Common use of Construction Obligations Clause in Contracts

Construction Obligations. The City’s obligation to provide service in any part of the Pioneer Pointe Service Area shall be conditioned upon the complete and satisfactory construction of the sanitary sewer mains, related manholes and other sanitary sewer related facilities necessary to serve the Pioneer Pointe Service Area (collectively the “Sewer Facilities”) as provided herein and pursuant to plans approved by the City. The construction of the Sewer Facilities shall be the responsibility of the Town or the Developer and the City shall not be obligated to pay any part of the cost thereof. It is the intent of the parties that the City is not required to incur any unreimbursed costs for the initial planning, permitting, construction and connection of the Sewer Facilities. Where this Agreement allocates responsibility to the Town for construction, payment of any costs or other requirements related to the Sewer Facilities (the “Sewer-Related Obligations”), the parties acknowledge that the Town intends to assign that responsibility to the Developer through a separate development agreement between the Town and the Developer (the “Development Agreement”). Upon approval of the Development Agreement by the City, the Town shall have no further obligation for any Sewer-Related Obligations except as specifically set forth therein. The Development Agreement shall include surety provisions, giving the Town or the City recourse in the event of non-performance by the Developer to ensure completion of the improvements and payment of any amounts due to the Town or City under this Agreement. The Development Agreement shall designate the City as a third-party beneficiary thereof with respect to those provisions applicable to the Sewer Facilities, including the right to enforce the same. The obligations for construction of the Sewer Facilities contained herein are intended only as preconditions to the provision of City sanitary sewer service in the Pioneer Pointe Service Area by the City and does not constitute an affirmative obligation of the Town or the City. In the event the Sewer Facilities in any phase are constructed, but not in accordance with the provisions hereof, the City shall be entitled to refuse to extend sanitary sewer service through such facilities until the requirements have been met. Alternatively, the City may decide to make the necessary repairs or improvements to the constructed Sewer Facilities and specially assess the benefited properties as provided for in Section 9.

Construction Obligations. The City’s obligation to provide service in any part of 1. Tenant shall administer the Pioneer Pointe Service Area shall be conditioned upon the complete and satisfactory construction of the sanitary sewer mains, related manholes and other sanitary sewer related facilities necessary to serve the Pioneer Pointe Service Area (collectively the “Sewer Facilities”) as provided herein and pursuant to plans approved by the City. The construction of the Sewer Facilities shall be the responsibility of the Town or the Developer and the City shall not be obligated to pay any part of the cost thereof. It is the intent of the parties that the City is not required to incur any unreimbursed costs for the initial planning, permitting, construction and connection of the Sewer Facilities. Where this Agreement allocates responsibility to the Town for construction, payment of any costs or other requirements related to the Sewer Facilities (the “Sewer-Related Obligations”), the parties acknowledge that the Town intends to assign that responsibility to the Developer through a separate development agreement between the Town and the Developer (the “Development Agreement”). Upon approval of the Development Agreement by the City, the Town shall have no further obligation for any Sewer-Related Obligations except as specifically set forth therein. The Development Agreement shall include surety provisions, giving the Town or the City recourse in the event of non-performance by the Developer to ensure completion of the improvements and payment of any amounts Initial Improvements with due to the Town or City under this Agreement. The Development Agreement shall designate the City as a third-party beneficiary thereof with respect to those provisions applicable to the Sewer Facilities, including the right to enforce the same. The obligations for construction of the Sewer Facilities contained herein are intended only as preconditions to the provision of City sanitary sewer service in the Pioneer Pointe Service Area by the City and does not constitute an affirmative obligation of the Town or the City. In the event the Sewer Facilities in any phase are constructed, but not diligence in accordance with the provisions hereofapproved Tenant Working Drawings labeled by Tenant as "issued for construction" and otherwise in accordance with standards applicable to Comparable Buildings. The Initial Improvements shall be constructed by the General Contractor, with the understanding that the General Contractor shall have the right to have all or any portion of the Initial Improvements performed by one or more subcontractors. Tenant shall cause to be prepared all drawings necessary for submission to the Department of Buildings, City of Houston (or other applicable Governmental Authority) in connection with the issuance of a building permit for the Initial Improvements. Tenant shall cause the General Contractor to file for and obtain such building permit. Landlord agrees to reasonably cooperate with Tenant, at Tenant's sole cost and expense, in connection with its application for such building permit, including, without limitation, execution of any documents requiring Landlord's signature with respect thereto. 