Common use of Construction Agreements Clause in Contracts

Construction Agreements. All Material Construction Agreements shall include the following provisions: (a) [Contractor"]/["Subcontractor"]/"Materialman"] hereby agrees that immediately upon the purchase from ["contractor"]/["subcontractor"]/["materialman"] of any building materials to be incorporated in the Project [or other Improvements] (as such terms are defined in the lease pursuant to which the contract purchase hereunder acquired a leasehold interest in the property (the "Lease")), such materials shall become the sole property of the City (as defined in the Lease), notwithstanding that such materials have not been incorporated in, or made a part of, such Project [or other Improvements] at the time of such purchase; provided, however, that neither the City nor Landlord (as defined in the Lease) shall be liable in any manner for payment or otherwise to]/["subcontractor"]/["materialman"] in connection with the purchase of any such materials and neither the City nor Landlord nor Lease Administrator (as defined in the Lease) shall have any obligation to pay any compensation to ["contractor"]/["subcontractor"]/["materialman"] by reason of such materials becoming the sole property of the City." (b) [Contractor"]/["Subcontractor"]/["Materialman"] hereby agrees that notwithstanding that ["contractor"]/["sub-contractor"]/["materialman"] performed work at or furnished any materials for the Premises (as such term is defined in the Lease) or any part thereof, neither the City nor Landlord nor Lease Administrator shall be liable in any manner for payment or otherwise to ["contractor"]/ ["subcontractor"]/["materialman"] in connection with the work performed at or materials furnished for the Premises. (c) [Contractor"]/["Subcontractor"]/["Materialman"] hereby agrees to make available for inspection by ["contractor's"]/ [the City, Landlord and Lease Administrator, during reasonable business hours, ["subcontractor's"]/["materialman's"] books and records relating to Construction Work (as defined in the Lease) being performed or the acquisition of any material or Equipment (as such term is defined in the Lease) furnished for the Premises. (d) All covenants, representations, guarantees and warranties of ["contractor"]/["subcontractor"]/["materialman"] hereunder shall if this contract is taken over by the [Landlord or Lease Administrator] be deemed to be made for the benefit of said Landlord under the Lease and shall be enforceable against ["contractor"]/["subcontractor"]/["material- man"] by said Landlord or Lease Administrator." (e) The City, Landlord and Lease Administrators are not parties to any Construction Agreement and will not in any way be responsible to any party for any claims of any nature whatsoever arising or which may arise from such ["agreement"] unless Landlord shall take over such ["agreement"] and then only as to claims arising after this ["agreement"] is so taken over."

Construction Agreements. All Material Construction Agreements construction agreements valued at One Hundred Thousand Dollars ($100,000) or more shall include the following provisions: (a) [Contractor"]/["Subcontractor"]/"Materialman"Contractor" / "Subcontractor" / "Materialman"] hereby agrees that immediately upon the purchase from by ["contractor"]/["subcontractor"]/["materialmancontractor" / "subcontractor" / "materialman"] of any building materials to be incorporated in the Project [or other Improvements] Property (as such terms are defined in the lease pursuant to which the contract purchase hereunder acquired a leasehold interest in the property Agreement of Lease, dated ____ __, 2001, between Owner and 42nd St. Development Project, Inc. (the "Lease")), such materials shall become the sole property of the City Landlord (as defined in the Lease), notwithstanding that such materials have not been incorporated in, or made a part of, such Project [or other Improvements] Property at the time of such purchase; providedPROVIDED, howeverHOWEVER, that neither the City nor Landlord (as defined in the Lease) shall not be liable in any manner for payment or otherwise to]/["subcontractor"]/["materialmanto ["contractor" / "subcontractor" / "materialman"] in connection with the purchase of any such materials materials, and neither the City nor Landlord nor Lease Administrator (as defined in the Lease) shall have any no obligation to pay any compensation to ["contractor"]/["subcontractor"]/["materialmancontractor" / "subcontractor" / "materialman"] by reason of such materials becoming the sole property of the CityLandlord." (b) [Contractor"]/["Subcontractor"]/["Materialman"Contractor" / "Subcontractor" / "Materialman"] hereby agrees that notwithstanding that ["contractor"]/["sub-contractor"]/["materialmancontractor" / "subcontractor" / "materialman"] performed work at or furnished any materials for the Premises Property (as such term is defined in the Lease) or any part thereof, neither the City nor Landlord nor Lease Administrator shall not be liable in any manner for payment or otherwise to ["contractor"]/ [contractor" / "subcontractor"]/["materialmansubcontractor" / "materialman"] in connection with the work performed at or materials furnished for the PremisesProperty. (c) [Contractor"]/["Subcontractor"]/["Materialman"Contractor" / "Subcontractor" / "Materialman"] hereby