Post Construction. 3.3.1 Provide services as necessary to correct major defects or deficiencies in the Work of CM/Contractor when such defects or deficiencies require services in excess of those reasonably expected on a project of this type, size and complexity, excluding warranty items, provided that such defects or deficiencies are not caused in whole or in part by errors or omissions on the part of the Design Professional.
3.3.2 Provide extensive assistance in the utilization of any equipment or system; prepare operation and maintenance manuals; train personnel for operation and maintenance; and consult during operation.
3.3.3 Provide services after the issuance of the final Certificate For Payment provided that these services do not relate to the guarantee or warranty services described in paragraph 2.11 or to corrections of design errors or omissions.
3.3.4 Provide services regarding replacement of any Work damaged by fire or other cause (excluding any cause resulting from the negligent acts, errors, or omissions by Design Professional).
Post Construction. After the project is completed the LPA agrees to:
1. The LPA will control the length and location of curb openings for future entrances and will not permit the length of curb openings for entrances to exceed the length shown on the plans or as shown on a sketch of typical entrances for similar entrances; and will prohibit the construction or use of any entrances along the project within the LPA other than those shown on the plans, without prior approval of NDDOT.
2. The LPA will not change any speed limit signs as shown on the plans without prior approval of NDDOT.
3. The LPA will prohibit double and diagonal parking and will control all parallel parking where allowed within the limits of the project in a manner satisfactory to NDDOT and to the Federal Highway Administration (FHWA), or both.
4. All signs, signals, markings, and other protective structures erected on or in connection with the project, including those installed at the sole cost and expense of the LPA or by others, shall be approved by NDDOT. All traffic control devices will be in conformance with the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways.
5. All right of way for the project will be maintained free of all encroachments except utilities and others in accordance with the current edition of NDDOT’s “A Policy for Accommodation of Utilities on State Highway Right-of-Way”. All obstructions to, interference with, or hazards to traffic flow will be removed by the LPA at the request of NDDOT. The LPA will be responsible for any consideration, avoidance, and minimization of impacts upon real property related to this project, such as changes in the grades of the streets, inconveniences to property or business, and any loss of light, air, view, access, egress, drainage, support, or nuisance.
Post Construction. 3.3.1 Provide services as necessary to correct major defects or deficiencies in the Work of CM/Contractor when such defects or deficiencies require services in excess of those reasonably expected on a project of this type, size and complexity, excluding warranty items, provided that such defects or deficiencies are not caused in whole or in part by errors or omissions on the part of the Design Professional.
Post Construction. During the period commencing from Completion, Aladdin Gaming shall at its sole cost and expense obtain and maintain the following insurance:
Post Construction. Architect shall, accompanied by a representative of Owner, make at least three (3) complete inspections of the Work after the final completion thereof. One such inspection shall be made approximately three (3) months after the final completion of the Work, the second at twelve (12) months and the third at twenty-three (23) months after final completion of the Work. Architect shall be responsible to coordinate such inspections. At each such inspection, Architect shall thoroughly examine the Work to confirm that all portions thereof are in accordance with the Construction Documents. Architect shall promptly deliver written reports of these inspections to Owner. Such reports shall describe in detail any deviations of the Work from the Construction Documents and any evidence of defects or potential defects in the Work observed by Architect. Architect shall inspect any remedial work performed by the Contractor and confirm in writing to Owner that such remedial work has been completed.
Post Construction. All Risk Property Insurance at replacement value of the property to protect against loss of, damage to, or destruction of the building/facility. The City is to be named as an additional insured and loss payee/mortgagee if applicable.
Post Construction. 7.1 The Proponent covenants and agrees:
(a) to the registration on title to the Project Lands of a restriction providing for the use of the Project as Affordable Housing during the Term of this Agreement, notwithstanding any prepayment of the Regional Funding, and to prohibit the use of the Project other than for purposes of Affordable Housing; [NTD: TO BE DETERMINED BASED ON PROPOSED PROJECT.]
(b) that should the Proponent register the Project Lands or the Project as a condominium, the entire residential portion of the Building must be or continue to be operated as rental housing for the duration of the Agreement, and the restriction set out in Section 7.1(a) shall be registered against each Affordable Housing Unit;
(c) to adhere to the Affordability Period requirements of the Region (including, without limitation, one hundred and thirty-five percent (135%) or lower condition for Monthly Occupancy Costs for the overall Project) and to ensure the Project remains affordable during the Affordability Period; [NTD: TO BE REVISED TO INCLUDE ANY ADDITIONAL AFFORDABILITY PERIODS AND MAXIMUM PERCENTAGE OF MEDIAN MARKET RENT AGREED TO BY THE PARTIES PRIOR TO EXECUTION.]
(d) to provide the Region with a Proponent’s First Occupancy Report, in the form of the report attached as Schedule “E”; or in a form designated by the Region, not later than sixty (60) calendar days prior to the Occupancy Date;
(e) upon the Region’s request, to provide annually the names and terms of the officers and directors, of the Proponent; and
(f) to be solely responsible, at its own cost and expense, to maintain and operate the Project in a good state of repair and fit for habitation to the standard of a prudent owner of similar premises.
Post Construction. From the earlier of (i) issuance of a temporary certificate of occupancy for the Project (ii) Substantial Completion of the Project; or (iii) the five hundred and fortieth (540th) day following the Execution Date and for the remaining Term (and Extension Terms), Tenant will pay Three Dollars and Ninety Six Cents ($3.96) per square foot of the Property per year, plus leasehold excise tax at 12.84%, subject to adjustment as set forth in this Section 4.2, which Base Rent shall be payable monthly in equal installments of one-twelfth (1/12) of such amount, as follows: 862,488 sf x $3.96 / 12 = $284,621.04* * plus leasehold excise tax at 12.84% or any rate subsequently imposed by the State of Washington
Post Construction. After the earlier of: (i) substantial completion of the Project, or (ii) cancellation or expiration of the Builder's Risk Policy, Borrower shall provide the following coverages:
(a) All Risk" insurance including Flood and Earthquake, and such other insurable hazards as, under good insurance practices are insured against for other property and buildings similar to the premises in nature, use, location, height, and type of construction. The amount of such insurance shall be not less than one hundred percent (100%) of the replacement cost without depreciation of the Project. Such insurance policy shall contain an agreed amount endorsement. Flood and Earthquake sublimits shall be what is commercially available at reasonable costs in the market but in no event be less than $100,000,000 each per occurrence and in the annual aggregate. Such insurance shall cover increased cost of law or ordinance insurance, costs of demolition and increased cost of construction with a sublimit of not less than $10,000,000, debris removal with a sublimit of not less than $15,000,000. Deductibles shall not exceed $250,000 for physical damage. Cover shall also include extra expense cover with sublimits not less than $5,000,000. Lender shall be named as sole Loss Payee and Mortgagee for the Project, for all claim proceeds, including business interruption insurance loss proceeds, in excess of $250,000.
Post Construction. When used to denote a period of time, post-construction means the 5-year period of time for a particular BMP that begins at the end of construction but ends at the start of Long-term Operation and Maintenance.
