Common use of Quality of Materials and Workmanship Clause in Contracts

Quality of Materials and Workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) or which changes, in the aggregate, do not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer to the Lessor and the Lessee, and the Developer shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.

Appears in 2 contracts

Samples: Leasehold Improvement Agreement (Balanced Care Corp), Leasehold Improvement Agreement (Balanced Care Corp)

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Quality of Materials and Workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer Lessee shall not make any changes in, and shall not permit the Developer, the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) or which changes, in the aggregate, do not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer Lessee to the Lessor and the Lessee, and the Developer Lessee shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.

Appears in 2 contracts

Samples: Balanced Care Corp, Balanced Care Corp

Quality of Materials and Workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer Lessee shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute reasonable discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE TEN THOUSAND DOLLARS ($25,00010,000) or which changes, in the aggregate, do not exceed TWO ONE HUNDRED THOUSAND DOLLARS ($200,000100,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer Lessee to the Lessor and the Lessee, and the Developer Lessee shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.

Appears in 1 contract

Samples: Leasehold Improvement Agreement (Emeritus Corp\wa\)

Quality of Materials and Workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer Lessee shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute reasonable discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE TEN THOUSAND DOLLARS ($25,00010,000) or which changes, in the aggregate, do not exceed TWO ONE HUNDRED THOUSAND DOLLARS ($200,000100,000) in in. cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer Lessee to the Lessor and the Lessee, and the Developer Lessee shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.

Appears in 1 contract

Samples: Leasehold Improvement Agreement (Emeritus Corp\wa\)

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Quality of Materials and Workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer Lessee shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute reasonable discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE TEN THOUSAND DOLLARS ($25,00010,000) or which changes, in the aggregate, do not exceed TWO ONE HUNDRED THOUSAND DOLLARS ($200,000100,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer Lessee to the Lessor and the Lessee, and the Developer Lessee shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.6.3.3

Appears in 1 contract

Samples: Arizona Leasehold Improvement Agreement (Emeritus Corp\wa\)

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