Commencement, Pursuit and Completion of Construction Sample Clauses

Commencement, Pursuit and Completion of Construction. The Borrower will commence construction of the Improvements­ within ten (10) days after the Construction Loan Closing Date, will diligently pursue construction of the Improvements in accordance with the Construction Schedule, and will complete construction of the Improvements prior to the Completion Date, all in accordance with the Plans and Specifications, in full compliance with all re­strictions, covenants and easements affecting the Project, all Requirements, and all Project Approvals, and with all terms and conditions of the Loan Documents, without deviation from the Plans and Specifica­tions unless the Borrower obtains the prior approval of the Lender, and the Primary Tenant. The Borrower will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction of the Improvements in accordance with the Plans and Specifications and in full Compliance with all restrictions, covenants and easements affecting the Project, all Requirements and all Project Approv­als, and with all terms and conditions of the Loan Documents, all of which shall be accomplished on or before the Completion Date, free from any liens, claims or assessments (actual or contingent) asserted against the Project for any material, labor or other items furnished in connection therewith. The Borrower will furnish evidence of satisfactory Compliance with this Section 10.02 to the Lender on or before the Completion Date.
AutoNDA by SimpleDocs
Commencement, Pursuit and Completion of Construction. Borrower will diligently pursue construction of the applicable Improvements in accordance with the Construction Schedules, and complete construction of the applicable Improvements prior to the applicable Completion Date, all substantially in accordance with the applicable Plans and Specifications in substantial compliance with all restrictions, covenants and easements affecting the Projects, all Requirements, and all Project Approvals, and with all terms and conditions of the Loan Documents, without deviation from the applicable Plans and Specifications unless Borrower obtains the prior approval of Agent and the surety company or companies issuing the applicable Payment and Performance Bond (to the extent either such approval is required hereunder or thereunder). Borrower will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction of the applicable Improvements substantially in accordance with the applicable Plans and Specifications and in substantial compliance with all restrictions, covenants and easements affecting the applicable Project, all Requirements and all Project Approvals, and with all terms and conditions of the Loan Documents, all of which shall be accomplished on or before the applicable Completion Date in accordance with all Requirements, free (by bonding or otherwise) from any liens, claims or assessments (actual or contingent) asserted against the Projects for any material, labor or other items furnished in connection therewith. Borrower will furnish evidence of satisfactory compliance with this Section 9.2 to Agent on or before the applicable Completion Date.
Commencement, Pursuit and Completion of Construction. The Borrower will commence construction of the Improvements within thirty (30) days after the date hereof. The Borrower will diligently pursue construction of the Improvements in accordance with the Construction Schedule, and will complete construction of the Improvements on or before the Completion Date, all in accordance with the Plans and Specifications, in full compliance with all restrictions, covenants and easements affecting the Project, all Requirements, and all Project Approvals, and with all terms and conditions of the Loan Documents, without deviation from the Plans and Specifications unless the Borrower obtains the prior approval of the Majority Banks. Notwithstanding the foregoing, but without limiting or affecting any provision in any other Section of this Agreement, the Borrower may without the prior consent of the Majority Banks authorize changes in the Construction Contract through customary change orders or construction change directives provided that (a) such changes individually do not exceed $50,000.00 or in the aggregate with all prior change orders do not exceed $150,000.00, (b) none of such changes individually or in the aggregate will in the determination of the Agent delay the completion of the Project beyond the Completion Date, (c) none of such changes individually or in the aggregate will materially affect the size, utilization, appearance or value of the Improvements for the purposes contemplated by the Plans and Specifications, and (d) the Construction Inspector (or another architect or engineer designated by the Agent) shall have certified to the Agent in writing that such changes do not constitute a substantial change in the Plans and Specifications and do not constitute a change in the scope of the work under the Construction Contract. Borrower shall promptly deliver to the Agent copies of all "change orders" whether or not the prior consent of the Agent thereto is required. The Borrower will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction of the Improvements in accordance with the Plans and Specifications and in full compliance with all restrictions, covenants and easements affecting the Project, all Requirements and all Project Approvals, and with all terms and conditions of the Loan Documents, all of which shall be accomplished on or before the Completion Date, free from any liens, claims or assessments (actual or contingent) asserted against the Project for any ma...
Commencement, Pursuit and Completion of Construction. The Borrower will commence construction of the Improvements within the time period provided therefor in the Construction Schedule delivered by the Borrower to the Lender in connection with the closing of the Loan and will diligently pursue construction of the Improvements in accordance with the Construction Schedule, will attain Project Completion prior to the Project Completion Date, and will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction, all in substantial accordance with the Plans and Specifications, in full compliance with all restrictions, covenants and easements affecting the Project, all Requirements, all Project Approvals, and with all terms and conditions of the Loan Documents, and the Tenant Lease, without deviation from the Plans and Specifications unless the Borrower obtains the prior approval of the Lender, if required as provided herein, Tenant (if required by the Tenant Lease) and if applicable, the surety company or companies issuing any Payment and Performance Bonds. Such construction shall be completed free from any liens, claims or assessments (actual or contingent) asserted against the Project for any material, labor or other items furnished in connection therewith. The Borrower will furnish reasonable evidence of satisfactory compliance with this Section to the Lender on or before the Project Completion Date.