2. Landlord and Tenant shall each designate a person who shall serve as its representative during construction. Tenant's representative shall provide administration of the Initial Improvements, and all instructions to Tenant shall be directed by Landlord's representative to Tenant's representative. 3. Tenant shall at its sole cost and expense, pay all costs of performing the Initial Improvements, including all taxes, insurance, permitting, application fees and expenses related thereto without any additional charge by Landlord or Landlord's property manager except as otherwise provided under the Lease. 4. Tenant may make changes in the Initial Improvements by submitting a signed change request accompanied by the required revised Tenant Working Drawings. Within 10 Business Days after Landlord's receipt of the signed change authorization and revised Tenant Working Drawings from Tenant, Landlord shall notify Tenant if such changes are approved, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord has not notified Tenant of its approval or disapproval of such changes within such 10 Business Day period, and provided that such request for approval expressly includes the following text in BOLD CAPITAL LETTERING "LANDLORD'S APPROVAL OF THE ATTACHED TENANT WORKING DRAWINGS SHALL BE DEEMED APPROVED IF LANDLORD DOES NOT RESPOND TO THIS REQUEST WITHIN 10 BUSINESS DAYS HEREOF", then the revised Tenant Working Drawings shall be deemed approved as submitted to Landlord. If Landlord discovers a conflict between the Tenant Working Drawings and the plans and specifications for the Building, then Landlord shall notify Tenant. Tenant shall thereupon resolve said conflict (with any changes to the Initial Improvements required thereby being governed by this Section 4, and any delays in completing the Initial Improvements due to said conflict constituting a Tenant Delay in accordance with Section 6 below). Tenant shall be responsible for all directions given to the General Contractor by the Tenant Architect, Tenant's representative or any of Tenant's consultants. After submission to Landlord of the Tenant Working Drawings labeled by Tenant as "issued for construction", no change or addition made by Tenant in the Initial Improvements shall be taken into account for purposes of determining the date that the substantial completion of the Initial Improvements occurs, and each such change or addition shall (to the extent that it extends the time of completion of Initial Improvements) constitute a Tenant Delay. 5. Not later than ten (10) Business Days prior to substantial completion of the Initial Improvements, Tenant shall cause the Tenant Architect to prepare a final "punch list" which identifies (a) incomplete construction, and (b) construction completed which is inconsistent with the approved Tenant Working Drawings labeled by Tenant as "issued for construction" and provide Landlord with said list, and Tenant shall thereafter complete or cause to be completed the work properly shown on said list with reasonable diligence. 6. The Initial Improvements shall be deemed to be substantially complete on the date that the Initial Improvements would have been substantially complete but for the occurrence of Tenant Delays. As used herein, the City shall be entitled to refuse to extend sanitary sewer service through such facilities until term "Tenant Delay" means any delay of the requirements have been met. Alternativelynature expressly described herein, and any delay which Landlord may encounter in the City may decide to make performance of Landlord's obligations in respect of the necessary repairs performance of the Initial Improvements by reason of any act or improvements omission of any nature of Tenant, its agents or contractors, including, without limitation, delay in the submissions of information on or before the dates specified in Part I above; delays by Tenant in submission of information or giving authorizations or approvals; delays due to the constructed Sewer Facilities postponement of any Initial Improvements at the request of Tenant; provided, however, that no such delay shall constitute a Tenant Delay if Tenant, using reasonable prudence and specially assess diligence, but without additional expense, could not avoid such delay, and no such delay shall constitute Tenant Delay unless such delay occurs, or if it has already occurred to the benefited properties as provided for in Section 9extent it occurs, after Tenant gives Landlord notice of the occurrence or possible occurrence thereof and of Tenant's estimate of the period of such delay.

