Construction Process. Subject to the Operator’s duties and responsibilities provided for herein, the Operator has the exclusive right to construct, expand or extend the approved Projects in the AMI. When commercially reasonable under the circumstances, the Operator will seek multiple bids for construction and other work or services related to construction processes, and the Operator will not charge more than the Operator’s actual costs incurred plus chargeable items as set out in the Accounting Procedure. Other than as provided for in the Accounting Procedure, the Operator shall not contract with Affiliates for construction work or other work or services related to construction process without either: (a) Operator or its Affiliates having obtained multiple bids from third-party providers and Operator charging no more than ninety-five percent (95%) of the lowest bid; or (b) obtaining unanimous approval of the System Owners. As needed, the System Owners may, from time to time, consult with the Operator on the bidding process and selection of vendors. Each Project will be constructed hereunder in accordance with prudent operating practices, design codes and industry specifications. The Operator will have direct responsibility and supervision of all matters arising under any applicable construction contract and all matters arising during the actual construction work, and will proceed with such matters in accordance with this Agreement and what a prudent operator would do under the same or similar circumstances. Any System Owner, at its sole risk, cost and expense, has the right to inspect and observe the construction work at all reasonable times, as long as such actions do not interfere with the construction of the Project or the operations of the AMI Midstream Assets.
Construction Process. Tenant shall not commence the -------------------- construction of any Tenant Improvements until after Landlord and Tenant have agreed on the approved Plans and selection of the Contractor. Thereafter, Tenant shall be responsible for completing the construction of the Tenant Improvements in accordance with the approved Plans.
Construction Process. 5.a. Evaluate and act on post-bid substitution requests.
Construction Process. Seller and Seller Consultant shall reasonably consult with Buyer and Buyer Consultant throughout the construction of each of the Construction Projects, in order to apprise Buyer Consultant and Buyer of the progress of the construction of the Improvements. Seller shall permit Buyer and Buyer Consultant to have access to the Construction Projects during the period of construction to examine all aspects of such construction, and Buyer agrees to cause Buyer's Consultant to examine the construction of each Construction Project at least once a calender month during the construction thereof (provided that at Seller's written request, Buyer agrees to cause Buyer's Consultant to examine certain aspects of a Construction Project (as specified by Seller) no more than one additional time during a calendar month). From time to time (but not more often than four times in any calendar month), Seller may ask Buyer to approve certain construction details, assemblies, or substitutes, as well as any cosmetic, aesthetic or other aspects of the construction of a Construction Project that are not expressly set forth in the Approved Plans and Specifications (or if applicable, the Approved Finish Schedule) for such Construction Project (such aspects, the “Construction Details”). Buyer shall have ten (10) days after such request to deliver written notice to Seller either approving or disapproving such Construction Details; a failure of Buyer to respond during such ten day period shall be deemed an approval by Buyer of such Construction Details. A disapproval by Buyer of any Construction Details shall be accompanied by an explanation of such disapproval. If Seller and Buyer fail to agree on whether any such Construction Details should be approved, such dispute shall be subject to resolution by arbitration under Section 12.20 below. Nothing in this Section 3.3(h) shall require Buyer to approve (or be deemed to have approved) any changes to any items clearly and expressly described in the Approved Plans and Specifications of a Construction Project.
Construction Process. Buyer acknowledges that control, direction and supervision of all construction activities at the site will lie exclusively with Seller. Buyer shall not perform any work or contract with Seller’s contractors or other builders, contractors, interior decorators, or others to perform work in or about the Property until title is transferred to Buyer. Buyer shall not enter upon the construction site or the unfinished Property. Seller reserves the right to amend the Plat, site plan, plans and specifications, and the Declaration from time to time prior to the Closing as Seller may deem necessary or desirable to make corrections or meet requirements of its marketing programs, applicable laws, governmental regulations, lending institutions, or otherwise, so long as such amendments do not materially adversely affect the value of the Property.
