Common use of Plans and Changes Clause in Contracts

Plans and Changes. No construction shall be undertaken on the Land except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s prior written consent, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the Improvements by the Completion Date will not be affected. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements Laws and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s prior written consent, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to the General Contractor or any other contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent Changes, if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractorGeneral Contractor, subcontractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the New Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the New Improvements by the Completion Date will not be affected; and (h) reallocations from the Contingency Line Item of the Budget required to pay for such Permitted Changes shall not exceed the Approved Contingency Limit. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications. In addition, and Administrative Agent may also require evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on with respect to the Land Project except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the any Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authoritiesGovernmental Authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s prior written consent, Borrower shall not change or modify the any Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the subject Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person Person or violation of any Law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the subject Improvements by the applicable Completion Date will not be affected; and (h) Borrower provides Administrative Agent with evidence that (1) the change or extra has been approved by the permanent lender, if any, or the Ground Lessor or CVS, or (2) such approval by permanent lender, if any, or the Ground Lessor or CVS, is not required. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements Laws and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s 's prior written consent, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to the General Contractor or any other contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent Changes, if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractorGeneral Contractor, subcontractor, Borrower’s 's architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the New Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the New Improvements by the Completion Date will not be affected; and (h) reallocations from the Contingency Line Item of the Budget required to pay for such Permitted Changes shall not exceed the Approved Contingency Limit. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications. In addition, and Administrative Agent may also require evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land except as shown in a manner that is consistent with the PlansPlans in all material respects. Mortgage Loan Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, thereto shall be included as part of the Plans until approved by Administrative Agent, Construction ConsultantInspector, all applicable governmental authorities, Governmental Authorities and all other necessary parties required under by the Loan terms of the Credit Documents. Without Administrative Agent’s prior written consent, which consent will not be unreasonably withheld, Mortgage Loan Borrower shall not change or modify the Plans, agree to any change order, or allow or approve any extras to extra work by any contractor or any subcontractor, except that Mortgage Loan Borrower may make Permitted Changes without such consent if: (a) Mortgage Loan Borrower notifies Administrative Agent in writing of the change or extra work with appropriate supporting documentation and information; (b) to the extent necessary, Mortgage Loan Borrower obtains the approval of the applicable contractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extraextra work; (d) no substantial change in architectural appearance is effected by such change or extraextra work in any material respect; (e) no default in any obligation to any person Person or violation of any Law or governmental requirement would result from such change or extraextra work; (f) Mortgage Loan Borrower complies with Section 1.5 of this Agreement Addendum to cover any excess cost resulting from the change or extraextra work; and (g) completion Completion of Construction of the Improvements by the Completion Date will not be affected; provided, however, in any event, any change to the Budget will require Administrative Agent approval. Administrative Agent shall not be obligated to review a proposed change or request for extra work unless it has received all documents reasonably necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land ----------------- except as shown in the Plans. The Borrower assumes full responsibility for the compliance of the Plans and the Property with all Lawslaws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agentthe Bank, the Construction Consultant, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s the Banks prior written consent, the Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that the Borrower may make Permitted Changes without such consent if: (a) the Borrower notifies Administrative Agent the Bank in writing of the change or extra with appropriate supporting documentation and information; (b) the Borrower obtains the approval of the applicable contractor, the Borrower’s 's architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law law or governmental requirement would result from such change or extra; (f) the Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the Improvements by the Completion Date will not be affected; and (h) all requirements of Chapter 713, Florida Statutes, have been fully satisfied. Administrative Agent The Bank shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals (other than that the approval of Administrative Agent the Bank) have been obtained. The Bank shall notify the Borrower of its approval or disapproval of any such change not later that ten Business Days after the Bank has received all such materials.

Plans and Changes. No construction shall be undertaken on the Land except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Lawslaws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative AgentLender, its Construction Consultant, if any, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative AgentLender’s prior written consent, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent Lender in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (dc) no substantial change in architectural appearance function of the Plant is effected by such change or extra; (ed) no default in any obligation to any person or violation of any Law law or governmental requirement would result from such change or extra; (fe) Borrower complies with Section 1.5 of this Agreement to cover covers any excess cost resulting from the change or extra, unless Lender agrees in writing to advance money from the Loan for the change; and (gf) completion of the Improvements by the Completion Date will not be affected. Administrative Agent Lender shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent Lender have been obtained.

