and deliver to Borrower a reasonably detailed description of such objections) and Borrower may, within ten (10) days after receipt of notice of any such objections revise such request and resubmit the Required Engineering Work for which reimbursement is soughtsame to Lender whereupon Lender agrees to review such new submission. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occuroccur and be continuing, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. date set forth for completion thereof on Exhibit D. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit EXHIBIT D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Upon and during the continuance of any Event of Default occurDefault, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower Grantor shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Sub-Account) the Required Engineering Work prior to as follows: (i) work designated as either "approved work" or "urgent work" on EXHIBIT D attached hereto and made a part hereof shall be completed by no later than the six (6) month anniversary of the Closing Datedate hereof, and (ii) work designated as "deferred work" shall be completed by no later than the one year anniversary of the date hereof. After Borrower Grantor completes an item of Required Engineering WorkWork set forth on EXHIBIT D hereto, Borrower Grantor may submit to Lender Beneficiary an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to LenderBeneficiary, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender Beneficiary shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower Grantor from the Engineering Escrow Sub-Account; providedPROVIDED, howeverHOWEVER, that Borrower Grantor shall not be reimbursed more than the amount set forth on Exhibit EXHIBIT D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is substantially completed, Borrower Grantor may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to LenderBeneficiary, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender Beneficiary shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Sub-Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein providedGrantor.

Performance of Engineering Work. (a) Borrower has deposited with Lender on the Closing Date an amount equal to the Initial Engineering Deposit. Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower Mortgagor shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Sub-Account) the Required Engineering Work prior to as follows: (i) work designated as either "approved work" or "urgent work" on Exhibit D attached hereto and made a part hereof shall be completed by no later than ninety (90) days from the six date hereof, and (6ii) month work designated as "deferred work" shall be completed by no later than the one year anniversary of the Closing Datedate hereof. After Borrower Mxxxxxxxx completes an item of Required Engineering WorkWork set forth on Exhibit D hereto, Borrower Mortgagor may submit to Lender Mortgagee an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to LenderMortgagee, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender Mortgagee shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower Mortgagor from the Engineering Escrow Sub-Account; provided, however, that Borrower Mxxxxxxxx shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is substantially completed, Borrower Mxxxxxxxx may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to LenderMortgagee, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender Mortgagee shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Sub-Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein providedMortgagor.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six three (63) month anniversary of the Closing Date, subject to extension of the date for commencement and completion of the Required Engineering Work as may be permitted by the applicable Governmental Authority, in all cases subject to Force Majeure, but in no event shall completion of the Required Engineering Work occur later than December 31, 2007. After Borrower completes an item of Required Engineering WorkWork or any portion thereof, Borrower may submit to Lender an invoice therefor with (a) lien waivers (to the extent permitted by law and with respect to payments received to date, if applicable), (b) a statement from the an Architect or Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question for which payment or reimbursement is sought has been substantially completed substantially in material compliance with all Legal RequirementsRequirements and (c) an Officer’s Certificate, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work for which payment or reimbursement is sought has been substantially completed in material compliance with all Legal Requirements and Borrower has paid or will with the requested disbursement pay all sums due in connection therewith. Notwithstanding the foregoing, in the event Borrower does not obtain the item set forth in clause (b) above, Borrower shall not be required to deliver such items to Lender. Lender shall, within twenty fifteen (2015) days thereafterafter Lender receives such item(s), although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) All funds deposited into the Engineering Escrow Account shall be held by Lender pursuant to the provisions of this Security Instrument and, provided no Event of Default shall have occurred and be continuing, shall be applied in payment of costs incurred by Borrower in connection with the Required Engineering Work. From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with (a) final lien waivers and waivers, (b) a statement from the an Architect or Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been substantially completed substantially in material compliance with all Legal Requirements, and (c) an Officer’s Certificate, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been substantially completed in material compliance with all Legal Requirements and Borrower has paid or will with the requested disbursement pay all sums due in connection therewith. Notwithstanding the foregoing, in the event Borrower does not obtain the item set forth in clause (b) above, Borrower shall not be required to deliver such items to Lender. Lender shall, within twenty fifteen (2015) days thereafterafter Lender receives such item(s), disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occurexist, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with with, if requested by Lender, lien waivers (which may be conditioned upon payment) and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse pay (or reimburse) such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed paid (or reimbursed) more than the amount set forth on Exhibit D C hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers (which may be conditioned upon payment from the requested disbursement) and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occurexist, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProjects, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower Grantor shall promptly commence and diligently thereafter pursue to completion (without regard the Required Engineering Work. In the event the Required Engineering Work is not completed prior to the date set forth in that certain Conversion and PIP Work Escrow Agreement of even date herewith among Commonwealth Land Title Insurance Company, Operating Tenant, the Person from which Borrower acquired title to the Property and White Lodging Services Corporation (the “CAP Escrow Agreement”), any sums released to Grantor or its Affiliates pursuant to the CAP Escrow Agreement shall be paid over to Lender and deposited into the Engineering Escrow Account. In the event the Required Engineering Work is not completed prior to the first (1st) anniversary of the Closing Date or if Lender does not have a perfected first priority lien over sums held pursuant to the CAP Escrow Agreement, Grantor shall deliver to Lender an amount to be deposited into the Engineering Escrow Account equal to one hundred twenty percent (120%) of money the amount estimated by Lender, in its reasonable discretion, necessary to complete the Required Engineering Work less any sums then available on deposit in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower Grantor completes an item of Required Engineering Work, Borrower Grantor may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower Grantor from the Engineering Escrow Account; provided, however, that Borrower Grantor shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is soughtsought or for any Required Engineering Work with respect to which sums are held under the CAP Escrow Agreement. (b) From and after the date all of the Required Engineering Work is completed, Borrower Grantor may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Account to BorrowerGrantor. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Datedate set forth on Exhibit D attached hereto and made a part hereof. After Borrower completes an item of Required Engineering WorkWork or any portion thereof, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been made or completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty fifteen (2015) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought, and each such request for reimbursement shall be in a minimum amount of$15,000, and provided, further, however, so long as no Event of Default exists, Lender shall, within three (3) Business Days of written request by Borrower, release to Borrower the first disbursement in the amount of $40,000 required pursuant to the work letter agreement more particularly described on Exhibit D attached hereto. (b) From and after the date all of the Required Engineering Work or any portion thereof is completed, Borrower may submit a written request, which request shall be delivered together with (i) final lien waivers and (ii) a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been made or completed substantially in compliance with all Legal Requirements, Requirements and Lender shall, within twenty fifteen (2015) days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.

