Construction of Additional Improvements. Borrower shall diligently and without delay pursue construction of the Additional Improvements in a workmanlike manner in accordance with any plans and specifications therefor, and in accordance with all Requirements of Law, building restrictions, recorded covenants and restrictions, and requirements of all Governmental Authorities having jurisdiction over the Property. Borrower shall, upon Administrative Agent’s request, execute and deliver to Administrative Agent a copy of any plans and specifications for any Additional Improvements and an assignment of Borrower’s rights under any Construction Agreement to Administrative Agent, for the benefit of Lenders as security for Borrower’s obligations under this Agreement and the other Loan Documents, and with respect to any Construction Agreement providing for payments in excess of $1,000,000 in the aggregate, shall cause the Contractor to consent to any such assignment. Borrower shall be solely responsible for all aspects of Borrower’s business and conduct in connection with the Property, including, without limitation, for the quality and suitability of any such plans and specifications and their compliance with all Requirements of Law, the supervision of the work of construction, the qualifications, financial condition and performance of all architects, engineers, contractors, material suppliers, consultants and property managers, and the accuracy of all applications for payment and the proper application of all disbursements. Neither Administrative Agent nor any Lender is obligated to supervise, inspect or inform Borrower or any third party of any aspect of the construction of the Additional Improvements or any other matter referred to above.
Construction of Additional Improvements. (i) Subject to delays resulting from Force Majeure Matters and/or Tenant Delays, Landlord shall Substantially Complete the following additional improvements within the Park by the applicable completion dates set forth herein: (i) the refurbishment of the two buildings located immediately adjacent to the Building (the “Grid Buildings”), as identified on Exhibit D attached hereto, and construction of the Café (as defined in Section 16.23) in the location shown on Exhibit D attached hereto (collectively, the “Phase II Improvements”) not later than April 30, 2021 (the “Phase II Completion Date”), (ii) the construction of the Fitness Center (as defined in Section 16.23) in the location identified on Exhibit D attached hereto and generally consistent with the depictions of same on Exhibit J attached hereto not later than June 30, 2021 (the “Fitness Center Completion Date”), and (iii) the refurbishment of the two buildings located next to the Grid Buildings (the “Edge Buildings”), as identified on Exhibit D attached hereto (the “Phase III Improvements”) not later than September 1, 2021 (the “Phase III Completion Date”). If Landlord for any reason other than Force Majeure Matters and/or Tenant Delays is unable to Substantially Complete any of the aforementioned additional improvements (each, an “Additional Improvement”) by the applicable completion date (each, a “Completion Date”), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event, Landlord shall act diligently and in good faith to complete the work that is necessary for Landlord to Substantially Complete such improvements. In such event, the following terms shall apply:
Construction of Additional Improvements. Except as expressly authorized herein, Tenant shall make no additions, alterations, changes, fixtures, or other improvements to the Premises (“Improvements”) without the express written consent of the Town. Tenant, at its own expense, shall keep and maintain the Premises and Improvements neat and orderly at all times and shall perform all repairs to the same to keep them in proper condition. All Improvements on the Premises shall be the property of Tenant during the full term of this Lease provided however that at the termination of this Lease, the Town shall have the right to determine if the improve- ments shall be removed by the Tenant or in the alternative that the Town shall become the owner of said improvements, without cost to the Town.
Construction of Additional Improvements and Additional Facilities; completion or non-completion of construction; changes and revisions in programs; security for performance of contracts; retained percentages under contracts; necessity for good title or easements ................................................... 55 55 SEC. 703. Use and operation of each Project........................................................................ 57 SEC. 704. Payment of lawful charges ................................................................................... 58
Construction of Additional Improvements. Lessor hereby notifies Lessee that Lessor intends to construct a building and related improvements on the parcel adjacent to the Building and that such construction will cause increased noise levels, dust and other possible nuisances which may affect occupants of the Building, including Lessee. Lessee hereby waives all claims for any injury to Lessee's business or loss of income therefrom, or for damage that may be sustained by the person or property of Lessee, its employees, invitees, customers, agents, or contractors, caused by or resulting from such construction.
