Construction of the Improvements. Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.
Construction of the Improvements. Borrower shall commence construction of the Improvements on or before the Construction Commencement Date, and shall prosecute the construction of the Improvements with diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable Laws and governmental requirements, the Plans and the Loan Documents. Borrower shall not permit cessation of work for a period in excess of ten (10) consecutive days, except for Excusable Delays. Borrower shall complete construction of the Improvements free and clear of all liens (except liens created by the Loan Documents), and shall obtain a certificate of occupancy and all other permits, licenses and approvals from all applicable governmental authorities required for the occupancy, use and operation of the Improvements, in each case satisfactory to Administrative Agent, on or before the Completion Date. Borrower shall promptly after receiving knowledge of same, correct (a) any material defect in the Improvements, (b) any material departure from the Plans, Law or governmental requirements, or (c) any encroachment by any Improvements or structure on any building setback line, easement, property line or restricted area.
Construction of the Improvements. Borrower shall cause construction of the Project, including without limitation the construction of the Pipeline, to be prosecuted with diligence in a good and workmanlike manner, substantially in accordance with the Plans and Specifications and all building, zoning and other applicable governmental laws, statutes, ordinances, regulations, rules, permits and requirements affecting the Premises.
Construction of the Improvements. (a) Landlord shall substantially complete the Building Standard Improvements and the Non-Standard Improvements, if any, in accordance with the Plans and Specifications, not later than the Expansion Space Commencement Date as specified in the First Amendment. “
Construction of the Improvements. Mortgagor has, or prior to commencement of construction of any Improvements will have, received all requisite building permits and approvals, all approvals and consents to the Plans and without limiting the generality of the foregoing, complied with all requirements of law applicable to the construction of the Project. Mortgagor shall promptly complete all Improvements in a good and workmanlike manner in accordance with the Plans approved by Mortgagee and Mortgagor shall promptly pay when due all bills and costs for labor, services, utilities and materials, and Mortgagor shall keep the Mortgaged Property free from any liens or encumbrances of any nature except for this Mortgage and the Permitted Exceptions and the liens and encumbrances permitted by the Loan Agreement.
Construction of the Improvements. As soon as practicably possible, Lessor shall apply for all building permits and other governmental permits and approvals necessary for the improvements described in the Approved Plans and Specifications (the "Improvements"). Thereafter, Lessor at its sole expense shall proceed diligently with the construction and completion of the Improvements in accordance with the Approved Plans and Specifications and all applicable governmental permits and approvals and all applicable laws, ordinances, regulations and court orders. Lessor shall complete the Improvements and they shall be ready for occupancy by Lessee not later than November 1, 1995, as such date may be extended by Force Majeure. The term "
Construction of the Improvements. Landlord shall enter into a construction contract with the Contractor on a form reasonably acceptable to Landlord ("Construction Contract") for the construction and installation of the Tenant Improvements in accordance with the Final Plans; provided, however, the Construction Contract shall contain substantially the same provisions set forth on Schedule 3 attached to this Work Letter and incorporated herein by this reference.
Construction of the Improvements. Subject to the terms and conditions of this Lease, Tenant shall commence the construction of its Improvements on the Premises within thirty (30) days of the issuance of a building permit, provided that at all times Tenant shall diligently and continuously pursue the issuance of such building permit. Tenant covenants and agrees that it will pursue such construction diligently until completion and that there shall be no abandonment of said construction for any period exceeding ten (10) business days, plus any extensions of said period caused by strikes, lockouts, casualty or similar causes beyond the reasonable control of Tenant. Tenant hereby covenants and agrees that construction of the Improvements (including without limitation any future replacements, alterations, additions or modifications) shall commence only when Tenant has obtained the unqualified and unconditional approval by Landlord, pursuant to the Declaration Regarding Outparcels, and by the Declarant under the Community Declaration (which plan approval from the Declarant under the Community Declaration shall be governed by the terms of the Declaration Regarding Outparcels), of any and all preliminary and final plans and specifications (the "Tenant's Plans") relating to construction of the Improvements. Tenant hereby agrees that it will cause Xxxxxx's Plans to be prepared and submitted to Landlord on or before the day that is the forty-fifth (45th) day prior to the expiration of the Inspection Period. Tenant further agrees that only one (1) building shall be constructed on the Site, the total floor area of which shall not exceed 6,000 square feet, and no building on the Site, including all architectural features of such building, shall exceed twenty-eight (28) feet in height above finished floor elevation. Tenant further agrees that the Tenant's Plans will provide for, and Tenant will cause to be constructed and installed, as part of the Tenant Improvements, (i) one (1) driveway connection with each outparcel adjoining the Site, such driveway(s) to be located approximately eighteen (18) feet in front of the sidewalk and landscape easement along Xxxx Xxxxxx Drive, and (ii) one (1) five (5) foot wide sidewalk the full width of the Site along the Rear Drive. Upon approval of Tenant's Plans, Landlord will allocate and convey to Tenant the actual number of square feet of retail development rights required to so construct the building contemplated by Xxxxxx's Plans pursuant to the process required the...
Construction of the Improvements. Licensor hereby grants Licensee a non-exclusive license to install, construct, maintain, repair, and/or replace the Improvements within the Easement Area pursuant to Section 158.00(G) of the Safety Harbor Comprehensive Zoning and Land Development Code in the area shown and described on Exhibit A. Licensee shall ensure that, at all times, the Improvements comply with all applicable ordinances, regulations, and codes.
Construction of the Improvements. Prosecute the construction of the Improvements with diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable laws and governmental requirements, the Loan Documents, and the Plans. The Borrower shall not permit cessation of work for a period in excess of twenty (20) days (whether or not consecutive but excluding weekends and legal holidays), except for Excusable Delays. The Borrower shall complete construction of the Improvements, and shall obtain a permanent unconditional certificate of occupancy and all other permits, licenses, and approvals for the occupancy, use and operation of the Improvements from all applicable Governmental Authorities on or before the Completion Date, free and clear of all Liens except as permitted pursuant to Section 9.2. The Borrower shall correct promptly (a) any material defect in the Improvements, (b) any material departure from the Plans, except with respect to Permitted Changes, or governmental requirements, or (c) any encroachment by any Improvements or structure on any building setback line, easement, property line or restricted area. All increases in the cost of constructing the Improvements which result from Permitted Changes shall be applied against the $1,000,000 building contingency in the Budget and, to the extent such increases exceed $1,000,000 shall be paid by the Borrower from its own funds.
