Common use of Review by Independent Construction Consultant Clause in Contracts

Review by Independent Construction Consultant. The Independent Construction Consultant shall exercise commercially reasonable efforts and utilize commercially prudent practices in the performance of its duties hereunder consistent with those of similar institutions disbursing disbursement control funds and reviewing construction progress. Commencing upon execution and delivery hereof, the Independent Construction Consultant shall have the right to meet periodically at reasonable times during customary business hours and at reasonable intervals, however no less frequently than monthly, with representatives of the Issuer, the General Contractor, the Architect and such other employees, consultants or agents as the Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Site and the Facility as it deems reasonably necessary or appropriate in the performance of its duties hereunder, however no less frequently than monthly. In addition, the Independent Construction Consultant shall have the right at reasonable times during customary business hours upon prior notice to review, to the extent it deems reasonably necessary or appropriate to permit it to perform its duties hereunder, all information (including Construction Contracts) supporting the amendments to the Project Budget, amendments to any Construction Contracts, any Construction Disbursement Request and any certificates in support of any of the foregoing, to inspect materials stored on the Site and the Facility, at off-site facilities where materials designated for use in the Facility are stored, to review the insurance required pursuant to the terms of the Indenture, and to examine the Plans and all shop drawings relating to the Facility. The Independent Construction Consultant is authorized to contact any payee for purposes of confirming receipt of progress payments. The Independent Construction Consultant shall be entitled to examine, copy and make extracts of the books, records, accounting data and other documents of the Issuer relating to the construction of the Facility, including, without limitation, bills of sale, statements, receipts, lien releases and affidavits, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the Facility. From time to time, at the request of the Independent Construction Consultant, the Issuer shall make available to the Independent Construction Consultant a Project Cost Schedule and/or the Construction Schedule for the Facility. The Issuer agrees to reasonably cooperate, shall cause the General Contractor and each other Contractor to reasonably cooperate, with the Independent Construction Consultant in assisting the Independent Construction Consultant to perform its duties hereunder and to take such further steps as the Independent Construction Consultant reasonably may request in order to facilitate the Independent Construction Consultant's performance of its obligations hereunder. The Independent Construction Consultant will confirm the Issuer's certifications and representations to the extent set forth in the certificates to be submitted by the Independent Construction Consultant hereunder from time to time, and shall timely execute and deliver all certificates provided for under this Agreement, in the form required by the exhibits attached hereto, unless the Independent Construction Consultant has a good faith basis, in its professional judgment, for withholding its confirmation.

Review by Independent Construction Consultant. The Independent Construction Consultant shall exercise commercially reasonable efforts its best professional judgment and utilize commercially prudent standard industry practices in the performance of its duties hereunder consistent with those of similar institutions disbursing disbursement control funds and reviewing construction progress; PROVIDED, that in exercising such professional judgment the Independent Construction Consultant may rely on any material or information it, in its professional opinion, deems reasonable. Commencing upon execution and delivery hereof, the Independent Construction Consultant shall have the right to meet periodically at reasonable times during customary business hours and at reasonable intervals, however no less frequently than monthly, with representatives of the Issuer, the General Contractor, the Architect Design Build Contractor and such other employees, consultants or agents of the foregoing as the Independent Inde- pendent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Site Reservation and the Facility Resort as it deems reasonably necessary or appropriate in the performance of its duties hereunder, however no less frequently than monthly. In addition, the Independent Construction Consultant shall have the right at reasonable times during customary business hours upon prior notice to review, to the extent it deems reasonably necessary or appropriate to permit it to perform its duties hereunder, all information (including Construction Contracts) supporting the any amendments to the Project Budget, amendments to Budget or any Construction Contracts, any Construction Disbursement Request and any certificates in support of any of the foregoing, to inspect materials stored on the Site Reservation and the FacilityResort, at off-off site facilities where materials designated for use in the Facility Resort are stored, to review the insurance required pursuant to the terms of the Indenture, and to examine the Plans and all shop drawings relating to the FacilityResort. The Independent Construction Consultant is authorized to contact any payee for purposes of confirming receipt of progress payments. The Independent Construction Consultant shall be entitled to examine, copy and make extracts of the books, records, accounting data and other documents of the Issuer and the Design Build Contractor relating to the construction of the FacilityResort, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases and affidavitsreleases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the FacilityResort. From time to time, at the request of the Independent Construction Consultant, but no less often than monthly, the Issuer shall make available to the Independent Construction Consultant a Project Cost Schedule and/or and the Construction Schedule for the FacilityResort and such other documents, instruments, plans, specifications, shop drawings or other information relating to the Resort as the Independent Construction Consultant shall require. The Issuer agrees to reasonably cooperate, shall cause the General Contractor and each other Contractor to reasonably cooperate, cooperate with the Independent Construction Consultant in assisting the Independent Construction Consultant to perform its duties hereunder and to take such further steps as the Independent Construction Consultant reasonably may request in order to facilitate the Independent Construction Consultant's performance of its obligations hereunder. The Independent Construction Consultant will confirm the Issuer's certifications and representations to the extent set forth in the certificates to be submitted by the Independent Construction Consultant hereunder from time to time, and shall timely execute and deliver all certificates provided for under this Agreement, in the form required by the exhibits attached hereto, unless the Independent Construction Consultant has a good faith basis, in its professional judgment, for withholding its confirmation.