agrees to make available for inspection by ["contractor's"]/ [the City, Landlord and Lease AdministratorLandlord, during reasonable business hours, ["subcontractor's"]/["materialmancontractor's" / "subcontractor's" / "materialman's"] books and records relating to the Alterations / Construction Work / Condemnation Restoration / Restoration (as defined in the Lease) being performed or the acquisition of any material or Equipment (as such term is defined in equipment to be incorporated into the Lease) furnished for the PremisesProperty. (d) All covenants, representations, guarantees and warranties of The Landlord is not party to this ["contractor"]/["subcontractor"]/["materialmancontract" / "agreement"] hereunder shall if this contract is taken over by the [Landlord or Lease Administrator] be deemed to be made for the benefit of said Landlord under the Lease and shall be enforceable against ["contractor"]/["subcontractor"]/["material- man"] by said Landlord or Lease Administrator." (e) The City, Landlord and Lease Administrators are not parties to any Construction Agreement and will not in any no way be responsible to any party for any claims of any nature whatsoever arising or which may arise from such ["agreement"] unless Landlord shall take over such [contract" / "agreement"] ]. (e) All covenants, representations, guaranties and then only as to claims arising after this warranties of ["agreementcontractor" / "subcontractor" / "materialman"] is so taken overset forth in the preceding four paragraphs shall be deemed to be made for the benefit of the Landlord and shall be enforceable by the Landlord."

Construction Agreements. All Material Throughout the Term, all Construction Agreements shall will include the following provisions: (a) [Contractor"]/["Subcontractor"]/"Materialman"] hereby agrees that immediately upon the purchase from ["contractor"]/["subcontractor"]/["materialman"] of any building materials to be incorporated in the Project [or other Improvements] (as such terms are defined in the lease pursuant to which the contract purchase hereunder acquired a leasehold interest in the property (the "Lease")), such materials shall become the sole property of the City (as defined in the Lease), notwithstanding that such materials have not been incorporated in, or made a part of, such Project [or other Improvements] at the time of such purchase; provided, however, that neither the City nor Landlord (as defined in the Lease) shall will not unreasonably withhold its consent to any revisions to such language reasonably requested by a contractor or materialman: [“Contractor”]/[“Subcontractor”]/Materialman”] hereby agrees that Landlord will not be liable in any manner for payment or otherwise to]/["subcontractor"]/["materialman"to [“contractor”] /[“subcontractor”]/[“materialman”] in connection with the purchase of any such building materials for the Project and neither the City nor Landlord nor Lease Administrator (as defined in the Lease) shall will have any no obligation to pay any compensation to ["contractor"]/["subcontractor"]/["materialman"“contractor”] /(“subcontractor”)/[“materialman”] by reason of such materials becoming incorporated into the sole property of the City." (b) Project. [Contractor"]/["Subcontractor"]/["Materialman"“Contractor”]/[“Subcontractor”]/ [“Materialman”] hereby agrees that notwithstanding regardless of the fact that ["contractor"]/["sub-contractor"]/["materialman"“contractor”]/ [“subcontractor”]/[“materialman”] performed work at or furnished any materials for the Premises (as such term is defined in the Lease) or any part thereof, neither the City nor ; Landlord nor Lease Administrator shall be is not liable in any manner for payment or otherwise to ["contractor"]/ “contractor”]/ ["subcontractor"]/["materialman"“subcontractor”]/[“materialman”] in connection with the work performed at or materials furnished for the Premises. (c) [Contractor"]/["Subcontractor"]/["Materialman"] hereby agrees to make available for inspection by ["contractor's"]/ [the City, . Landlord and Lease Administrator, during reasonable business hours, ["subcontractor's"]/["materialman's"] books and records relating to Construction Work (as defined in the Lease) being performed or the acquisition will be a third-party beneficiary of any material or Equipment (as such term is defined in the Lease) furnished for the Premises. (d) All covenants, representations, all guarantees and warranties of ["contractor"]/["subcontractor"]/["materialman"“contractor”]/[“subcontractor”]/[“materialman”] hereunder shall if this contract is taken over by the [Landlord or Lease Administrator] be deemed to be made for the benefit of said Landlord under the Lease and shall such guarantees and warranties will be enforceable against ["contractor"]/["subcontractor"]/["material- man"“contractor”]/[“subcontractor”]/[“Materialman”] by said Landlord. Landlord or Lease Administrator." (e) The City, is not a party to this [“agreement”] [“contract”] nor will Landlord and Lease Administrators are not parties to any Construction Agreement and will not in any way be responsible to any party for any and or all claims of any nature whatsoever arising or which may arise from such ["“contract”] [“agreement"] unless Landlord shall take over such ["agreement"] and then only as to claims arising after this ["agreement"] is so taken over”]."’’

