Common use of REVIEW BY INDEPENDENT CONSTRUCTION CONSULTANT Clause in Contracts

REVIEW BY INDEPENDENT CONSTRUCTION CONSULTANT. The Independent Construction Consultant shall exercise its best professional judgment and utilize 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 Design Build Contractor and such other employees, consultants or agents of the foregoing as the Inde- pendent Construction Consultant shall reasonably request to be present for meetings. The Independent Construction Consultant may perform such inspections of the Reservation and the Resort as it deems reasonably necessary 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 any amendments to the Project Budget or any Construction Contracts, any Disbursement Request and any certificates in support of any of the foregoing, to inspect materials stored on the Reservation and the Resort, at off site facilities where materials designated for use in the 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 Resort. 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 Resort, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the Resort. 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 the Construction Schedule for the Resort 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 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.

REVIEW BY INDEPENDENT CONSTRUCTION CONSULTANT. The Independent Construction Consultant shall exercise its best professional judgment commercially reasonable efforts and utilize standard industry commercially prudent 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 Design Build Contractor General Contractor, the Architect and such other employees, consultants or agents of the foregoing as the Inde- pendent Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Reservation Site and the Resort 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 any the amendments to the Project Budget or 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 Reservation Site and the ResortFacility, at off off-site facilities where materials designated for use in the Resort 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 ResortFacility. 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 ResortFacility, including, without limitation, bills of sale, statements, receipts, conditional lien releases and unconditional lien releasesaffidavits, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the ResortFacility. 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 and/or the Construction Schedule for the Resort and such other documents, instruments, plans, specifications, shop drawings or other information relating to the Resort as the Independent Construction Consultant shall requireFacility. The Issuer agrees to reasonably cooperate 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 its best professional judgment commercially reasonable efforts and utilize standard industry commercially prudent 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 IssuerAuthority, the Design Build Contractor Architect and such other employees, consultants or agents of the foregoing as the Inde- pendent Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Reservation Rancheria, the Facility and the Resort 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 any the amendments to the Project Budget or 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 Reservation Rancheria, the Facility and the ResortProject, at off off-site facilities where materials designated for use in the Resort 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 ResortProject. 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 Authority relating to the construction of the ResortProject, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the ResortProject. From time to time, at the request of the Independent Construction Consultant, but no less often than monthly, the Issuer Authority shall make available to the Independent Construction Consultant a Project Cost Schedule and and/or the Construction Schedule for the Resort and such other documents, instruments, plans, specifications, shop drawings or other information relating to the Resort as the Independent Construction Consultant shall requireProject. The Issuer Authority agrees 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. Notwithstanding anything contained herein to the contrary, the Independent Construction Consultant shall have no obligations or responsibilities with respect to the development of the access road on the Dugan Property.

REVIEW BY INDEPENDENT CONSTRUCTION CONSULTANT. The Independent Construction Consultant shall exercise its best professional judgment commercially reasonable efforts and utilize standard industry commercially prudent 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 IssuerAuthority, the Design Build Contractor Construction Manager, the Architect and such other employees, consultants or agents of the foregoing as the Inde- pendent Independent Construction Consultant shall reasonably request to be present for such meetings. The Independent Construction Consultant may perform such inspections of the Reservation Rancheria and the Resort 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 any the amendments to the Project Budget or 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 Reservation Rancheria and the ResortFacility, at off off-site facilities where materials designated for use in the Resort 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 ResortFacility. 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 Design Build Contractor Authority relating to the construction of the ResortFacility, including, without limitation, bills of sale, statements, receipts, conditional and unconditional lien releases, contracts or agreements, which relate to any materials, fixtures or articles incorporated into the ResortFacility. From time to time, at the request of the Independent Construction Consultant, but no less often than monthly, the Issuer Manager and the Authority shall make available to the Independent Construction Consultant a Project Cost Schedule and and/or the Construction Schedule for the Resort and such other documents, instruments, plans, specifications, shop drawings or other information relating to the Resort as the Independent Construction Consultant shall requireFacility. The Issuer agrees Manager and the Authority agree 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.