Plans and Changes. No construction shall be undertaken on with respect to the Land Project except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Laws, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the any Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authoritiesGovernmental Authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s prior written consent, Borrower shall not change or modify the any Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the subject Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person Person or violation of any Law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the subject Improvements by the applicable Completion Date will not be affected; and (h) Borrower provides Administrative Agent with evidence that (1) the change or extra has been approved by the permanent lender, if any, or the VBDA if the change or extra affects the Parking Unit, or (2) such approval by permanent lender, if any, or the VBDA if the change or extra affects the Parking Unit, is not required. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land except substantially as shown in the Plans. Borrower assumes and Guarantor assume full responsibility for the compliance of the Plans and the Property with all Lawslaws, governmental requirements and sound building and engineering practices. No Except for Permitted Changes, no plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, Lender and all applicable governmental authoritiesauthorities (it being agreed that Lender’s approval shall not be unreasonably withheld, and all other parties required under the Loan Documentsconditioned or delayed). Without Administrative AgentExcept for Permitted Changes, neither Borrower nor Guarantor shall, without Lender’s prior written consent, Borrower consent (which shall not be unreasonably withheld, conditioned or delayed), change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that either Borrower or Guarantor may make any changes which do not otherwise constitute Permitted Changes without such consent if: (a) Borrower or Guarantor notifies Administrative Agent Lender in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower or Guarantor obtains the approval of the applicable contractor, Borrower’s the architect and all sureties, if required; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (ge) completion of the Improvements by the Completion Date will not likely be affected. Administrative Agent Lender shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent Lender have been obtained.

Plans and Changes. No construction shall be undertaken on the Land except as shown in the Plans. Borrower assumes full responsibility for the compliance of the Plans and the Property with all Lawslaws, governmental requirements and sound building and engineering practices. No Except as otherwise provided herein, no plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s 's prior written consent, which shall not be unreasonably withheld or delayed, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s 's architect and all sureties, if required; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law law or governmental requirement would result from such change or extra; (f) if applicable, Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting from the change or extra; and (g) completion of the Improvements by the Completion Date will not be affected; and (h) [Reserved]. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.

Plans and Changes. No construction shall be undertaken on the Land ----------------- except as shown in the Plans. Borrower assumes full responsibility for ensuring that the Plans contain all necessary detail and are adequate for construction of the Improvements, and for the compliance of the Plans and the Property with all Lawslaws, restrictive covenants, governmental requirements and sound building and engineering practices. No plans or specifications, or any changes thereto, shall be included as part of the Plans until approved by Administrative Agent, Construction Consultant, Nissan, the Foundations, the Association, Developer, as defined in the Development Agreement and to the extent required thereby, all applicable governmental authorities, and all other parties required under the Loan Documents. Without Administrative Agent’s 's prior written consent, Borrower shall not change or modify the Plans, agree to any change order, or allow any extras to any contractor or any subcontractor, except that Borrower may make Permitted Changes without such consent if: (a) Borrower notifies Administrative Agent in writing of the change or extra with appropriate supporting documentation and information; (b) Borrower obtains the approval of the applicable contractor, Borrower’s 's architect and all sureties; (c) the structural integrity, quality and standard of workmanship of the Improvements is not impaired by such change or extra; (d) no substantial change in architectural appearance is effected by such change or extra; (e) no default in any obligation to any person or violation of any Law law or governmental requirement would result from such change or extra; (f) Borrower complies with Section 1.5 of this Agreement to cover any excess cost resulting ----------- from the change or extra; and (g) completion of the Improvements by the Completion Date will not be affected. Administrative Agent shall not be obligated to review a proposed change unless it has received all documents necessary to review such change, including the change order, cost estimates, plans and specifications, and evidence that all required approvals other than that of Administrative Agent have been obtained.