Changes; Submission Requirements Clause Samples

Changes; Submission Requirements. Borrower shall submit any proposed change in the Plans and Specifications to Bondowner Representative at least ten (10) days prior to the commencement of rehabilitation relating to such proposed change whether or not such change is subject to Bondowner Representative’s consent. Requests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form acceptable to Bondowner Representative, signed by Borrower and, if required by Bondowner Representative, also by the Architect and the Contractor. At its option, Bondowner Representative may require Borrower to provide: (i) evidence satisfactory to Bondowner Representative of the cost and time necessary to complete the proposed change; (ii) a deposit in the amount of any increased costs into Borrower’s Funds Account; and (iii) a complete set of “as built” Plans and Specifications for the completed Improvements.

Changes; Submission Requirements. Lender shall approve or disapprove any requests under this Section 5.7 within five (5) Business Days after receipt of Borrower’s request and all information required hereunder or Lender determines is otherwise necessary for Lender to make an informed decision on such request. Borrower shall not implement any change order that requires Lender’s consent hereunder unless Lender consents to such change order. Borrower shall not implement any change order which affects the Plans and Specifications without delivering to Lender updated Plans and Specifications reflecting such change order, regardless of whether Lender’s consent to such change order is required. Requests for any change which requires consent shall be accompanied by working drawings to the extent appropriate to the nature of the requested change order and a written description of the proposed change, submitted on a change order form acceptable to Lender, signed by Borrower and by the Architect and the Construction Manager. At its option, Lender may require Borrower to provide: (i) evidence satisfactory to Lender of the cost and time necessary to complete the proposed change; (ii) a deposit in the amount of any increased costs into the Construction Reserve; and (iii) a complete set of “as built” Plans and Specifications for completed Improvements to the extent then available.

Changes; Submission Requirements. Borrower shall submit any proposed change in the Plans and Specifications to Administrative Agent at least ten (10) days prior to the commencement of construction relating to such proposed change if such change is subject to Administrative Agent’s or Requisite Lenders’ consent, and Borrower shall promptly submit to Administrative Agent any change in the Plans and Specifications not requiring Administrative Agent’s or Requisite Lenders’ consent. Requests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form acceptable to Administrative Agent, signed by Borrower and, if reasonably required by Administrative Agent, also by the Architect, the Contractor and/or the Independent Inspecting Architect. At its option, Administrative Agent may require Borrower to provide: (i) evidence satisfactory to Administrative Agent of the cost and time necessary to complete the proposed change; and (ii) a complete set of “as built” Plans and specifications for the completed Improvements to the extent in Borrower’s possession or control.

Changes; Submission Requirements. If County’s consent to a change is required hereunder, then ▇▇▇▇▇▇▇▇ shall submit any proposed change in the Plans and Specifications to County at least ten (10) days prior to the commencement of construction/rehabilitation relating to such proposed change; otherwise, Borrower shall submit plans and changes, which do not require County’s consent, with ▇▇▇▇▇▇▇▇’s subsequent draw request. Requests for any change which requires consent shall be accompanied by working drawings and/or specifications sheet and a written description of the proposed change, submitted on a change order form reasonably acceptable to the County, signed by ▇▇▇▇▇▇▇▇ and, if required by County, also by the Architect and Contractor. At its option, County may require Borrower to provide: (i) evidence reasonably satisfactory to County of the cost and time necessary to complete the proposed change; (ii) a deposit in the amount of any increased costs into Borrower’s construction account; and (iii) a complete set of “as built” Plans and Specification for the completed Project, including any changes.