Commencement, Pursuit and Completion of Construction. The Borrower will commence construction of the Renovation Project by no later than the tenth (10th) day following the Closing Date, will diligently pursue construction of the Renovation Project in accordance with the Construction Schedule, will attain Project Completion on or prior to the Project Completion Date, and will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction, all in accordance with the Plans and Specifications, in full compliance with all restrictions, covenants and easements affecting the Site and Improvements, all Requirements, all Project Approvals, and with all terms and conditions of the Loan Documents and the Key Lease, without deviation from the Plans and Specifications unless the Borrower obtains the prior approval of the Lender, the Key Tenant and if applicable, the surety company or companies issuing any Payment and Performance Bonds. Such construction shall be completed free from any liens, claims or assessments (actual or contingent) asserted against the Site and Improvements for any material, labor or other items furnished in connection therewith. The Borrower will furnish evidence of satisfactory compliance with this Section to the Lender on or before the Project Completion Date.
Commencement, Pursuit and Completion of Construction. Borrower will diligently pursue construction of the Improvements in material accordance with the Construction Schedule, subject to Force Majeure, provided, however, that Borrower shall furnish Agent with written notice satisfactory to Agent evidencing any such delay within ten (10) days from the occurrence of any event constituting Force Majeure, and will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction (subject to Borrower’s right to contest same under Section 10.12 below), on or before the Completion Date, all in accordance with the Plans and Specifications, in compliance with all restrictions, covenants and easements affecting the Project, all Requirements, all Project Approvals, and with all terms and conditions of the Loan Documents, without material deviation from the Plans and Specifications unless Borrower obtains the prior approval of Agent not to be unreasonably withheld, and, only if applicable and required, the insurance company or companies underwriting the Subcontractor Default Surety Program. To the extent not previously delivered to Agent for any particular phase of the Project, Borrower shall deliver to Agent for its review and approval, Plans and Specifications for such particular phase of the Project. All construction shall be completed free from any liens, claims or assessments (actual or contingent) asserted against the Project for any material, labor or other items furnished in connection therewith, subject, however, to Borrower’s right to contest in good faith any such claims or assessments pursuant to Section 10.12 below.
Commencement, Pursuit and Completion of Construction. The Borrower will continue construction of the Improvements, will diligently pursue construction of all Improvements in accordance with the Construction Schedule, will complete construction of the Improvements prior to the Completion Date, at least 10 days prior to the expiration of the each Purchase and Sale Agreement for each Unit, all in accordance with the Plans and Specifications, in full compliance with the Condominium Declaration and all restrictions, covenants and easements affecting the Project, all Requirements, and all Project Approvals, and with all terms and conditions of the Loan Documents, the Purchase and Sale Agreements, and the Condominium Declaration without deviation from the foregoing and the requirements of the Purchase and Sale Agreements unless the Borrower obtains the prior approval of the Lender, the purchasers under the Purchase and Sale Agreement if required, and the surety company or companies issuing any Payment and Performance Bonds in the amount of not less than the Construction Contract. The Borrower will pay all sums and perform all such acts as may be necessary or appropriate to complete such construction of the Improvements, free from any liens, claims or assessments (actual or contingent) asserted against the Project for any material, labor or other items furnished in connection therewith.
AutoNDA by SimpleDocs
Commencement, Pursuit and Completion of Construction. Provided Lender responds to requests for approvals and/or consents within the time periods specified hereunder, as of the date hereof the Borrower intends to commence construction, which term shall include pre- construction demolition, not later than January 9, 2006 and will diligently pursue construction of the Improvements, will use commercially reasonable efforts to attain Project Completion by the Project Completion Date, and will pay all reasonable sums and perform all such acts as may be reasonably necessary or appropriate (without the obligation to perform “after-hours” work or utilize other extraordinary measures) to complete such construction, substantially in accordance with the Plans and Specifications, in substantial compliance with all restrictions, covenants and easements affecting the Project, all Requirements, all Project Approvals, and with all terms and conditions of the Loan Documents without material deviation from the Plans and Specifications unless the Borrower obtains the prior approval of the Lender, which approval shall not be unreasonably withheld or delayed. Such construction shall be completed free from any liens, claims or assessments (actual or contingent) asserted against the Project for any material, labor or other items furnished in connection therewith subject to Section 8.7 below.

