Common use of Retainages Clause in Contracts

Retainages. At the time of each disbursement of Loan proceeds, the Applicable Retention Amount of the total amount then due the General Contractor and the various contractors, subcontractors and material suppliers for costs of the Construction shall be withheld from the amount disbursed. The retained Loan amounts for the Construction costs will be disbursed only at the time of the final disbursement of Loan proceeds under Article 13 below; provided, however, upon the satisfactory completion of one hundred percent (100%) of the work with respect to any trade (including any trade performed by the General Contractor) or the delivery of all materials pursuant to a purchase order in accordance with the Plans and Specifications as certified by the Architect and the Lender’s Consultant, Lender may decide on a case by case basis (but shall not be obligated) to permit retainages with respect to such trade or order, as the case may be, to be disbursed to Borrower upon the Lender’s Consultant’s reasonable approval of all work and materials and Lender’s receipt of a final waiver of lien with respect to such completed work or delivered materials.

Appears in 1 contract

Sources: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Retainages. At the time of each disbursement of Loan proceeds, the Applicable Retention Amount ten percent (10%) of the total amount then due the General Contractor and the various contractors, subcontractors and material suppliers for costs of the Construction shall be withheld from the amount disbursed. The retained Loan amounts for the Construction costs will be disbursed only at the time of the final disbursement of Loan proceeds under Article 13 below; provided, however, upon the satisfactory completion of one hundred percent (100%) of the work with respect to any trade (including any trade performed by the General Contractor) or the delivery of all materials pursuant to a purchase order in accordance with the Plans and Specifications as certified by the Architect and the Lender’s 's Consultant, Lender may decide on a case by case basis (but shall not be obligated) to permit retainages with respect to such trade or order, as the case may be, to be disbursed to Borrower upon the Lender’s 's Consultant’s reasonable 's approval of all work and materials and Lender’s 's receipt of a final waiver of lien with respect to such completed work or delivered materials.

Appears in 1 contract

Sources: Construction Loan Agreement (Medical Properties Trust Inc)