CONSTRUCTION REPRESENTATION Clause Samples
The 'Construction; Representation' clause defines how the terms of the agreement are to be interpreted and clarifies the basis on which the parties have entered into the contract. Typically, this clause specifies that the contract reflects the entire understanding between the parties and that no external statements or representations, unless expressly included, are binding. It may also outline rules for resolving ambiguities or conflicts within the contract language. The core function of this clause is to ensure that only the written terms govern the parties' relationship, thereby preventing disputes over alleged prior discussions or informal understandings.
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CONSTRUCTION REPRESENTATION. In any interpretation of this Agreement, any ambiguities shall not be construed against any party on the basis that the party was the drafter. Executive represents that Executive is knowledgeable and sophisticated as to business matters, including the subject matter of this Agreement, that he or she has read this Agreement and that he understands its terms. Executive acknowledges that, prior to assenting to the terms of this Agreement, Executive has been encouraged to, and has been given a reasonable amount of time to review it, to consult with counsel of Executive's choice, and to negotiate at arm's-length with the Company as to its contents. Executive and Company agree that the language used in this Agreement is the language chosen by the parties to express their mutual intent, and that they have entered into this Agreement freely and voluntarily and without pressure or coercion from anyone.
CONSTRUCTION REPRESENTATION. If required by the Agreement, FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect City against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to City, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If City designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this Agreement before the Construction Phase of the Project begins.
CONSTRUCTION REPRESENTATION. If required by the Agreement, FNI will furnish construction representation according to the defined scope for these Services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the construction contract documents. In performing these Services, FNI will report any observed deficiencies to City, however, it is understood that FNI does not guarantee the contractor’s performance, nor is FNI responsible for the supervision of the contractor’s operation and employees. FNI shall not be responsible for the contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident to the work of the contractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. If City designates a resident project representative that is not an employee or agent of FNI, the duties, responsibilities, and limitations of authority of such resident project representative will be set forth in writing and made a part of this Agreement before the construction phase of the project begins.
CONSTRUCTION REPRESENTATION. The parties have participated jointly in the preparation and negotiation of this Agreement and the other Transaction Documents and each party has been represented by counsel of such party’s selection in such process.
CONSTRUCTION REPRESENTATION. This Agreement has been negotiated by the Parties and shall be interpreted fairly in accordance with its terms and without any construction in favor of or against any of the Parties. In entering into this Agreement, the Parties hereto represent that each party has relied upon the advice of their respective attorneys, who are the attorneys of their own choice, concerning the legal consequences of this Settlement Agreement; that the terms of this Settlement Agreement have been completely read and explained to each party by their respective attorneys; and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by each party. The Parties each acknowledge and understand that they had the opportunity to consult with counsel concerning this Agreement.
CONSTRUCTION REPRESENTATION. This Agreement has been negotiated by the parties and their respective counsel and will be fairly interpreted in accordance with its terms and without any strict construction in favor of or against any party. Each Selling Shareholder acknowledges that he has reviewed the terms and conditions of this Agreement with counsel, is capable of evaluating the merits and risks of entering into this Agreement and the transactions contemplated hereby and has the capacity to protect his own interests.
CONSTRUCTION REPRESENTATION. The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer, would not be economically feasible within the reasonably foreseeable future, without the financial assistance provided by the Village and the benefits given to the Developer hereunder.
CONSTRUCTION REPRESENTATION. Conduct periodic site visit/meeting by civil engineer to review the progress of construction and to address on-site construction questions and issues. A maximum of five (5) site visits or meetings is required.
CONSTRUCTION REPRESENTATION. Landlord hereby appoints ▇▇▇▇ ▇▇▇▇ as its construction representative and Tenant hereby appoints ▇▇ ▇▇▇▇▇▇▇ as its construction representative. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf by any Construction Representative of the party named or any person hereafter designated in substitution or addition by written notice to the party relying. prepared by and upon recordation return to: [___________] [___________] [___________] [___________] THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this “Agreement”) is entered into as of ________________, 20__ (the “Effective Date”) by and between ACORE CAPITAL MORTGAGE, LP, a Delaware limited partnership, in its capacity as Administrative Agent for the Lenders from time to time party to the Loan Agreement defined below (together with its successors and/or assigns, the “Administrative Agent”), and ________________, a ________________ (together with its permitted successors and assigns, the “Tenant”), with reference to the following facts:
A. a ________________, whose address is ______________________________ (the “Landlord”) owns fee simple title or a leasehold interest in the real property described in Exhibit “A” attached hereto (the “Property”).
B. Pursuant to that certain Loan Agreement dated as of the date hereof among Landlord, the Lenders from time to time party thereto (the “Lenders”), and Administrative Agent (the “Loan Agreement”), the Lenders have made a loan to Landlord in the original principal amount of [________________] Dollars ($[________________]) (the “Loan”).
C. The Loan is secured by, among other things, that certain [Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing] dated ________________, 20__ in favor of Administrative Agent, recorded in the ________________ County Clerk’s Office as Instrument Number _____________ in Book _______, Page _______ (as may be further amended, increased, renewed, extended, spread, consolidated, severed, restated, or otherwise changed from time to time, the “Deed of Trust”).
D. Pursuant to that certain [Lease] effective ________________, [as amended by ________________] (the “Lease”), Landlord demised to Tenant a portion of the Property consisting of the following (the “Leased Premises”): __________________________.
E. Tenant and Administrative Agent desire to agree upon the relative priorities of their interests in the Prope...
CONSTRUCTION REPRESENTATION. Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party on the basis that the party was the drafter. The Executive represents that he is knowledgeable and sophisticated as to business matters, including the subject matter of this Agreement, that he has read this Agreement and that he understands its terms. The Executive acknowledges that, prior to assenting to the terms of this Agreement, he has been given a reasonable time to review it, to consult with counsel of his choice, and to negotiate at arm's-length with the Company as to its contents. The Executive and the Company agree that the language used in this Agreement is the language chosen by the parties to express their mutual intent, and that they have entered into this Agreement freely and voluntarily and without pressure or coercion from anyone.