Construction Obligations. The City’s obligation to provide service (a) Tenant shall improve the Grass Parking Lot by providing curbing, landscaping, wood railroad ties, but not paving or striping (“Tenant Grass Parking Lot Improvements”); provided in any part of the Pioneer Pointe Service Area no event shall be conditioned upon the complete and satisfactory construction of the sanitary sewer mains, related manholes and other sanitary sewer related facilities necessary to serve the Pioneer Pointe Service Area (collectively the “Sewer Facilities”) as provided herein and pursuant to plans approved by the City. The construction of the Sewer Facilities shall be the responsibility of the Town or the Developer and the City shall not Tenant be obligated to pay expended more than $250,000 in connection with the Grass Parking Lot Improvements. Except with respect to the Tenant Grass Parking Lot Improvements, in no event shall Tenant be obligated to perform any part construction at the Premises, including without limitation, the Building Construction and, accordingly and for the avoidance of doubt, Section 2 of the cost thereofFirst Amendment is hereby deleted in its entirety. It is Landlord grants Tenant an irrevocable license to access the intent of Grass Parking Lot to perform the parties that the City is not required to incur any unreimbursed costs for the initial planning, permitting, construction Tenant Grass Parking Lot Improvements. (b) Tenant shall improve with Playground Area with playground improvements and connection of the Sewer Facilities. Where this Agreement allocates responsibility to the Town for construction, payment of any costs or other requirements related to the Sewer Facilities equipment (the “Sewer-Related Obligations”), the parties acknowledge that the Town intends to assign that responsibility to the Developer through a separate development agreement between the Town and the Developer (the “Development AgreementTenant Playground Improvements”). Upon approval of the Development Agreement by the City, the Town shall have no further obligation for any Sewer-Related Obligations except as specifically set forth therein. The Development Agreement shall include surety provisions, giving the Town or the City recourse in the event of non-performance by the Developer to ensure completion of the improvements Tenant Playground Improvements, Tenant shall thereafter maintain the Tenant Playground Improvements in good and payment working order. (c) Landlord shall not contribute to the costs of any amounts due construction performed by Tenant under the Lease, including without limitation, the Tenant Grass Parking Lot Improvements and Tenant Playground Improvements, nor shall Landlord reimburse Tenant for any work performed by tenant under this Lease, including without limitation, the Tenant Grass Parking Lot Improvements and Tenant Playground Improvements. Tenant shall be solely responsible to obtain all governmental permits and zoning approvals that are required for any construction at the Premises. (d) Tenant, its subtenants, its licensees, and/or their respective contractors and subcontractors, if any, shall and will be required to conform to the Town or City under this Agreement. The Development Agreement shall designate the City as a third-party beneficiary thereof with respect to those provisions applicable to the Sewer Facilities, including the right to enforce the same. The obligations for construction labor laws of the Sewer Facilities contained herein are intended only as preconditions to State of New Jersey and the provision of City sanitary sewer service in the Pioneer Pointe Service Area by the City various acts and does not constitute an affirmative obligation of the Town or the City. In the event the Sewer Facilities in any phase are constructedamendatory and supplemental thereto, but not and, if applicable, in accordance with the provisions hereofNew Jersey Department of Labor and Industry Prevailing Wage Rate Determination. If it is determined that the New Jersey’s Prevailing Wage Statute, N.J.S.A. 34:11-56.25 et seq. is applicable to the proposed construction, then the rate of wages for all laborers employed by Tenant, its subtenants, its licensees, and/or their respective contractors and subcontractors, if any, shall not be less that the prevailing rate so established for work to be performed under the terms of the Lease and a copy of the Determination of the Wage and Hour Bureau or other documents specifying the prevailing wages is considered as incorporated by reference as part of the Lease. Tenant specifically agrees, without any reservation, to defend, indemnify and hold Landlord and its commissioners, appointed officials, employees, and agents harmless as to any and all claims, actions, causes of action, proceedings, suits, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, attorney’s fees, liability, judgments, claims and demands of whatever nature, in law or in equity, direct or indirect, made by any person or entity alleging a violation of pursuant to any labor law of the State of New Jersey and the various acts and amendatory and supplemental thereto, including, but not limited to, the City shall be entitled to refuse to extend sanitary sewer service through such facilities until the requirements have been met. AlternativelyNew Jersey’s Prevailing Wage Statute, the City may decide to make the necessary repairs or improvements to the constructed Sewer Facilities and specially assess the benefited properties as provided for in Section 9N.J.S.A. 34:11-56.25 et seq.

