Construction Escrow Agent definition
Examples of Construction Escrow Agent in a sentence
Tenant shall not enter any contracts for construction, architectural, engineering or other lienable work, the value of which could exceed $250,000, unless those contracts contain (i) a stipulated sum or guaranteed maximum price, (ii) consent by the contractor to direct payment of subcontractors by Construction Escrow Agent or from the Joint Escrow Account, as the case may be.
Tenant shall deliver to Landlord and Construction Escrow Agent or Administrator, as the case may be, copies of all contacts as they are let.
The Construction Escrow Agent agrees to act in good faith at all times in the performance of its covenants and obligations pursuant to this Agreement.
Neither Landlord nor Tenant shall be responsible for any misconduct, malfeasance, negligence, investment loss or other loss of principal by the Escrow Holder or Construction Escrow Agent, as the case may be.
The Parties hereto irrevocably instruct the Disbursement Agent to deliver written notice to the Trustee, Hyatt Gaming, the Construction Escrow Agent, the Independent Construction Consultant and the Company that no funds remain in any one or more of the Construction Disbursement Accounts or Completion Reserve Accounts on the first date upon which the balance in such Account(s) is reduced to zero.
If the budget for any proposed Alterations exceeds $250,000, then prior to commencement of such Alterations, Tenant shall establish and fund, as required below, a joint construction escrow with the Construction Escrow Agent, (as defined below) and Landlord, pursuant to construction escrow instructions in or, if the parties are unable to locate or agree on a Construction Escrow Agent, then Tenant shall have funded the Joint Escrow Account as required below.
The Company, the Trustee and Hyatt Gaming hereby appoint the Construction Escrow Agent, and the Construction Escrow Agent hereby accepts appointment, as escrow agent hereunder upon the terms and conditions set forth in this Agreement.
The Construction Escrow Agent shall keep all such information confidential and shall not disclose such information to any Person other than the Parties without the prior written consent of the Company, except to the extent disclosure of such information is (i) required under Applicable Law, or (ii) necessary or appropriate to perform its obligations under this Agreement.
If the Independent Construction Consultant determines that it cannot provide the Independent Construction Consultant's Disbursement Approval or the Construction Escrow Agent determines that it cannot provide the Construction Escrow Agent's Issuance Letter, with respect to all or any amount of the requested disbursement, the Company shall have the right to withdraw such Disbursement Request, and notwithstanding Section 7.1(c) submit an amended Disbursement Request hereunder.
All funds delivered to the Construction Escrow Agent pursuant to this Agreement shall be held in trust and not commingled with any deposit or commercial bank account.