SECTION 12 CONSTRUCTION OF PROJECT IMPROVEMENTS Sample Clauses

SECTION 12 CONSTRUCTION OF PROJECT IMPROVEMENTS. 56 11 12.1 Contract with General Contractor; License 56 12 12.2 Project Improvements 56 13 12.3 City’s and PWH’s Right to Inspect and Receive Information 59 14 12.4 Change Orders 61 15 12.5 Bonding Requirements for Project Improvements 63 16 12.6 Record Drawings 00 00 00.0 Xxxxx 00 00 12.8 Non-regulatory Punchlist Procedure 66 19 12.9 Correction of Material Defects 70 20 SECTION 13 PROJECT SCHEDULE; TIME OF COMPLETION 73 21 13.1 Project Schedule 73 22 13.2 Changes in Project Schedule 74 23 13.3 Avoidance of Delays 74 24 13.4 Liquidated Damages 75 25 13.5 Project Completion 75 26 SECTION 14 ALLOCATION OF COSTS 76 27 14.1 Definitions 76 28 14.2 General Terms and Conventions 80 29 14.3 Disputed Costs for Project Improvements 81 30 SECTION 15 PWH AND PUBLIC FINANCING 83 31 15.1 PWH Financing 83 32 15.2 Public Financing 83 33 SECTION 16 HISTORIC TAX CREDITS 84 34 SECTION 17 FUNDING OBLIGATIONS 84 35 17.1 Definitions 84 36 17.2 Funding 85 37 17.3 Responsibility for Cost Overruns 86 38 17.4 Return of Funds. 87 39 SECTION 18 ADMINISTRATION OF PROJECT PAYMENT ACCOUNT FUNDS 87 40 18.1 Disbursement Procedures in General 87 1 18.2 Specific Disbursement Procedures 87 2 18.3 Failure to Disburse 91 3 18.4 Designation of Representatives 91 4 18.5 Audit Rights 92 5 SECTION 19 CONSTRUCTION DISPUTE RESOLUTION 92 6 19.1 When Applicable 92 7 19.2 Resolution of Disputes Encouraged 94 8 19.3 Dispute Resolver 95 9 19.4 Operation of Dispute Resolver 97 10 19.5 Procedure and Schedule for Dispute Resolution 98 11 19.6 Equitable Proceeding 99 12 19.7 Compensation 100 13 SECTION 20 REPRESENTATIONS AND WARRANTIES 100 14 20.1 City Representations and Warranties 100 15 20.2 XXX Representations and Warranties 103 16 20.3 PWH Representations and Warranties 105 17 20.4 Survival of Representation and Warranties 107 18 20.5 Disclaimers Regarding Physical Condition 107 19 SECTION 21 COVENANTS AND CONDITIONS PRECEDENT TO CLOSING 108 20 21.1 Related Agreements; XXX, PWH and City Covenants 108 21 21.2 Conditions Precedent to City’s, PWH’s and PAM’s Obligations 109 22 21.3 Effect of Failure to Achieve Conditions to Closing 112 23 SECTION 22 CLOSING; POST CLOSING OBLIGATIONS 113 24 22.1 Closing Date 113 25 22.2 Events of Closing 113 26 22.3 Previously Paid Project Costs 114 27 22.4 Post Closing Obligations 115 28 22.5 Effect of Failure to Complete Post-Closing Obligations 115 29 SECTION 23 INSURANCE DURING CONSTRUCTION 115 30 23.1 Builder’s Risk 116 31 23.2 Delayed Opening Insurance 117 32 23.3 Com...
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Related to SECTION 12 CONSTRUCTION OF PROJECT IMPROVEMENTS

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Commencement and Completion of Construction The Company shall begin Construction Activities no later than January 1, 2014 (“Commencement Date”) and secure a final Certificate of Compliance by August 27, 2015 (hereinafter, “Completion Date”).

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure:

  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.

  • ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

  • Construction of the Tenant Improvements Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Construction of Improvements (A) Lessee warrants and agrees that the Building will be constructed on the Leased Premises, and all other improvements to the land, including the parking lot, approaches, and service areas, will be constructed in all material respects by Lessee substantially in accordance with the plot, plans, and specifications heretofore submitted to Lessor.

  • Construction of Tenant Improvements After the Landlord and Ground Lessor (in accordance with Paragraph 12 hereof) approve Tenant’s Plans and Tenant receives any necessary building permits, Tenant shall administer and diligently prosecute the construction of Tenant Improvements in accordance with Tenant’s Plans, in compliance with applicable Laws, and using building standard material, subject to Landlord’s right, at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall be constructed by Tenant’s Contractor (and/or its subcontractors), and Tenant shall be responsible for project management with respect to construction of the Tenant Improvements. During construction of the Tenant Improvements, Tenant and its contractors and subcontractors (i) shall not interfere with the access to, use of, or business conducted within any other portions of the Project by other tenants or occupants, (ii) shall use diligent efforts to coordinate the timing of work, deliveries and other construction matters with tenants or occupants of the Project that could be adversely impacted by such work, deliveries and construction matters, including, without limitation, by scheduling work CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any required shutdown of utilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall not be charged any construction management fee for Landlord’s review of Tenant’s Plans or any oversight of the construction of the Tenant Improvements.

  • Completion of Project The Borrower shall carry out the Project in accordance with the Technical Description as may be modified from time to time with the approval of the Bank, and complete it by the final date specified therein.

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