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 Sub-Account) the Required Engineering Work 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 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 (3) months. 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 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 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.

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 within 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 timetable set forth on EXHIBIT D hereof or such longer period date hereof, and (ii) work designated as "deferred work" shall be completed by no later than the one year anniversary of time, if any, to which Lender has agreed in writing, which period may, provided that Borrower is attempting to complete the 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 (3) monthsdate 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 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 LenderMortgagee, indicating that the portion of the Required Engineering Work in question has been completed in a workmanlike manner and 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 Xxxxxxxx Mxxxxxxxx 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.

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 within the timetable set forth as follows: (i) work designated as either "approved work" or "urgent work" on EXHIBIT D attached hereto and made a part hereof or such longer period shall be completed by no later than the six month anniversary of timethe date hereof, if any, to which Lender has agreed in writing, which period may, provided that Borrower is attempting to complete and (ii) work designated as "deferred work" shall be completed by no later than the Required Engineering Work with all due diligence, be extended in one year anniversary of 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 (3) monthsdate 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 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 LenderBeneficiary, indicating that the portion of the Required Engineering Work in question has been completed in a workmanlike manner and 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 Xxxxxxxx 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.

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 within the timetable engineering work set forth on EXHIBIT Exhibit D attached hereto and made a part 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 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") 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 date hereof, such extension period not to exceed an additional three and (3ii) monthswork 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 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 LenderBeneficiary, indicating that the portion of the Required Engineering Work in question has been completed in a workmanlike manner and 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 Xxxxxxxx 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.