Construction Agreements. All Material Throughout the Term, all Construction Agreements shall include the following provisions: (a) [Contractor"]/["Subcontractor"]/"Materialman"] hereby agrees that immediately upon the purchase from ["contractor"]/["subcontractor"]/["materialman"] of any building materials to be incorporated in the Project [or other Improvements] (as such terms are defined in the lease pursuant to which the contract purchase hereunder acquired a leasehold interest in the property (the "Lease")), such materials shall become the sole property of the City (as defined in the Lease), notwithstanding that such materials have not been incorporated in, or made a part of, such Project [or other Improvements] at the time of such purchase; provided, however, that neither the City nor Landlord (as defined in the Lease) shall not unreasonably withhold its consent to any revisions to such language reasonably requested by a contractor or materialman: [“Contractor”]/[“Subcontractor”]/Materialman”] hereby agrees that Landlord shall not be liable in any manner for payment or otherwise to]/["subcontractor"]/["materialman"to [“contractor”] /[“subcontractor”]/[“materialman”] in connection with the purchase of any such building materials for the Project and neither the City nor Landlord nor Lease Administrator (as defined in the Lease) shall have any no obligation to pay any compensation to ["contractor"]/["subcontractor"]/["materialman"“contractor”] /(“subcontractor”)/[“materialman”] by reason of such materials becoming incorporated into the sole property of the City." (b) Project. [Contractor"]/["Subcontractor"]/["Materialman"“Contractor”]/[“Subcontractor”]/ [“Materialman”] hereby agrees that notwithstanding regardless of the fact that ["contractor"]/["sub-contractor"]/["materialman"“contractor”]/ [“subcontractor”]/[“materialman”] performed work at or furnished any materials for the Premises (as such term is defined in the Lease) or any part thereof, neither the City nor ; Landlord nor Lease Administrator shall be is not liable in any manner for payment or otherwise to ["contractor"]/ “contractor”]/ ["subcontractor"]/["materialman"“subcontractor”]/[“materialman”] in connection with the work performed at or materials furnished for the Premises. (c) [Contractor"]/["Subcontractor"]/["Materialman"] hereby agrees to make available for inspection by ["contractor's"]/ [the City, . Landlord and Lease Administrator, during reasonable business hours, ["subcontractor's"]/["materialman's"] books and records relating to Construction Work (as defined in the Lease) being performed or the acquisition shall be a third party beneficiary of any material or Equipment (as such term is defined in the Lease) furnished for the Premises. (d) All covenants, representations, all guarantees and warranties of ["contractor"]/["subcontractor"]/["materialman"“contractor”]/[“subcontractor”]/[“materialman”] hereunder shall if this contract is taken over by the [Landlord or Lease Administrator] be deemed to be made for the benefit of said Landlord under the Lease and such guarantees and warranties shall be enforceable against ["contractor"]/["subcontractor"]/["material- man"“contractor”]/[“subcontractor”]/[“Materialman”] by said Landlord. Landlord or Lease Administrator." (e) The City, is not a party to this [“agreement”] [“contract”] nor will Landlord and Lease Administrators are not parties to any Construction Agreement and will not in any way be responsible to any party for any and or all claims of any nature whatsoever arising or which may arise from such ["“contract”] [“agreement"] unless Landlord shall take over such ["agreement"] and then only as to claims arising after this ["agreement"] is so taken over”]."’’