Changes; Submission Requirements. Borrower shall submit any proposed change in the Plans and Specifications that requires the consent of Administrative Agent or Requisite Lenders to Administrative Agent at least ten (10) days prior to the commencement of construction relating to such proposed change, and shall submit any proposed change in the Plans and Specifications that does not require the consent of Administrative Agent or Requisite Lenders to Administrative Agent within three (3) days following the commencement of construction of the Expansion relating to such proposed change or Borrower’s first knowledge of such change, whichever is later to occur. Requests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form reasonably acceptable to Administrative Agent, signed by Borrower and, if required by Administrative Agent, also by the Architect and the Contractor. Administrative Agent may also condition its consent to any proposed change on receipt of the Independent Inspecting Architect’s signature on any such change order form. At its option, Administrative Agent may require Borrower to provide: (i) evidence reasonably satisfactory to Administrative Agent of the cost and time necessary to complete the proposed change; and (ii) a deposit in the amount of any increased costs into Borrower’s Funds Account if such change will cause the Loan to no longer be In-Balance. Notwithstanding the foregoing, Administrative Agent’s prior written approval is not required for (y) any change orders resulting from matters of life or safety or (z) change orders of less than $2,000,000. If Administrative Agent has not responded to such proposed change within ten (10) Business Days after receiving all necessary documents regarding such change, Borrower may submit a second request in writing to Administrative Agent regarding such proposed change, and if Administrative Agent fails to respond within ten (10) Business Days of such second request, then Administrative Agent (and Requisite Lenders, if applicable) shall have been deemed to have consented to such proposed change.

Changes; Submission Requirements. For any change to the Plans and Specifications, Borrower shall submit, or shall cause Developer to submit, as soon as available, the change in the Plans and Specifications to Administrative Agent. Any such change shall be accompanied by working drawings (and bubble diagrams, if applicable) and a written description of the change, submitted on a change order form acceptable to Administrative Agent, signed by Borrower and, if required by Administrative Agent, also by the Architect, the Contractor and/or the Independent Inspecting Architect.

Changes; Submission Requirements. Borrower shall submit (or cause Development Manager to submit) any proposed change in the Plans and Specifications to Administrative Agent prior to the commencement of construction relating to such proposed change whether or not such change is subject to Administrative Agent’s or Requisite Lenders’ consent. Borrower will not permit the performance of any work pursuant to any change which requires the consent of Administrative Agent or Requisite Lenders without obtaining the prior written approval of Administrative Agent or Requisite Lenders, as applicable. Requests for any change which requires consent shall be accompanied by a written description of the proposed change and, if warranted or requested by Administrative Agent, working drawings, and shall be submitted on a change order form acceptable to Administrative Agent, signed by Borrower or Development Manager and, if required by Administrative Agent, also by the Architect, the Contractor and/or the Independent Inspecting Architect. At its option, Administrative Agent may require Borrower to provide: (i) evidence satisfactory to Administrative Agent of the cost and time necessary to complete the proposed change; and (ii) a deposit in the amount of any increased costs into the Borrower’s Funds Account if required pursuant to Section 3.1(c) above.

Changes; Submission Requirements. Borrowers shall submit any proposed change in the applicable Plans and Specifications of the Construction Improvements requiring Lender’s consent to Lender at least five (5) Business Days prior to the commencement of construction relating to such proposed change. Requests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form acceptable to Lender, signed by such Borrower and, if required by Lender, also by the applicable Architect and General Contractor. At its option, Lender may require the Borrowers to provide: (i) evidence satisfactory to Lender of the cost and time necessary to complete the proposed change; (ii) a deposit in the amount of any increased costs into the Guarantor Reserve Account only if as a result of the funding, the Loan will be out of balance, or Borrowers may pay the difference for such construction cost increase as a condition to any further advances by Lender hereunder for the Improvements; and (iii) a complete set of “as built” Plans and Specifications for the Completed Improvements (if required by Lender).

Changes; Submission Requirements. Borrower shall submit any proposed change in the Plans and Specifications to Administrative Agent at least ten (10) days prior to the commencement of construction relating to such proposed change whether or not such change is subject to Administrative Agent’s or Requisite Lenders’ consent. Requests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form acceptable to Administrative Agent, signed by Borrower and, if required by Administrative Agent, also by the Architect, the Contractor and/or the Independent Inspecting Architect. At its option, Administrative Agent may require Borrower to provide: (i) evidence satisfactory to Administrative Agent of the cost and time necessary to complete the proposed change; (ii) a deposit in the amount of any increased costs into Borrower’s Funds Account; and (iii) a complete set of “as built” Plans and Specifications for the completed Improvements.