Construction Obligations. The City(A) Prior to Delivery of Possession, Landlord shall construct, at its expense, the improvements to the Premises described in Exhibit C attached hereto and made a part hereof consistent with plans and specifications approved by Tenant. Landlord shall perform any additional work not required to be performed by Tenant under this Lease in order for Landlord to obtain a permanent certificate of occupancy for the Premises, whether such work relates to the Premises (other than Tenant’s obligation to provide service in any part Work) or other portions of the Pioneer Pointe Service Area Shopping Center. All work described in this Lease for which Landlord is responsible may be collectively referred to herein as "Landlord's Work." Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately fourteen (14) days prior to the Anticipated Delivery Date to ascertain the status of Landlord's Work. (B) After Delivery of Possession, Tenant shall construct, at its expense, improvements to the Premises necessary to operate the Premises in accordance with the Permitted Use and approved by Landlord in accordance with Section 3.2. All work described in this Lease for which Tenant is responsible may be collectively referred to herein as "Tenant's Work." (C) Landlord's Work and Tenant's Work shall be conditioned upon the complete performed (i) in a good and satisfactory construction of the sanitary sewer mains, related manholes workmanlike manner and other sanitary sewer related facilities necessary to serve the Pioneer Pointe Service Area (collectively the “Sewer Facilities”) as provided herein in accordance with plans and pursuant to plans specifications approved by the Cityother party, which approval shall not be unreasonably withheld or delayed, and (ii) in compliance with Legal Requirements. The construction Tenant shall have the right to select the contractors and subcontractors of its choice for Tenant's Work, and Landlord shall have no right to review or approve Tenant's contractors or subcontractors. Tenant and Tenant's agents (including its general contractor and subcontractors) shall not be required to post any type of security or performance bond or other security in connection with alterations or other work at the Landlord’s Parcel. Tenant and Tenant's agents shall not be required to pay or reimburse Landlord or Landlord's agents for any backcharges, fees, deposits, expenses or other costs in connection with the review or approval of Tenant's Work, Landlord's Work, alterations, or any plans relating thereto. Promptly upon Tenant's request, Landlord shall deliver to Tenant a copy of the Sewer Facilities most recent construction schedule for its work on the Premises. Landlord shall be thereafter promptly notify Tenant of any material changes to the responsibility construction schedule until Delivery of Possession. Subject to the Town or REOAs, for up to thirty (30) days before the Developer and the City Anticipated Delivery Date until Tenant’s opening, Tenant may, but shall not be obligated to pay any part of to, place a temporary 4'x8' “Coming Soon” free-standing sign on the cost thereof. It is the intent of the parties that the City is not required to incur any unreimbursed costs for the initial planning, permitting, construction and connection of the Sewer Facilities. Where this Agreement allocates responsibility Shopping Center closest to the Town for construction, payment of any costs largest public street or other requirements related to highway abutting the Sewer Facilities (the “Sewer-Related Obligations”), the parties acknowledge that the Town intends to assign that responsibility to the Developer through a separate development agreement between the Town Shopping Center at Tenant’s sole cost and the Developer (the “Development Agreement”). Upon approval of the Development Agreement by the City, the Town shall have no further obligation for any Sewer-Related Obligations except as specifically set forth therein. The Development Agreement shall include surety provisions, giving the Town or the City recourse in the event of non-performance by the Developer to ensure completion of the improvements expense and payment of any amounts due to the Town or City under this Agreement. The Development Agreement shall designate the City as a third-party beneficiary thereof with respect to those provisions applicable to the Sewer Facilities, including the right to enforce the same. The obligations for construction of the Sewer Facilities contained herein are intended only as preconditions to the provision of City sanitary sewer service in the Pioneer Pointe Service Area by the City and does not constitute an affirmative obligation of the Town or the City. In the event the Sewer Facilities in any phase are constructed, but not in accordance with the provisions hereof, the City shall be entitled to refuse to extend sanitary sewer service through such facilities until the requirements have been metall Legal Requirements. Alternatively, the City may decide to make the necessary repairs or improvements Subject to the constructed Sewer Facilities REOAs, from the date on which Tenant commences Tenant’s Work until Tenant’s opening, Tenant may, but shall not be obligated to, place a temporary 20' x 20' “Coming Soon” banner over the exterior at Tenant’s sole cost and specially assess expense and in accordance with all Legal Requirements. Subject to the benefited properties as provided REOAs, from Tenant’s opening until one hundred twenty (120) days thereafter, Tenant may, but shall not be obligated to, place a temporary 20' x 20' “Now Open” banner over the exterior at Tenant’s sole cost and expense and in accordance with all Legal Requirements. (D) Landlord represents and warrants to Tenant that the Premises are zoned for in Section 9the Permitted Use.