Related to Commencement, Pursuit and Completion of Construction

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

  • Initial Construction Landlord shall fully construct the base Building in accordance with the preliminary base building plans, including, without limitation, floor plans, elevations and site plan(s) (collectively, the "PBBP") and Base Building Outline Specifications attached hereto as Exhibits B-1 and B-2, respectively (all of such work being collectively referred to as the "Landlord's Work"). In the event of differences between the PBBP or the Landlord's Plans (as hereinafter defined) and the Base Building Outline Specifications, the Base Building Outline Specifications shall govern and control until the Landlord's Plans (as hereinafter defined) are prepared. A complete set of final base Building plans and construction drawings and specifications, such drawings and specifications to include a detail schedule of core base Building finish items such as, but not limited to, carpets, doors, hardware, ceiling grids/tiles, lavatory fixtures, light fixtures, window blinds, lobby finishes and paint/wall coverings (collectively, the "Landlord's Plans") shall be prepared by Landlord, at its sole cost and expense. Landlord and Tenant agree to work together with Landlord's architect, Symmes Maini and McKex Xxxociates, Inc. in order to achieve a design that meets the standard set forth below. Furthermore, Landlord agrees to use good faith and diligent efforts to deliver the Landlord's Plans to Tenant on or before May 1, 2000. Upon receipt, Tenant shall have seven (7) business days to comment upon the Landlord's Plans. Landlord and Tenant shall use reasonable efforts to reach agreement on the Landlord's Plans as soon thereafter as possible. In reaching agreement, Landlord and Tenant shall each approve portions of the Landlord's Plans that are in acceptable form and shall note their respective objections to the portions that are unacceptable to each of them so as to enable Landlord to continue construction and order materials in a timely manner. In the event that Landlord's Plans conform with the PBBP, but Tenant does not approve the Landlord's Plans within seven (7) business days of receipt thereof from Landlord, then the Outside Delivery Date (as hereinafter defined) shall be extended for a number of days equal to the number of Tenant Plan Delay Days, as such term is hereinafter defined. The number of Tenant Plan Delay Days are defined as and shall be calculated by determining the actual number of days as certified by Landlord and its architect that the Term Commencement Date was delayed by such Tenant's failure to approve the Landlord's Plans within the required seven (7) business days. Landlord agrees to provide Tenant with written notice of such determination, such notice to include reasonable detail describing the cause of the delay and the number of Tenant Plan Delay Days as certified by Landlord and its architect. If Tenant and Tenant's Architect (as hereinafter defined)

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • Construction of Project Purchaser shall (i) perform the Final Assembly Work which is set forth in Exhibit P hereto, (ii) perform all civil works (including roads, grading, maintenance facilities, meteorological towers and other items); (iii) perform all electrical works (including collection lines, Electrical Infrastructure, Transmission Facilities, Interconnection Facilities and other items); (iv) provide and install a remote terminal unit and cabling to the Substation, meteorological towers, and communications lines for the SCADA System to the Substation; and (v) provide any other items required for the operation of the Project; and

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Legal Construction In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforceable term, provision, or agreement had never been contained herein.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.