Construction Matters Clause Samples
The "Construction Matters" clause defines how the terms and language of the contract should be interpreted and understood by the parties involved. Typically, this clause clarifies that headings are for convenience only and do not affect the meaning of the provisions, and it may specify that singular terms include the plural and vice versa, or that certain words have specific meanings throughout the agreement. By establishing clear rules for interpretation, this clause helps prevent disputes over ambiguous language and ensures that the contract is applied consistently and as intended by both parties.
Construction Matters. Without limitation of Lender’s rights and Borrower’s Obliga-tions set forth elsewhere in the Loan Documents, Borrower shall: (1) cause the Restoration and all other Construction to proceed with reasonable diligence and continuously, with sufficient workers employed and sufficient materials supplied for that purpose so that the applicable Construction is substantially completed by the applicable Required Completion Date, or, if no Required Completion Date is applicable, as promptly as reasonably practicable or, in the case of Restoration, the Restoration is Substantially Completed prior to the Required Restoration Date; (2) cause all Construction to be performed in accordance with the applicable Plans and Specifications or plans and specifications for the work in question, in substantial conformity with the Legal Requirements, the requirements of all insurers and fire underwriters, and with the requirements set forth herein and in the other Loan Documents, in compliance with the Material Contracts and in a good, safe and workmanlike manner; (3) cause all materials acquired or furnished in connection with the Construction and Restoration to be new and stored under adequate safeguards to minimize the possibility of loss, theft, damage or commingling with other materials or projects; (4) utilize, or permit utilization of, only contractors approved by Lender (such approval not to be unreasonably withheld, conditioned or delayed); (5) not permit the revision of Plans and Specifications without consent of Lender (not to be unreasonably withheld, conditioned or delayed); and (6) from time to time upon the reasonable request of Lender deliver to Lender such certificates and other documentation confirming the matters set forth in the preceding clauses (1) through (5). Promptly upon the giving or receipt of such notice, Borrower shall forward to Lender copies of all material written notices given or received by, or on behalf of, Borrower with respect to the Construction to or from: (x) Contractor or any subcontractor or material supplier, or any of the design professionals (including notices relating to any nonconforming construction, any refusal or inability to pay or perform pursuant to the terms of any contract or other agreement or any delay, default or change order) or (y) any claim of default, or relating to any work stoppage, notice of violation or cease and desist order, stop order, construction liens, strike, claim, litigation, damage, loss or any other mate...
Construction Matters d) Subject to Schedule “H” attached hereto the Purchaser acknowledges that the Purchase Price has been calculated on the basis of the Vendor receiving the full benefit of the Rebate in an amount applicable as of the date of execution of this Agreement. If the Vendor does not receive the benefit of the Rebate, whether or not as a result of the Purchaser’s acts or omissions, the Purchase Price shall be increased by the amount of the Rebate not received.
e) The Purchaser agrees to pay as an Adjustment on the Closing Date the GST/HST exigible on any Adjustments to the Purchase Price credited to the Vendor on the Adjustments.
Construction Matters. Except as has not had and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, (i) the land, homes and other improvements sold by the Company and the Company Subsidiaries have at all times during the period of time in which the Company or the Company Subsidiaries have owned such land, homes and other improvements, complied with all applicable building codes, zoning, land use, environmental Laws or similar Laws then in effect, (ii) there are no pending vendor recalls of which the Company has been notified or otherwise is aware of products incorporated in homes or other improvements built by the Company or the Company Subsidiaries, and (iii) neither the Company nor any of the Company Subsidiaries is the subject of any recalls or recall notices from any product safety commissions regarding products incorporated in homes or other improvements built by the Company or the Company Subsidiaries.
Construction Matters. (i) Certificates from the Architect, the General Contractor and, if required by the Administrative Agent, the Construction Consultant, certifying that the Improvements (including any off-site improvements) have been completed substantially in accordance with, and as completed comply with, the Plans and all Applicable Laws; and
(ii) Two (2) sets of detailed "as built" Plans approved in writing by the Borrower, the Architect, the General Contractor and, if required by the Administrative Agent, the Construction Consultant.
