Common use of Compliance with Plans and Specifications Clause in Contracts

Compliance with Plans and Specifications. If the Lender or the Lessor should at any time determine that any part of the work performed on, or materials incorporated into, any Improvements does not comply in any material respect with the related Plans and Specifications, whether or not the Development Cost of any such work or materials shall have been included in a Funding Requisition theretofore made, then neither the Lender nor the Lessor shall have any obligation to make any further Advances until such work is corrected, or material is changed, to comply with such Plans and Specifications and the Lender and the Lessor have received satisfactory evidence to them of such change and compliance, and Lender and the Lessor shall respectively have the right to offset against the amount of any subsequent Advance the cost of the nonconforming work or materials included in prior Fundings. Notwithstanding the foregoing, the Lender and the Lessor shall continue to make Advances for other work and materials if, prior to the determination by the Lender or the Lessor of such nonconformance, the Lessee and/or the Architect therefor have previously made a similar determination, and the Lessee has delivered to the Lender and the Lessor evidence reasonably satisfactory to the Lender and the Lessor that the General Contractor therefor has agreed to correct such work or to change such materials without requesting an Advance for the cost thereof, and the General Contractor diligently pursues such work and changes to completion within 90 days after the determination of the need for corrective action;

Compliance with Plans and Specifications. If the Lender or the Lessor should at any time determine that any part of the work performed on, or materials incorporated into, any the Improvements does not comply in any material respect with the related Plans and Specifications, whether or not the Development Cost of any such work or materials shall have been included in a Funding Requisition theretofore made, then neither the Lender nor the Lessor shall have any obligation to make any further Advances until such work is corrected, or material is changed, to comply with such the Plans and Specifications and the Lender and the Lessor have received satisfactory evidence to them of such change and compliance, and Lender and the Lessor shall respectively have the right to offset against the amount of any subsequent Advance the cost of the nonconforming work or materials included in prior Fundings. Notwithstanding the foregoing, the Lender and the Lessor shall continue to make Advances for other work and materials if, prior to the determination by the Lender or the Lessor of such nonconformance, the Lessee and/or the Architect therefor have previously made a similar determination, and the Lessee has delivered to the Lender and the Lessor evidence reasonably satisfactory to the Lender and the Lessor that the General Contractor therefor has agreed to correct such work or to change such materials without requesting an Advance for the cost thereof, and the General Contractor diligently pursues such work and changes to completion within 90 days after the determination of the need for corrective action;

Compliance with Plans and Specifications. If the Lender or the Lessor should at any time determine that any part of the work performed on, or materials incorporated into, any Improvements does not comply in any material respect with the related Plans and Specifications, whether or not the Development Cost Property Costs of any such work or materials shall have been included in a Funding Requisition theretofore made, then neither the Lender nor the Lessor shall have any obligation to make any further Advances until such work is corrected, or material is changed, to comply with such Plans and Specifications and the Lender and the Lessor have received satisfactory evidence to them of such change and compliance, and Lender and the Lessor shall respectively have the right to offset against the amount of any subsequent Advance the cost of the nonconforming work or materials included in prior Fundings. Notwithstanding the foregoing, the Lender and the Lessor shall continue to make Advances for other work and materials if, prior to the determination by the Lender or the Lessor of such nonconformance, the Lessee and/or the Architect therefor have previously made a similar determination, and the Lessee has delivered to the Lender and the Lessor evidence reasonably satisfactory to the Lender and the Lessor that the General Contractor therefor has agreed to correct such work or to change such materials without requesting an Advance for the cost thereof, and the General Contractor diligently pursues such work and changes to completion within 90 days after the determination of the need for corrective action;

Compliance with Plans and Specifications. If the Lender or the Lessor should at any time determine that any part of the work performed on, or materials incorporated into, any Improvements does not comply in any material respect with the related Plans and Specifications, whether or not the Development Cost of any such work or materials shall have been included in a Funding Requisition theretofore made, then Lender or Lesser, as the case may be, shall give notice thereof to the Lessee and neither the Lender nor the Lessor shall have any obligation to make any further Advances until such work is corrected, or material is changed, to comply with such Plans and Specifications and the Lender and the Lessor have received satisfactory evidence to them of such change and compliance, and Lender and the Lessor shall respectively have the right to offset against the amount of any subsequent Advance the cost of the nonconforming work or materials included in prior Fundings. Notwithstanding the foregoing, the Lender and the Lessor shall continue to make Advances for other work and materials if, prior to the determination by the Lender or the Lessor of such nonconformance, the Lessee and/or the Architect therefor have previously made a similar determination, and the Lessee has delivered to the Lender and the Lessor evidence reasonably satisfactory to the Lender and the Lessor that the General Contractor therefor has agreed to correct such work or to change such materials without requesting an Advance for the cost thereof, and the General Contractor diligently pursues such work and changes to completion within 90 days after the determination of the need for corrective action;