PLANS; CONSTRUCTION. The Plans are satisfactory to the Company and have been approved, to the extent required by applicable law, ordinance or regulation or any effective restrictive covenant, by all Government Authorities and the beneficiaries of any such covenant, respectively. All Construction, if any, heretofore performed in connection with the Improvements has been performed within the perimeter of the Property or within the area of an easement benefitting the Property and with respect to which such Construction is permitted, and in accordance with the Plans and all Legal Requirements, and such Construction has been fully paid for or else payment is not yet due or payment is being disputed in good faith, provided that any such disputes are described in Exhibit 8,17 and such failure to pay would not adversely affect the Company's ownership rights in the Project. When constructed, the Improvements will be free of structural defects. The Company has no knowledge of any violation of any Legal Requirements with respect to the Improvements, and the anticipated use thereof complies with all restrictive covenants. affecting the Project and, to the Company's knowledge, all Legal Requirements.
PLANS; CONSTRUCTION. 1. The Plans are hereby made a part of this Contract by reference. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. The Railroad's review and approval of the Plans in no way relieves the State or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the UPRR makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the State on the Plans is at the risk of the State. Project special provisions affecting the interests of the UPRR are also subject to approval by the UPRR. All work under this Contract shall be performed strictly in compliance with the Plans, special provisions and any guidelines or standards furnished by the UPRR to the State for this Project. The State confirms that no work of demolition or new construction is to commence until the UPRR's Assistant Vice President Engineering - Design or his authorized representatives have given final approval of the Plans.
2. The State also confirms that when the State advertises for bids from Contractors for this Project, it will include, among other things, Exhibit C, K and L in its bid package and will require all Contractors awarded bids to work on this Project to comply with the Plans, provisions contained in Exhibit C, K and L and other guidelines or standards furnished by the UPRR to the State for this Project.
PLANS; CONSTRUCTION. 1. The Plans are hereby made a part of this Contract by reference. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. The Railroad’s review and approval of the Plans in no way relieves the State or the State’s Design Build Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the State or the State’s Design Build Contractor on the Plans is at the risk of the State and the State’s Design Build Contractor. Project special provisions affecting the interests of the Railroad are also subject to approval by the Railroad. All work under this Contract shall be performed strictly in compliance with the Plans, special provisions and any guidelines or standards furnished by the Railroad to the State and the State’s Design Build Contractor for this Project. The State and the State’s Design Build Contractor confirms that no work of demolition or new construction is to commence until the Railroad's Assistant Vice President Engineering - Design or his authorized representatives have given final approval of the Plans.
2. The State also confirms that when the State advertised for bids from Contractors for this Project, it did include, among other things, Exhibit C, C-1 and Exhibit G in its bid package and will require all Contractors awarded bids to work on this Project to comply with the Plans, provisions contained in Exhibit C, C-1 and Exhibit G and other guidelines or standards furnished by the Railroad to the State for this Project.
PLANS; CONSTRUCTION. Prior to the commencement of the installation of the Facilities at the Premises, GRANTEE shall deliver to GRANTOR plans and specifications for the Facilities (the “Engineering Work Order”). GRANTEE shall not commence installation of the Facilities or other work at the Premises until GRANTOR has approved the Plans, which approval will not be unreasonably withheld, conditioned, or delayed. Upon approval of the Plans, such Plans shall be initialed by GRANTOR and attached to this Agreement as Exhibit A, and construction and installation of the Facilities shall be performed in accordance with the Plans. GRANTEE shall, at its sole cost and expense, (a) perform the construction work as outlined on Exhibit A; (b) perform all such construction in a safe and workmanlike manner; (c) perform all such construction and work in such a way as to minimize interference with the operation of the Premises; (d) maintain worker's compensation insurance in form and amount as is required by law during all such periods of construction and work; and (e) obtain, prior to the commencement of any construction and work, all necessary federal, state and municipal permits, licenses and approvals.
PLANS; CONSTRUCTION. The Plans and Required Improvements have been approved, or, if not approved as of the date hereof, will be approved when necessary, to the extent required by applicable Legal Requirements by all Governmental Authorities. To the extent consent is required by any Permitted Encumbrance, any Lease, the Property Management Agreement or the Franchise Agreement, the Plans and Required Improvements have been approved, or, if not approved as of the date hereof, will be approved when necessary, by the parties to the foregoing agreements.
PLANS; CONSTRUCTION. The Plans are, as of the Closing Date, satisfactory to the Borrowers and the Partnership and have been approved, to the extent required by applicable law, ordinance or regulation or any effective restrictive covenant, by all Government Authorities and the beneficiaries of any such covenant, respectively. All Construction, if any, heretofore performed in connection with the Improvements has been performed within the perimeter of the Premises or within the area of an easement benefitting the Premises and with respect to which such Construction is permitted, and in accordance with the Plans and all Legal Requirements, and such Construction has been fully paid for, or payment is not yet due, or payment is being disputed in good faith; provided, however, that any such disputes have been fully disclosed to GDB and such failure to pay would not have a Material Adverse Effect in the Partnership's ownership rights in the Project. There are no structural defects in the Improvements (to the extent currently constructed), no violation of any Legal Requirement exists with respect thereto, and the anticipated use thereof complies with all restrictive covenants affecting the Project and all Legal Requirements, including all applicable zoning and environmental protection ordinances and regulations.
PLANS; CONSTRUCTION
