Common use of Construction Plans Clause in Contracts

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Developer shall submit to the Authority completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto.

Appears in 1 contract

Samples: Contract for Private Development

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Construction Plans. S & B Realty agrees to cause, and shall cause Xxxx Theatres to comply with this Section 4.2. (a) Before ). Prior to commencing construction of the Minimum Improvements, the Developer Xxxx Theatres shall submit to the Authority EDA and S & B Realty completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity conformance with the Development Program, the TIF Plan, this Agreement, Agreement and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: (i) the Construction Plans conform regulations and shall be submitted to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (vi) no Event of Default has occurredEDA in a digital format. No approval by the Authority EDA shall relieve the Developer Xxxx Theatres of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority EDA or S & B Realty shall constitute a waiver of an Event of Default. Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall constitute a waiver of a Loan Event of Default If approval of the Construction Plans is requested by the Developer Xxxx Theatres in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityEDA, in whole or in partpart within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the AuthorityEDA or S & B Realty. If the Authority EDA or S & B Realty rejects any Construction Plans in whole or in part, the Developer Xxxx Theatres shall submit new or corrected Construction Plans within 30 10 days after written notification to the Developer Xxxx Theatres of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. EDA and S & B Realty The AuthorityEDA's approval and S & B Realty’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s EDA's satisfaction and S & B Realty's satisfaction with the provisions of this Agreement relating theretothereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. Xxxx Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the EDA or S & B Realty and/or any changes in the Construction Plans requested by the EDA or S & B Realty, provided the EDA shall be bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Neither the EDA, the City, nor any employee or official of the EDA or City shall be responsible in any Manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans including changes requested by the EDA.

Appears in 1 contract

Samples: Development Agreement

Construction Plans. (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencing commencement of construction of each component the Minimum ImprovementsImprovements for which a municipal permit is issued, the Developer shall submit to the Authority completed Construction PlansPlans for such component. The Construction Plans shall provide for the construction of the relevant component of the Minimum Improvements and shall be in substantial conformity with the Development Program, the TIF Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: ; (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (viiv) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development ProgramRedevelopment Plan, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s 's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, if constructed in accordance with said plans) comply to the Authority’s 's satisfaction with the provisions of this Agreement relating thereto.

Appears in 1 contract

Samples: Improvements Agreement (Excelsior Henderson Motorcycle Manufacturing Co)

Construction Plans. (a) Before commencing construction of the Minimum ImprovementsImprovements is commenced, the Developer shall submit to the Authority completed City the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, Agreement and all applicable State and local laws and regulations. The Authority City will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (viv) materials and exterior finishes are similar in quality and appearance to existing buildings on the Construction Plans include exterior front and side walls constructed of clay brickDevelopment Property; and (viv) no Event of Default by the Developer has occurredoccurred and is continuing under this Agreement. No approval of the Construction Plans by the Authority City shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval of the Construction Plans by the Authority City shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within promptly, but in no event later than 30 days after the date of their receipt by the AuthorityCity. If the Authority City rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity. The AuthorityCity’s approval shall not be unreasonably withheldwithheld or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto.

Appears in 1 contract

Samples: Contract for Private Development

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the The Developer shall submit to the Authority completed Construction Plans. The Construction Plans shall provide prepare construction plans for the construction of the Minimum Improvements for the City's review and shall be in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulationsapproval. The Authority will approve final construction plans for the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested submitted by the Developer for City approval shall consist of all construction documentation upon which the Developer and its contractors shall rely in writing at building the time of submissionImprovements. Such construction plans shall include (without limitation) final architectural drawings, such Construction Plans landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). The construction plans shall be deemed based upon the City approved unless rejected in writing by Conceptual Development Documents and the Authority, in whole or in partApplicable Land Use Approvals and shall not materially deviate there from without the written consent of the City. Such rejections shall No later than the date set forth in detail the reasons therefor, and shall be made within 30 days after the date Schedule of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in partPerformance, the Developer shall complete and submit new or corrected Construction Plans within 30 days after written notification to the Developer City the final construction plans for City review and approval. The City shall have forty-five (45) days from the date of the rejectionCity's receipt of such constructions plans to either approve or disapprove the construction plans, and if not disapproved within that forty-five (45) day period, the submitted plans shall be deemed approved. If the City disapproves the construction plans, the City shall specify in writing the reasons for disapproval. Within thirty (30) days following notice of disapproval, the Developer shall thereafter revise the construction plans so as to remove the reasons for disapproval and submit those revised construction plans to the City for approval. The provisions of this Section relating to approvalCity shall approve or disapprove the revised plans within thirty (30) days following submission, rejection and resubmission of corrected Construction Plans if not disapproved within that thirty (30) day period, the revised plans shall continue to apply be deemed approved. The process for revision and review shall be repeated until the Construction Plans have City has approved the construction plans; provided, however that if the City's approval of the construction plans for the Improvements has not been approved obtained by the Authoritydates set forth in the Schedule of Performance then the City may terminate this Agreement pursuant to 11.03. The Authority’s approval Developer acknowledges that the City's right to review and approve the proposed construction plans are in addition to, and shall not be unreasonably withheldlimited by, the City's obligation to review the Developer's proposed construction plans for consistency with applicable building code requirements. Said approval shall constitute a conclusive determination The Developer further acknowledges that the Construction Plans (and City shall have no obligation to approve such proposed plans in the Minimum Improvements, constructed in accordance with said plans) comply event that the Developer fails to incorporate the City's reasonably requested changes or modifications to the Authority’s satisfaction with proposed construction plans (even in the provisions event that such requested changes or modifications exceed the minimum thresholds set forth in the applicable building code and have not been required by the City's building department). As approved, these construction plans for the applicable component of this Agreement relating theretothe Improvements shall be referred to as the "Final Construction Plans".