Construction of Additional Improvements. Tenant acknowledges that Landlord may from time to time construct additional improvements in the Building and on the Project (including, without limitation, additional buildings). Landlord shall have the right to construct such improvements, and Tenant shall not be entitled to any abatement of rent as a result of such construction, including, without limitation, due to the noise, dust, additional traffic, additional usage of and wear and tear on the Common Area, loss of view or disruption associated therewith so long as Tenant’s parking rights and Tenant’s access to the Premises is not materially diminished (but subject to Section 7.2). Tenant waives any and all claims that it or its employees, invitees, agents or contractors may have as a result thereof. The design, location and configuration of such improvements shall be in Landlord’s sole discretion. As a result of the construction of such improvements, portions of the Common Area, including, without limitation, parking location, configuration and access, may be temporarily or permanently closed or modified. None of the foregoing shall give rise to any rights or claims by Tenant, and Tenant shall not be entitled to any compensation or abatement of any kind with respect thereto. Landlord shall use reasonable efforts to minimize disruption to Tenant’s use of the Premises as a result of such construction (which reasonable efforts shall not require Landlord to perform work outside of normal business hours). Provided Tenant’s parking rights and Tenant’s access to the Premises is not materially diminished, Landlord shall have the right in its sole discretion to sell portions of the Project or to develop portions of the Project as separate projects, in which case such portions of the Project shall thereafter be excluded from the term “Project”.
Construction of Additional Improvements. The YMCA may install upon th e Leased Property any additions, improvements, personal property, equipment or fixtures which in the YMCA’s judgment are necessary or desirable for the conduct of activi ties xxxx ied on by the YMCA at the Leased Property. Any such additions, improvements, personal property, equipment or fixtures which are installed with funds other than the proceeds of the Contr act and which do not con stitute a par t of the Leased Property under the terms of this Lease Agreement shall be and remain the property of the YMCA and may be removed by the YMCA at any time while an Event of Default does not exist hereunder; provided, that any damage to the Leased Property occasioned by such removal shall be repaired by the YMCA at its own expense. If any additions, improvements, personal property or fixtures described in this Section 4.5 are leased by the YMCA or the YMCA shall have granted a security interest in such property in connection with the acquisition thereof by the YMCA, then the lessor of such property or the party holding a security interest therein, as the case may be, may r emove such prop erty fr om the Leased Pr operty even t xxxxx an Event of Default shall then exist or this Lease Agreement shall have been terminated following an Event of Default hereunder; provided, that the foregoing permission to remove such proper ty shall be subj ect to the agreement by such lessor or secured party to repair at its own expense any damage to the Leased Property occasioned by such removal.
Construction of Additional Improvements. 19 14. Insurance...........................................................................................22 15.
Construction of Additional Improvements. 6.1 Tenant shall have the right to construct a building which shall connect to the exiting Facility and shall make other improvements on the Leased Premises, consistent with plans and specifications approved by Landlord (the "plans and specifications"). Such building and improvements to be constructed by the Tenant are collectively referred to as the "Tenant's New Facility" or "Tenant's New Facilities." Prior to commencement of construction of Tenant's New Facility, the Landlord shall review and, when acceptable, approve all plans and specifications for the Tenant's New Facility and the use of the Property, including review of landscaping and parking plans, and review for consistency with the Protective Covenants applicable to the Landlord's property in the Olds Station area of Chelan County. Landlord shall not unreasonably withhold its approval.
Construction of Additional Improvements. Landlord agrees to cause the construction of the Additional Improvements in accordance with the terms and conditions of the Construction Contract and in accordance with the working drawings and base building specifications as are listed on Exhibit A to the Construction Contract; provided, however, Landlord shall not be required to authorize Change Orders which would increase the Contract Sum above the agreed upon amount of $565,739.00. Tenant agrees to cooperate with Opus and Landlord in the construction of the Additional Improvements and to make every reasonable effort to conduct its business in such a way as will cause as little interference as possible with the construction of the Additional Improvements. Further, Tenant agrees to supervise the construction of the Additional Improvements and to otherwise take an active role in ensuring that the construction of the Additional Improvements complies with the plans and specifications therefor, which plans and specifications were prepared with the participation of Tenant, and which plans and specifications have been approved by Tenant.