Construction Matters. The Purchaser agrees to meet the Vendor’s representative at the time designated by the Vendor prior to the Closing Date, to inspect the Property and to list all items remaining uncompleted at the time of such inspection together with all mutually agreed deficiencies with respect to the Property, on the Tarion Warranty Corporation (formerly the ONHWP) Certificate of Completion and Possession, in the form prescribed from time to time by, and required to be completed pursuant to the provisions of the Ontario New Home Warranties Plan Act, as amended, and the regulations made pursuant thereto (hereinafter referred to as “Tarion”). The said certificate shall be executed by both the Purchaser and the Vendor’s representative forthwith after such inspection, and THE SAID CERTIFICATE SHALL CONSTITUTE THE VENDOR’S ONLY UNDERTAKING WITH RESPECT TO INCOMPLETE OR DEFICIENT WORK.
Construction Matters. Except as would not have and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, (i) the land, homes and other improvements sold by the Group Company have at all times during the period of time in which the Group Company has owned such land, homes and other improvements, complied with all applicable building codes, zoning, land use, Environmental Laws or similar Laws then in effect, (ii) there are no pending vendor recalls of which the Company has been notified or otherwise is aware of products incorporated in homes or other improvements built by any Group Company, and (iii) no Group Company is the subject of any recalls or recall notices from any product safety commissions regarding products incorporated in homes or other improvements built by any Group Company.
Construction Matters. CONSTRUCTION AND OCCUPANCY OF DWELLING:
(a) The Vendor will construct (if not already constructed) and complete upon the Property a dwelling (the "Dwelling") of the type hereinbefore indicated substantially in accordance with the plans and specifications available for viewing by the Purchaser at the Vendor’s sales office. Notwithstanding anything else herein contained, if for any reason except for the wilful neglect of the Vendor the Dwelling is not completed, utility services are not operative, the Planning Act has not been complied with, or the Dwelling has not been approved for occupancy by the Municipality on or before the Closing Date, the Purchaser agrees to grant and hereby grants such extension or extensions of time for completion of the foregoing as may be required by the Vendor and, subject to the provisions of the Addendum, the Closing Date shall be extended accordingly. Subject to the foregoing, if the Dwelling is not completed on or before the original or the extended closing date, or the said Dwelling type cannot be sited or built in accordance with the requirements of any governmental authority, this Agreement shall be considered as frustrated in accordance with clause 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder. The Purchaser acknowledges that construction of the Dwelling is subject to the Vendor’s overall construction schedule within the subdivision and that an extension of the Closing Date due to commencement of any phase of construction of the Dwelling at a date other than the earliest possible date shall not constitute or be deemed wilful neglect. The Vendor may, at its option, delay the Closing Date for one (1) business day if the Purchaser is not ready to close without payment of delayed closing compensation. The Dwelling shall be deemed to be completed when all interior work has been substantially completed as determined by the Vendor, and the Purchaser agrees in such case, provided the Municipality has approved the Dwelling for occupancy and the Vendor has provided the evidence required by Tarion, to close this transaction, without holdback of any part of the Purchase Price, on the Vendor’s undertaking to complete the Dwelling. The Purchaser hereby agrees to accept the Vendor's covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers, in full sati...
Construction Matters. Except as would not have and would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect, (i) the land, homes and other improvements sold by Parent and the Parent Subsidiaries have at all times during the period of time in which Parent or the Parent Subsidiaries have owned such land, homes and other improvements, complied with all applicable building codes, zoning, land use, Environmental Laws or similar Laws then in effect, (ii) there are no pending vendor recalls of which Parent has been notified or otherwise is aware of products incorporated in homes or other improvements built by Parent or the Parent Subsidiaries, and (iii) neither Parent nor any of the Parent Subsidiaries is the subject of any recalls or recall notices from any product safety commissions regarding products incorporated in homes or other improvements built by Parent or the Parent Subsidiaries.
Construction Matters. 3- 4.8 PERMITS . . . . . . . . . . . . . . . . . . . . . -3- 4.9 LITIGATION . . . . . . . . . . . . . . . . . . . . -3- 4.10 OTHER CONDITIONS . . . . . . . . . . . . . . . . . -3- 5.
Construction Matters. 54 5.13 Delivery of Plans, Budget and Timetable....................................................55