Appears in 1 contract

Samples: Operating Covenant and Agreement

Construction Plans. (a) Before commencing commencement of construction of each Component of the Minimum Improvements, the Developer shall submit to the Authority completed City Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements relevant improvements and shall be in material conformity with the Development ProgramPlan, the TIF PlanPUD, this Agreement, and all applicable State and local laws and regulations. The Authority City Representative will approve the Construction Plans in writing if: (i) the Construction Plans materially conform to the terms and conditions of this Agreement; (ii) the Construction Plans materially conform to the goals and objectives of the Development ProgramPlan and the PUD; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brickrelevant improvements; and (viv) no Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans and shall be conclusive evidence that Developer has satisfied its obligations under this Section. No approval by the Authority City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development ProgramPlan, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority City Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within 30 days after the date of their receipt by the AuthorityCity. If the Authority City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity. The AuthorityCity Representative’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto.

Appears in 1 contract

Samples: Assessment Agreement

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Developer Develoepr shall submit to the Authority completed the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Programthis Agreement, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will shall approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development ProgramDistrict Plan; (iii) the Construction Plans conform to all applicable federal, State state and local lawslaw, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed do not provide for expenditures in excess of clay brickthe funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurredoccurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewithImprovements. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefor based upon the criteria set forth in (i) through (vi) above, and shall be made within 30 thirty (30) days after the date of their receipt by of final plans from the AuthorityDeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 twenty (20) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements, Improvements if constructed in accordance with said plans) pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.

Appears in 1 contract

Samples: Tax Increment Revenue

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Construction Plans. (a) Generally. Before commencing construction of the Minimum ImprovementsImprovements or any portion thereof, the Developer shall submit to the Authority completed EDA Construction PlansPlans for such Phase or portion thereof. The City’s chief building official, City Assessor and the Executive Director of the EDA will review and approve all Construction Plans on behalf of the EDA, and for the purposes of this Section the term “EDA” means those named officials. The Construction Plans shall provide for the construction of the Minimum Improvements (or relevant portion thereof) and shall be in conformity with the Development Program, the TIF Plan, this Agreement, Agreement and all applicable State and local laws and regulations. The Authority EDA will approve the Construction Plans in writing or by issuance of a permit if: (i) the Construction Plans conform to the all terms and conditions of this Agreement; , (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations, including without limitation the Housing Assistance Policy; (iviii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay bricksubject Phase or relevant portion thereof); and (viiv) there is no uncured Event of Default has occurredDefault. No approval by the Authority EDA shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority EDA shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. If As soon as feasible, but not later than 20 days after receipt of complete Construction Plans and permit applications for the subject Phase, the EDA will either approve the Construction Plans in writing or deliver to Developer an initial review letter describing any comments or changes requested by EDA staff; provided, however that if the EDA staff provide neither a review letter describing any comments or requested changes nor written approval of the Construction Plans is requested by within such 20 day period, the Developer in writing at the time of submission, such applicable Construction Plans shall will be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the AuthorityEDA. If the Authority rejects any Construction Plans in whole EDA provides comments or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification changes to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by for a Phase, then, thereafter, the Authorityparties shall negotiate in good faith regarding final approval of such Construction Plans. The AuthorityEDA’s approval shall not be unreasonably withheld, conditioned or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, subject Phase to be constructed in accordance with said plans) comply to the AuthorityEDA’s satisfaction with the provisions of this Agreement relating theretothereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the EDA and/or any changes requested by the EDA in connection with approving the Construction Plans, except for any failure by EDA to perform its obligations under this Section. Neither the EDA, the City, nor any employee or official of the EDA or City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the EDA.

Appears in 1 contract

Samples: nwsccc-brooklynpark.granicus.com

Construction Plans. (a) Before commencing construction the City makes any disbursements of Loan proceeds under Article III, the Association shall submit the Construction Plans to the City Building Official, who shall review such plans on behalf of the Minimum Improvements, the Developer shall submit to the Authority completed Construction PlansCity. The Construction Plans shall provide for the construction of the Minimum Housing Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority City Building Official will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the Development Program; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Minimum Housing Improvements; (v) the Construction Plans include exterior front and side walls constructed of clay brick; and (viiv) no Event of Default has occurred. No approval by the Authority City Building Official shall relieve the Developer Association of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Minimum Housing Improvements in accordance therewith. No approval by the Authority City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityCity Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within 30 days after the date of their receipt by the AuthorityCity Building Official. If the Authority City Building Official rejects any Construction Plans in whole or in part, the Developer Association shall submit new or corrected Construction Plans within 30 days after written notification to the Developer Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity Building Official. The AuthorityCity Building Official’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Housing Improvements, constructed in accordance with said plans) comply to the AuthorityCity Building Official’s satisfaction with the provisions of this Agreement relating thereto.

Appears in 1 contract

Samples: Development Agreement

Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Developer Redeveloper shall submit to the Authority completed the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, the Development Program and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: (which approval shall conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if (i) the Construction Plans conform to the all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans include exterior front and side walls constructed do not provide for expenditures in excess of clay brickthe funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurredoccurred and remains outstanding. No approval by the Authority shall relieve the Developer Redeveloper of the obligation to comply with the terms of this Agreement or of the Development ProgramAgreement, applicable federal, State State, and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefor based upon the criteria set forth in (i) through (vi) above, and shall be made within 30 twenty (20) days after the date of their receipt by of final plans from the AuthorityRedeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer Redeveloper shall submit new or corrected Construction Plans within 30 twenty (20) days after written notification to the Developer Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements, Improvements if constructed in accordance with said plans) pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.

Appears in 1 contract

Samples: Loan Agreement

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