Construction Process. Summary Table WORK ACTIVITY STATE/LOCAL FULL FEDERAL STATE ADMINISTERED ADMINISTERED OVERSIGHT PROJECTS OVERSIGHT PROJECTS OVERSIGHT ON THE NHS PROJECTS OFF THE NHS Mn/DOT ACTION FHWA ACTION Mn/DOT ACTION FHWA ACTION Mn/DOT ACTION FHWA ACTION Concurrence in Contract Award Prepare and Recommend Review and Concur (7 days) Approve1 None Approve1, 2 None Rejection of bids Recommend Review and Concur (7 days) Recommend None Approve2 None Notification of Pre- construction meeting Prepare Information Prepare None Prepare None Supplemental Agreements3 Prepare and Approve Approve (7 days) Prepare and Appove3 None Approve2 None Claims4 Prepare and Approve Approve (14 days) Approve Information Approve2 Information Time Extensions Prepare and Approve Concur in Approval (14 days) Approve None Approve2 None Suspension of work Prepare justification Information5 Prepare/ Approve None Approve2 None Termination Prepare Approve Prepare/ Approve Concurrance Approve 2 None Executed Contract Prepare and Approve Concur in Approval Approve None Approve2 None Initial Construction Inspections Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None Intermediate Construction Inspection Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None In-depth Construction Inspection Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None 1 Awarding of contracts that do not conform to Guidelines on Preparing Engineer’s Estimate, Bid Reviews and Evaluation will require FHWA concurrence. 2 Delegated projects will be in conformance with the approved agreement. 3 Supplemental agreements for Major Contract Changes (.=$100,000; alter termini, character, or scope of work; incorporate experimental product or feature; termination of contract) require prior FHWA approval. Supplemental agreements for Minor Contract Changes can be approved prior to final acceptance by FHWA.
Construction Process. Subject to new Building standards and Sublandlord’s and Master Landlord’s reasonable approval, Subtenant shall control its own construction and contractor selection with respect to the non-core areas on the floor. Except as expressly provided to the contrary herein, Subtenant’s construction of the Subtenant Improvements shall be subject to all applicable provisions of the Sublease and Master Lease regarding alterations or improvements to the Subleased Premises, including without limitation the provisions contained in Section 8.12 of the Master Lease. Subtenant shall submit Subtenant’s plans and specifications for the construction of the Subleased Premises to both Sublandlord and Master Landlord for approval. Sublandlord shall approve Subtenant’s plans and specifications for the construction of the Subleased Premises, or provide written comments thereto, within five (5) business days of receipt for improvements that are nonstructural in nature, and within fifteen (15) days for improvements that involve structural work. Sublandlord acknowledges that Subtenant has retained Xxxx Xxxxxx of Intergroup Architects contracted through A&B Builders Inc. as Subtenant’s architect (“Subtenant’s Architect”) for preparation of construction drawings.
Construction Process. The provisions of this Article 3 and of Article 15, and Exhibit "D" to this Lease, shall apply to the improvement of the Premises in the first instance, and any future modifications, alteration or renovations to the Premises, and, unless clearly inapplicable, to all reconstruction or restoration performed pursuant to any other portion of this Lease by Tenant. Landlord's approval of the Plans and Specifications, if any, shall not be construed as approval of the structural adequacy or integrity of the work detailed therein, or of the conformity of the same to applicable building codes and other legal requirements; it being agreed that Tenant shall indemnify, defend, save and hold Landlord harmless from and against, and reimburse Landlord for, any and all obligations, damages, injunctions, suits, fines, penalties, demands, claims, costs, expenses, actions, liabilities, suits, proceedings and losses of whatever nature (including, without limitation, Attorneys' Fees and court costs), arising therefrom. Any work which does not conform with the Plans and Specifications, if so required by Landlord or by law, shall be removed or reconstructed by Tenant, at Tenant's sole cost and expense.
Construction Process. A. All building permit applications and related construction documents must be reviewed and approved in writing by Building Management prior to commencement of work, without exception.
Construction Process. Subject to the additional terms and conditions set out in the Lease, including at Appendix C (Work Letter), Landlord, through its designated agent, will supervise the construction of the Tenant Improvements and coordinate the relationship between the Tenant, the design consultants (e.g., architect, structural and MEP engineering), the general contractor (Trimbuilt (as defined in Appendix C) is hereby approved by Tenant and Landlord, otherwise such general contractor must be mutually approved by Landlord and Tenant), the Work, the Building and the Building’s systems. In consideration for Landlord’s construction supervision services, Tenant is to pay to Landlord a construction supervision fee equal to 3.5% of the cost of the Tenant Improvements (hard and soft).
