THE BUILDING WORKS Clause Samples
THE BUILDING WORKS. The Contractor undertakes to erect a structure ("the Building Works") in accordance with the building specifications and guidelines contained in the Elgin Country Estate Architectural Design & Sustainable Guidelines document being Annexure "B" hereto, and the Sketch Plans being Annexure "A2" ("the Plans") hereto, upon Erf Number ELGIN COUNTRY ESTATE ("the Property") which property was bought by the Purchaser in terms of the Agreement of Sale dated 20 .
THE BUILDING WORKS. 3.1. The Landlord shall at its own cost use reasonable endeavours to procure the Date of Practical Completion as soon as practicable after satisfaction of the Conditions and in any event by the Building Long Stop Date and to that end:
3.1.1. shall at its own cost obtain all Necessary Consents in relation to the Building Works;
3.1.2. shall procure that the Building Works are carried out in accordance with the Building Contract in a good and workmanlike manner and in accordance with all Necessary Consents;
3.1.3. will keep the Tenant updated as to the progression of the Building Works and anticipated Date of Practical Completion;
3.1.4. shall diligently enforce the provisions of the Sale and Purchase Agreement and procure enforcement of the Building Contractor's obligations under the Building Contract;
3.1.5. shall provide the Tenant with a certified copy of the Building Contract;
3.1.6. to the extent that such waiver or variation would:
3.1.6.1 adversely affect the Tenant's use and occupation of the Development for the use permitted in the Lease; and/or
3.1.6.2 vary and/or amend the Specification; and/or
3.1.6.3 in the Tenant's opinion (acting reasonably) make the Development unsuitable for the original client group intended to occupy the Development once completed the Landlord shall not without the consent of the Tenant (such consent not to be unreasonably withheld or delayed) waive or vary or permit the waiver or varying of the benefit of any covenants or obligations of the Sale and Purchase Agreement and/or the Building Contract; and
3.1.7. shall observe and perform the obligations contained in the Sale and Purchase Agreement on the part of the purchaser and procure the observance and performance of the obligations owed to the Building Contractor contained in the Building Contract.
3.2. The Landlord is to:
3.2.1. In respect of the Building Contract:
3.2.1.1 procure that the form of Building Contract is produced to the Tenant for approval (such approval not to be unreasonably withheld or delayed) as soon as practicable following the date of this agreement Provided That the Tenant shall not object to any terms of the Building Contract unless such term would:
3.2.1.1.1. adversely affect the Tenant's use and occupation of the Development; and/or
3.2.1.1.2. vary and/or amend the Specification; and/or
3.2.1.1.3. in the Tenant's opinion (acting reasonably) make the Development unsuitable for the original client group intended to occupy the Development once com...