Common use of Right to Retain the Construction Inspector Clause in Contracts

Right to Retain the Construction Inspector. The Banks acting through the Agent shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform the following services on behalf of the Banks: (a) to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (c) to review and advise the Agent and the Banks whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (d) to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this Agreement, and to advise the Agent and the Banks of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) to review and advise the Agent and the Banks on any proposed change orders or construction change directives; and (f) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and expenses incurred by the Banks or the Agent on account thereof shall be reimbursed to the Banks or the Agent as the case may be forthwith upon request therefor, but neither the Banks, the Agent nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the Banks, the Agent nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform the following services on behalf of the BanksLender: (a) to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks Lender whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (cb) to review and advise the Agent and the Banks Lender whether, in the opinion of the Construction Inspector, the Plans and and­ Specifications are satisfactory for the intended purposes thereof; (dc) to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the Plans and Specifications and to approve the BorrowerBor­rower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this Agreement, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (ed) to review and advise the Agent and the Banks Lender on any proposed change orders or construction change directives; and (fe) to review the Construction Contract and subcontractssubcon­tracts, for the purpose of providing the Agent and the Banks Lender with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor therefore and expenses incurred by the Banks or the Agent Lender on account thereof shall be reimbursed to the Banks or the Agent as the case may be Lender forthwith upon request therefortherefore, but neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Con­struction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the Agent shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform all or any of the following services on behalf of the BanksLenders: (a) 7.1.1 to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks Lenders whether in the opinion of the Construction Inspector, each of the Project Budget Budgets accurately reflects all applicable Project Costs; (c) 7.1.2 to review and advise the Agent and the Banks Lenders whether, in the opinion of the Construction Inspector, the applicable Plans and Specifications are satisfactory for the intended purposes thereof; (d) 7.1.3 to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the applicable Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the applicable Project Budget and the Borrower's obligations under this Agreement, and to advise the Agent and the Banks Lenders of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) 7.1.4 to review and advise the Agent and the Banks Lenders on any proposed change orders or construction change directivesdirectives requiring Agent's consent; and (f) 7.1.5 to review the Construction Contract Contracts and subcontracts, for the purpose of providing the Agent and the Banks Lenders with an opinion as to the cost of construction to be incurred to complete the ProjectProjects, and also for the purpose of assuring that all such subcontracts are for work required by the applicable Plans and Specifications to be performed. The reasonable fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and the reasonable expenses incurred by the Banks or the Agent and Lenders on account thereof shall be reimbursed to the Banks or the Agent as the case may be and Lenders forthwith upon request therefor, but neither the BanksAgent, the Agent Lenders nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the BanksAgent, the Agent Lenders nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform the following various services on behalf of the Banks: (a) Lender, including, without limitation, to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (c) to review and advise the Agent and the Banks whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (d) Specifications, to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements Renovation Project to such date is in accordance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this AgreementSpecifications, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements Renovation Project and the adequacy of any Contingency Reserve; (e) to review contingencies in the Project Budget, and advise the Agent and the Banks on any proposed change orders or construction change directives; and (f) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and expenses incurred by the Banks or the Agent Lender on account thereof shall be reimbursed to the Banks or Lender forthwith by the Agent as the case may be forthwith Borrower upon request therefor, but neither . Neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (ia) the services performed by the Construction Inspector, (iib) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iiic) any approval by the Construction Inspector of construction of the ImprovementsRenovation Project. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements Renovation Project or the absence therefrom of defects.

Right to Retain the Construction Inspector. (a) The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's ’s cost and expenseexpense (provided the same are commercially reasonable), the Construction Inspector to perform the following various services on behalf of the Banks: (a) Lender, including, without limitation, to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (c) to review and advise the Agent and the Banks whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (d) Specifications, to make periodic inspections of the Project (approximately at near the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is substantially in accordance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this AgreementSpecifications, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) to review Reserve and advise the Agent and the Banks on any proposed change orders or construction change directives; and (f) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. Key Contracts. (b) The reasonable fees of the Construction Inspector shall be paid by the Borrower forthwith upon within thirty (30) days of billing therefor and expenses incurred by the Banks or the Agent Lender on account thereof shall be reimbursed to the Banks or Lender by the Agent as the case may be forthwith upon Borrower within thirty (30) days of request therefor, but neither . (c) Neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of the construction of the Improvements. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. (a) The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform the following various services on behalf of the Banks: (a) to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks whether in the opinion of the Construction InspectorLender, the Project Budget accurately reflects all Project Costs; (c) to review and advise the Agent and the Banks whetherincluding, in the opinion of the Construction Inspectorwithout limitation, the Plans and Specifications are satisfactory for the intended purposes thereof; (d) to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this AgreementSpecifications, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) to review , and advise the Agent and the Banks on any proposed change orders or construction change directives; and (f) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The Construction Inspector named herein is acceptable to Borrower, however, if Lender shall elect to appoint a new Construction Inspector, the Lender shall appoint a Construction Inspector that has an office located in The Commonwealth of Massachusetts. (b) The fees and expenses of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor (whether the same are charged directly to the Lender or the Borrower), and, if the Lender shall pay any such fees and expenses, the Borrower shall reimburse the Lender for such fees and expenses incurred by the Banks or the Agent on account thereof shall be reimbursed to the Banks or the Agent as the case may be forthwith upon request therefor, but neither . (c) Neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, or (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the (a) Agent shall have the right to retain, at the Borrower's ’s cost and expense, the Construction Inspector to perform the following various services on behalf of the Banks: (a) Agent and Lenders, including, without limitation, to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (c) to review and advise the Agent and the Banks whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (d) Specifications, to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in materially accordance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this AgreementSpecifications, and to advise the Agent and the Banks Lenders of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) to review , and advise the Agent and the Banks on any proposed change orders or construction change directives; and (f) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. . (b) The fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and expenses incurred by the Banks or the Agent and Lenders on account thereof shall be reimbursed to the Banks or the Agent as the case may be and Lenders forthwith by Borrower upon request therefor. (c) None of Agent, but neither the Banks, the Agent any Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements, except with respect to any liability resulting from Construction Inspector’s gross negligence or willful misconduct. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's ’s cost and expense, the Construction Inspector to perform the following services on behalf of the BanksLender: (a) to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks Lender whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (cb) to review and advise the Agent and the Banks Lender whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (dc) to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the Plans and Specifications and to approve the Borrower's ’s then current Draw Request as being consistent with the Project Budget and the Borrower's ’s obligations under this Agreement, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (ed) to review and advise the Agent and the Banks Lender on any proposed change orders or construction change directives; and (fe) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks Lender with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor therefore and expenses incurred by the Banks or the Agent Lender on account thereof shall be reimbursed to the Banks or the Agent as the case may be Lender forthwith upon request therefortherefore, but neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.

