Common use of Title Policy Endorsements; Architect's Certificate Clause in Contracts

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and to the extent approved by the Agent in writing): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the Building has been completed substantially in accordance with the Plans and Specifications therefor, and the Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the Leased Property or other legally equivalent permission to occupy the Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent Lessee shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all material Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material respects with all material Applicable Laws in effect at such time. The Construction Agent Lessee shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent Lessee shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent Lessee shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The related -------------------------------------------------- Construction Agent Lessee shall have furnished to each Funding Party Participant (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction)endorsement, in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, Date and stating that (i) the Building has been completed substantially in accordance with the Plans and Specifications thereforSpecifications, and the Leased Property is ready for occupancy, (ii) such the Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent shall also deliver to the Agent , and certifying that attached thereto are true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) and a plat of survey of the Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (CB) copies of all licenses and permits required by any Governmental Authority having jurisdiction over the use and occupancy of the Leased Property and for the operation thereof, including copies of a certificate or certificates of occupancy for the Leased Property or other legally equivalent permission to occupy the Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- If such Leased Property is a Major Property, the Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect or the related General Contractor dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor Agent and the LendersLessor, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material Material respects with all Material Applicable Laws in effect at such time, and (iii) to the best of the Architect's or General Contractor's knowledge, the such Leased Property, as so completed, complies in all material Material respects with all Material Applicable Laws in effect at such time. The If such Leased Property is a Major Property, the Construction Agent shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy Policy, if available under Applicable Law affecting the Title Insurance Company (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAdministrative Agent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Administrative Agent, the Lessor and the B Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's Architects knowledge, the such Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent shall also deliver to the Administrative Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of an as-built survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvementsProperty, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- If such Leased Property is a Major Property, the Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material Material respects with all Material Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material Material respects with all Material Applicable Laws in effect at such time. The If such Leased Property is a Major Property, the Construction Agent shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The -------------------------------------------------- Construction Agent shall have furnished to each Funding Party (1) the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, the Lessor and the Lenders, and stating that (i) the related Building has been completed substantially in accordance with the Plans and Specifications therefor, and the such Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the such Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the such Leased Property or other legally equivalent permission to occupy the such Leased Property.

Title Policy Endorsements; Architect's Certificate. The Lessee -------------------------------------------------- Construction Agent shall have furnished to each Funding Party the Lessor and the Agent (1) the following endorsements endorsement to the related Title Policy (each of which shall be subject to no exceptions other than Permitted Encumbrances approved by the Agent in writing and such other exceptions created in the public records after the Closing Date if and those reasonably acceptable to the extent approved by the Agent in writingAgent): a datedown-down date endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement theretoPolicy) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction, and (2) a statement certificate of the Architect dated at or about the Completion Date, in form and substance reasonably satisfactory to the Agent, Agent and the Lessor and the Lenders, and stating that (i) the Building has been completed substantially in accordance with the Plans and Specifications therefor, and the Leased Property is ready for occupancy, (ii) such Plans and Specifications comply in all material respects with all Applicable Laws in effect at such time, and (iii) to the best of the Architect's knowledge, the such Leased Property, as so completed, complies in all material respects with all Applicable Laws in effect at such time. The Construction Agent Lessee shall also deliver to the Agent true and complete copies of: (A) an "as built" or "record" set of the Plans and Specifications, (B) a plat of survey of the Leased Property "as built" to a standard reasonably acceptable to the Agent showing all easements, paving, driveways, fences and exterior improvements, and (C) copies of a certificate or certificates of occupancy for the Leased Property or other legally equivalent permission to occupy the such Leased Property.