The Construction Contract. Borrower shall not become a party to any Construction Contract, or other contract for the performance of any work on the Property or for the supplying of any labor, materials, or services for the development of any part of the Property ,except upon such terms and with such parties as shall be approved in advance in writing by Lender. Borrower shall cause each Contractor to execute a Contractor’s Consent, satisfactory to Lender in form and substance, and shall contain a provision subordinating the Contractor’s and all subcontractor's Liens to the Lien of the Deed of Trust. No approval by Lender of any Construction Contract or change order shall impose upon Lender any responsibility for the adequacy, form, or content of such Construction Contract or any change orders.
The Construction Contract. The Builder shall ensure that the construction contract for the Construction Plans for the Facilities contains the following:
a. Construction of the Facilities will begin on or before 90 days after the Effective Date unless an alternative time to initiate construction has been approved in writing by the Executive Director.
b. A Maintenance Surety consistent with Toho’s current standards and specifications pursuant to Section 10 of this Agreement, which Maintenance Surety shall be in force and effect for a period of one year after the date of the Xxxx of Sale.
c. A performance bond and a payment bond pursuant to Section 10 of this Agreement, which bond shall be in the amount of the value of the construction contract. The performance bond shall ensure that the construction contractor fully, timely, and faithfully performs the construction contract and all obligations thereunder. The payment bond shall ensure that the construction contractor shall promptly make payment to all persons supplying services, labor material, or supplies used directly or indirectly by the construction contractor or any subcontractor(s) in the prosecution of the work provided for in the construction contract.
d. That Toho is a third-party beneficiary and additional insured in all contracts, bonds, and other related instruments.
e. That proof of the bonds and certificates of insurance be provided to Toho prior to beginning construction, both new and existing.
f. That the construction contractor keep the Facilities free and clear of dirt and construction debris during construction.
The Construction Contract. Borrower shall not become a party to any Construction Contract, or other contract for the performance of any work on the Property or for the supplying of any labor, materials, or services for the development of any part of the Property, except upon such terms and with such parties as shall be approved in advance in writing by Lender, such approval not to be unreasonably withheld. Borrower shall cause each Contractor to execute a Contractor’s Consent, satisfactory to Lender in form and substance, and shall contain a provision subordinating the Contractor’s and all subcontractor's Liens to the Lien of the Deed of Trust. No approval by Lender of any Construction Contract or change order shall impose upon Lender any responsibility for the adequacy, form, or content of such Construction Contract or any change orders. Loan Agreement – Rosehill Reserve Xxxxxx County, Texas 28
The Construction Contract. The final Plans and Specifications (acceptable to the Lender in all respects);
The Construction Contract. Borrower shall become a party to no Material Agreement or Major Contract (other than Approved Contracts) for the performance of any work on the Property or for the supplying of any labor, materials, or services for the construction of the Improvements except upon such terms and with such parties as shall be approved in writing by Lender, such approval not to be unreasonably withheld, conditioned or delayed. Borrower shall neither request nor approve any change orders under the Construction Contract without the prior written approval of Lender, such approval not be unreasonably withheld, conditioned, or delayed, except for non-structural changes which do not change the cost of construction by more than One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) as to any one change or Five Hundred Thousand and No/100 Dollars ($500,000.00) in the aggregate. No approval of Lender of any Construction Contract or change order shall make Lender responsible for the adequacy, form, or content of such Construction Contracts or change orders.
The Construction Contract. Date Parties
The Construction Contract. The Technical Services Agreement dated 26 March 1996 made between the Borrower and the Promoters.
The Construction Contract. Borrower shall not become a party to any contract in excess of $50,000.00 for the performance of any Work on the Property or for the supplying of any labor, materials, or services for the construction of the Improvements except upon such terms and with such parties as shall be approved in writing by Lender. Lender’s approval of any contractor or contract may be conditioned upon such contractor providing a payment and performance bond for all or part of the work to be undertaken under the contract. Borrower may retain an affiliated construction company to act as general contractor; in such case, all approval rights of Lender and rights to require bonding of Lender shall be for subcontractors and suppliers. The general contractor must agree in writing that all liens of the genera] contractor are subordinate to the lien of the Deed of Trust. The general contractor must agree in writing that no change orders to the Plans for which Lender’s consent is required hereunder, shall be effective without the prior written approval of Lender. No approval by Lender of any Construction Contract or change orders thereto shall make Lender responsible for the adequacy, form, or content of such Construction Contracts or change orders. Upon written request by Lender, Borrower shall supply Lender with a list of all original contractors and all second and subsequent tier contractors and suppliers, and their respective addresses and telephone numbers, and information with respect to the portion of such contracts completed and sums owed to such contractors and suppliers. If requested by Lender, Borrower will cause all subcontractors whose contract prices exceeds ten percent (10%) of the amount of the Approved Budget, as provided in Section 1.15 herein to provide a performance bond and a payment bond of such character, issued by companies; on forms and in such penal sum in connection with the construction of the Improvements, as Lender shall designate. Unless waived by Lender, all such bonds shall name Lender as co-obligee.
The Construction Contract. Developer agrees to contract for and oversee the design and construction of the Sitework. Developer shall bid the Sitework, sign the construction contracts, and shall be responsible to oversee its completion. Developer’s contract for the Sitework shall contain a clause which provides that Wal-Mart is a third party beneficiary of said contract and a clause that once the Sitework has begun, the contractor will use due diligence in completing the work and, to the maximum extent permitted by applicable law, will not permit a cessation of work for a period greater than three
The Construction Contract. The overall control of the Government in the project was assumed from the early days. Thus, in his detailed letter to Governor Xxxxxxxxxxx, dated 20 November 1844, Xxxxxxx referred to an Agreement signed by a Chinese contractor for the construction of a lighthouse (which, at this period, was envisaged at Peak Rock). In the letter, Xxxxxxx stated: “This agreement of course is only preparatory to a formal one being drawn out when the orders of Government shall be made known.”145 The agreement was to be signed by the Governor and by the Under Secretary to the Government of Bengal. Xxxxxxx reverted to the subject of the construction contract in the important letter to Church dated 20 December 1849. In this letter, Xxxxxxx was responding at the most practical level to the information provided to him by Church that the Court of Directors had authorised the “immediate construction” of a lighthouse on Pedra Branca.