Review by Independent Construction Consultant. The Independent Construction Consultant shall exercise commercially reasonable efforts and utilize commercially prudent practices in the performance of its duties hereunder consistent with those of similar institutions disbursing disbursement control funds and reviewing construction progress. Commencing upon execution and delivery hereof, the Independent Construction Consultant shall have the right to meet periodically at reasonable times during customary business hours and at reasonable intervals, however no less frequently than monthly, with representatives of the IssuerAuthority, the General ContractorConstruction Manager, the Architect and such other employees, consultants or agents as the Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Site Rancheria and the Facility as it deems reasonably necessary or appropriate in the performance of its duties hereunder, however no less frequently than monthly. In addition, the Independent Construction Consultant shall have the right at reasonable times during customary business hours upon prior notice to review, to the extent it deems reasonably necessary or appropriate to permit it to perform its duties hereunder, all information (including Construction Contracts) supporting the amendments to the Project Authority Budget, amendments to any Construction Contracts, any Construction Disbursement Request and any certificates in support of any of the foregoing, to inspect materials stored on the Site Rancheria and the Facility, at off-site facilities where materials designated for use in the Facility are stored, to review the insurance required pursuant to the terms of the Indenture, and to examine the Plans and all shop drawings relating to the Facility. The Independent Construction Consultant is authorized to contact any payee for purposes of confirming receipt of progress payments. The Independent Construction Consultant shall be entitled to examine, copy and make extracts of the books, records, accounting data and other documents of the Issuer Manager and the Authority relating to the construction of the Facility, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases and affidavitsreleases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the Facility. From time to time, at the request of the Independent Construction Consultant, the Issuer Manager and the Authority shall make available to the Independent Construction Consultant a Project Cost Schedule and/or the Construction Schedule for the Facility. The Issuer agrees Manager and the Authority agree to reasonably cooperate, shall cause the General Contractor and each other Contractor to reasonably cooperate, cooperate with the Independent Construction Consultant in assisting the Independent Construction Consultant to perform its duties hereunder and to take such further steps as the Independent Construction Consultant reasonably may request in order to facilitate the Independent Construction Consultant's performance of its obligations hereunder. The Independent Construction Consultant will confirm the Issuer's certifications and representations to the extent set forth in the certificates to be submitted by the Independent Construction Consultant hereunder from time to time, and shall timely execute and deliver all certificates provided for under this Agreement, in the form required by the exhibits attached hereto, unless the Independent Construction Consultant has a good faith basis, in its professional judgment, for withholding its confirmation.

Review by Independent Construction Consultant. The Independent Construction Consultant shall exercise commercially reasonable efforts and utilize commercially prudent practices in the performance of its duties hereunder consistent with those of similar institutions disbursing disbursement control funds and reviewing construction progress. Commencing upon execution and delivery hereof, the Independent Construction Consultant shall have the right to meet periodically at reasonable times during customary business hours and at reasonable intervals, however no less frequently than monthly, with representatives of the Issuer, the General ContractorAuthority, the Architect and such other employees, consultants or agents as the Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Site Rancheria, the Facility and the Facility Project as it deems reasonably necessary or appropriate in the performance of its duties hereunder, however no less frequently than monthly. In addition, the Independent Construction Consultant shall have the right at reasonable times during customary business hours upon prior notice to review, to the extent it deems reasonably necessary or appropriate to permit it to perform its duties hereunder, all information (including Construction Contracts) supporting the amendments to the Project Authority Budget, amendments to any Construction Contracts, any Construction Disbursement Request and any certificates in support of any of the foregoing, to inspect materials stored on the Site Rancheria, the Facility and the FacilityProject, at off-site facilities where materials designated for use in the Facility Project are stored, to review the insurance required pursuant to the terms of the Indenture, and to examine the Plans and all shop drawings relating to the FacilityProject. The Independent Construction Consultant is authorized to contact any payee for purposes of confirming receipt of progress payments. The Independent Construction Consultant shall be entitled to examine, copy and make extracts of the books, records, accounting data and other documents of the Issuer Authority relating to the construction of the FacilityProject, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases and affidavitsreleases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the FacilityProject. From time to time, at the request of the Independent Construction Consultant, the Issuer Authority shall make available to the Independent Construction Consultant a Project Cost Schedule and/or the Construction Schedule for the FacilityProject. The Issuer Authority agrees to reasonably cooperate, shall cause the General Contractor and each other Contractor to reasonably cooperate, cooperate with the Independent Construction Consultant in assisting the Independent Construction Consultant to perform its duties hereunder and to take such further steps as the Independent Construction Consultant reasonably may request in order to facilitate the Independent Construction Consultant's performance of its obligations hereunder. The Independent Construction Consultant will confirm the Issuer's certifications and representations Notwithstanding anything contained herein to the extent set forth in the certificates to be submitted by contrary, the Independent Construction Consultant hereunder from time shall have no obligations or responsibilities with respect to time, and shall timely execute and deliver all certificates provided for under this Agreement, in the form required by development of the exhibits attached hereto, unless access road on the Independent Construction Consultant has a good faith basis, in its professional judgment, for withholding its confirmationDugan Property.