Existing Construction Documents definition
Existing Construction Documents means copies of all plans and specifications and site plans and other similar documentation related to the development, construction, renovation, alteration or improvement of any Location and each Substitution Location, in Seller’s possession or control, which were obtained prior to December 16, 2015.
Existing Construction Documents means, collectively, the Construction Documents in effect on the Closing Date.
Existing Construction Documents means, collectively, the Engineering, Procurement and Construction Services Contract, the Plans and Specifications, and all other plans, drawings, contracts, licenses, permits, certificates (including without limitation certificates of occupancy), licenses, approvals, qualification statements and other similar documentation related to the development, construction, renovation, alteration or improvement of the Property or Seller’s and/or Tenant’s lawful use and occupancy thereof, in existence as of the date hereof. Purchase and Sale Agreement New Rise Renewables (NV)
Examples of Existing Construction Documents in a sentence
Tenant shall complete the Project in compliance with the Existing Construction Documents.
The copies of the Existing Construction Documents furnished to date to Buyer are true, correct and complete copies thereof and all of the aforesaid agreements are all in full force and effect.
Tenant shall not materially amend, modify or restate any of the Existing Construction Documents without first obtaining Landlord’s written approval to such amendment, modification, or restatement, which consent shall not be unreasonably withheld, conditioned or delayed.
The Existing Construction Documents heretofore executed by, or assigned to and assumed by, Mortgage Borrower are in full force and effect, have not been amended, modified, terminated, assigned or otherwise changed (except as set forth on Schedule I), or the provisions thereof waived.
To the knowledge of Seller, there is no material default by the counterparties under the Existing Construction Documents, nor any condition which, given notice or the passage of time, or both, would constitute a material default under the Existing Construction Documents.
Tenant shall not materially amend, modify or restate any of the Existing Construction Documents without first obtaining Landlord’s written approval to such amendment, modification, or restatement.
The Existing Construction Documents heretofore executed by, or assigned to and assumed by, Borrower are in full force and effect, have not been amended, modified, terminated, assigned or otherwise changed (except as set forth on Schedule I), or the provisions thereof waived.
More Definitions of Existing Construction Documents
Existing Construction Documents means, collectively, the General Construction Contract, the Architect’s Contract, the Plans and Specifications, and all other plans, drawings, contracts, licenses, permits, certificates (including without limitation certificates of occupancy), approvals, qualification statements and other similar documentation related to the development, construction, renovation, alteration or improvement of the Premises for the Permitted Use; (ii) “General Construction Contract” means the Guaranteed Maximum Price Contract dated as of February 8, 2021 , by and between HOF Village Retail I, LLC and ▇▇▇▇▇▇ Construction/▇▇▇▇, and the Guaranteed Maximum Price Contract dated as of February 8, 2021 by and between HOF Village Retail II LLC and ▇▇▇▇▇▇ Construction/▇▇▇▇, as amended, restated or otherwise modified from time to time; (iii) “Architect’s Contract” means the Agreement dated as of October 30, 2019, by and between Prime AE and HOF Village Retail I, LLC and HOF Village Retail II, LLC, as amended, restated or otherwise modified from time to time; and (iv) “Plans and Specifications” means the final plans and specifications for the development and construction of the Project, as the same may be amended from time to time, subject to the terms of this Lease. Tenant shall not materially amend, modify or restate any of the Existing Construction Documents without first obtaining Landlord’s written approval to such amendment, modification, or restatement. Prior to the date hereof, ▇▇▇▇▇▇ has caused each party to the General Construction Contract and the Architect’s Contract to execute an Acknowledgment of Third Party Beneficiary substantially in the form attached hereto as Exhibit G. Ground Lease Hall of Fame Village
Existing Construction Documents means, collectively, the General Construction Contract, the Plans and Specifications, and all other plans, drawings, contracts, licenses, permits, certificates (including without limitation certificates of occupancy), approvals, qualification statements and other similar documentation related to the development, construction, renovation, alteration or improvement of the Premises for the Permitted Use; (ii) “General Construction Contract” means collectively, (1) the Engineering, Procurement and Construction Services Contract for Hydrotreater Off Gas Conservation System between New Rise Processing Reno, LLC and Encore DEC, LLC dated as of September 1, 2020, as amended, restated or otherwise modified from time to time, and (2) the Engineering, Procurement and Construction Services Contract for Feedstock Degumming and Waste Water Treatment between New Rise Processing Reno, LLC and Encore DEC, LLC dated as of September 1, 2020, as amended, restated or otherwise modified from time to time; and (iii) “Plans and Specifications” means the final plans and specifications for the development and construction of the Project, as the same may be amended from time to time, subject to the terms of this Lease. Tenant shall not materially amend, modify or restate any of the Existing Construction Documents without first obtaining Landlord’s written approval to such amendment, modification, or restatement, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to the date hereof, T▇▇▇▇▇ has caused each party to the General Construction Contract to execute an Acknowledgment of Third Party Beneficiary substantially in the form attached hereto as Exhibit G, which shall be subject and subordinate to any rights of L▇▇▇▇▇ in and to the General Construction Contract.
Existing Construction Documents means, collectively, the Construction Documents in effect as of the Closing Date, as more particularly described on Schedule I hereto. “Extension Option” has the meaning set forth in Section 2.3.1 hereof. “Extension Shortfall” has the meaning set forth in Section 2.3.1(k) hereof. “Extension Term” has the meaning set forth in Section 2.3.1 hereof. “Extraordinary Expenses” has the meaning set forth in Section 5.1.1(f)(iv). “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the Code and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement, treaty or convention among Governmental Authorities and implementing such Sections of the Code. “Financial Covenant Requirements” means, collectively, the Guarantor Net Worth and Liquid Assets (each such term as defined in the Recourse Guaranty) requirements set forth in the Recourse Guaranty. “Fitch” means Fitch, Inc.
Existing Construction Documents means, collectively, the Construction Documents in effect as of the Closing Date, as more particularly described on Schedule I hereto. “Extension Option” has the meaning set forth in Section 2.3.1 hereof. “Extension Shortfall” has the meaning set forth in Section 2.3.1(k) hereof. “Extension Term” has the meaning set forth in Section 2.3.1 hereof. “Extraordinary Expenses” has the meaning set forth in Section 5.1.1(f)(iv). “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the Code and any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement, treaty or convention among Governmental Authorities and implementing such Sections of the Code. “Financial Covenant Requirements” means, collectively, the Guarantor Net Worth and Liquid Assets (each such term as defined in the Recourse Guaranty) requirements set forth in the Recourse Guaranty. “Fitch” means Fitch, Inc. “Foreign Lender” means (a) if Borrower is a U.S. Person, a Lender that is not a U.S. Person, and (b) if Borrower is not a U.S. Person, a Lender that is resident or organized under the laws of a jurisdiction other than that in which Borrower is resident for tax purposes. “General Contractor” means (i) ▇▇▇▇▇▇ Construction Company or (ii) any other bondable general contractor or construction manager, as the case may be, licensed in the State, engaged by Borrower or its Affiliate with respect to the construction of the Project and approved by Lender, such approval not to be unreasonably withheld, conditioned or delayed, and for which Lender has received a general contractor in the form of the Assignment of General Contractor Agreement.