Performance of Engineering Work. (a) Borrower Grantor shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Sub-Account) the engineering work set forth on Exhibit D attached hereto and made a part hereof (the "Required Engineering Work prior to Work") as follows: (i) work designated as either "approved work" or "urgent work" on Exhibit D attached hereto and made a part hereof shall be completed by no later than the six (6) month anniversary of the Closing Datedate hereof, and (ii) work designated as "deferred work" shall be completed by no later than the one (1) year anniversary of the date hereof. After Borrower Grantor completes an item of Required Engineering WorkWork set forth on Exhibit D hereto, Borrower Grantor may submit to Lender Beneficiary an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to LenderBeneficiary, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender Beneficiary shall, within twenty (20) days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower Grantor from the Engineering Escrow Sub-Account; provided, however, that Borrower Grantor shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower Grantor may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to LenderBeneficiary, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender Beneficiary shall, within twenty (20) days thereafter, disburse any balance of the Engineering Escrow Sub-Account to Borrower. Should an Event of Default occur, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized Properties, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein providedGrantor.

Performance of Engineering Work. (a) Borrower shall promptly commence and diligently thereafter pursue to completion (without regard to the amount of money then available in the Engineering Escrow Account) the Required Engineering Work prior to the six (6) month anniversary of the Closing Date. After Borrower Xxxxxxxx completes an item of Required Engineering Work, Borrower may submit to Lender an invoice therefor with lien waivers and a statement from the Engineer, reasonably acceptable to Lender, indicating that the portion of the Required Engineering Work in question has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty ten (2010) days Business Days thereafter, although in no event more frequently than once each month, reimburse such amount to Borrower from the Engineering Escrow Account; provided, however, that Borrower Xxxxxxxx shall not be reimbursed more than the amount set forth on Exhibit D hereto as the amount allocated to the portion of the Required Engineering Work for which reimbursement is sought. (b) From and after the date all of the Required Engineering Work is completed, Borrower may submit a written request, which request shall be delivered together with final lien waivers and a statement from the Engineer, as the case may be, reasonably acceptable to Lender, indicating that all of the Required Engineering Work has been completed substantially in compliance with all Legal Requirements, and Lender shall, within twenty ten (2010) days Business Days thereafter, disburse any balance of the Engineering Escrow Account to Borrower. Should an Event of Default occuroccur and be continuing, the sums on deposit in the Engineering Escrow Account may be applied by Lender in payment of any Required Engineering Work or may be applied to the payment of the Debt or any other charges affecting all or any portion of the Cross-collateralized PropertiesProperty, as Lender in its sole discretion may determine; provided, however, that no such application shall be deemed to have been made by operation of law or otherwise until actually made by Lender as herein provided.