Right to Retain the Construction Inspector. The Banks acting through the Agent Lender shall have the right to retain, at the Borrower's cost and expense, the Construction Inspector to perform the following services on behalf of the BanksLender: (a) to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks Lender whether in the opinion of the Construction Inspector, the Project Budget accurately reflects all Project Costs; (cb) to review and advise the Agent and the Banks Lender whether, in the opinion of the Construction Inspector, the Plans and Specifications are satisfactory for the intended purposes thereof; (dc) to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance for compliance with the Plans and Specifications and to approve the Borrower's then current Draw Request as being consistent with the Project Budget and the Borrower's obligations under this AgreementRequest, and to advise the Agent and the Banks Lender of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (ed) to review and advise the Agent and the Banks Lender on any proposed change orders or construction change directives; and (fe) to review the Construction Contract and subcontracts, for the purpose of providing the Agent and the Banks with an opinion as to the cost of construction to be incurred to complete the Project, and also for the purpose of assuring that all such subcontracts are for work required by the Plans and Specifications to be performed. The reasonable fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and expenses incurred by the Banks or the Agent Lender on account thereof shall be reimbursed to the Banks or the Agent as the case may be Lender forthwith upon request therefor, but neither the Banks, the Agent Lender nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the Banks, the Agent Lender nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects. The services provided by the Construction Inspector are for the sole and exclusive benefit of Lender.

Right to Retain the Construction Inspector. The Banks acting through the Agent shall have the right to retain, at the Borrower's ’s cost and expense, the Construction Inspector to perform all or any of the following services on behalf of the BanksLenders: (a) 7.1.1 to review and advise the Agent and the Banks as to the current status of the Project and the Project Budget; (b) to review and advise the Agent and the Banks Lenders whether in the opinion of the Construction Inspector, each of the Project Budget Budgets accurately reflects all applicable Project Costs; (c) 7.1.2 to review and advise the Agent and the Banks Lenders whether, in the opinion of the Construction Inspector, the applicable Plans and Specifications are satisfactory for the intended purposes thereof; (d) 7.1.3 to make periodic inspections (approximately at the date of each Draw Request) for the purpose of assuring that construction of the Improvements to date is in accordance with the applicable Plans and Specifications and to approve the Borrower's ’s then current Draw Request as being consistent with the applicable Project Budget and the Borrower's ’s obligations under this Agreement, and to advise the Agent and the Banks Lenders of the anticipated cost of and time for completion of construction of the Improvements and the adequacy of any Contingency Reserve; (e) 7.1.4 to review and advise the Agent and the Banks Lenders on any proposed change orders or construction change directivesdirectives requiring Agent’s consent; and (f) 7.1.5 to review the Construction Contract Contracts and subcontracts, for the purpose of providing the Agent and the Banks Lenders with an opinion as to the cost of construction to be incurred to complete the ProjectProjects, and also for the purpose of assuring that all such subcontracts are for work required by the applicable Plans and Specifications to be performed. The reasonable fees of the Construction Inspector shall be paid by the Borrower forthwith upon billing therefor and the reasonable expenses incurred by the Banks or the Agent and Lenders on account thereof shall be reimbursed to the Banks or the Agent as the case may be and Lenders forthwith upon request therefor, but neither the BanksAgent, the Agent Lenders nor the Construction Inspector shall have any liability to the Borrower on account of (i) the services performed by the Construction Inspector, (ii) any neglect or failure on the part of the Construction Inspector to properly perform its services, or (iii) any approval by the Construction Inspector of construction of the Improvements. Neither the BanksAgent, the Agent Lenders nor the Construction Inspector assumes any obligation to the Borrower or any other Person concerning the quality of construction of the Improvements or the absence therefrom of defects.