Work Contracts Clause Samples

Work Contracts. Ten days before the First Closing, the Branch Affiliates shall notify Regency in a written progress report as to those Work Contracts that will not be completed by the First Closing.

Work Contracts. To Branch's knowledge, the Work Contracts are in full force and effect, no party is in default thereunder or under any construction loans applicable thereto, nor are there any facts or circumstances which with the passage of time or the giving of notice, or both, would result in any such default, the absence of which would not have a Material Adverse Effect on the applicable Property. The progress and remaining expenditures under the Work Contracts are consistent with the Development Budget and Schedule, the TI Budget and Schedule and the other budgets and projections referred to in Sections and , except to the extent such failure does not cause and is not reasonably expected to cause a Material Adverse Effect on the applicable Property. To Branch's knowledge, any remaining work under the Work Contracts to be performed after the First Closing will not exceed the amounts budgeted therefor on the foregoing schedules, except to the extent such failure does not cause and is not reasonably expected to cause a Material Adverse Effect on the applicable Property. To Branch's knowledge, the work remaining under the Work Contracts will be sufficient to complete the respective projects to which they relate, without change orders, so as to comply with existing development obligations of Branch or any Subpartnership (including, without limitation, obligations under any letters of intent to lease), obligations for tenant improvements under Leases or for repairs or other necessary work, except to the extent such failure does not cause and is not reasonably expected to cause a Material Adverse Effect on the applicable Property.

Work Contracts. The Work Contracts relating to Properties of the Property Owner are in full force and effect, no party is in material default thereunder or under any construction loans applicable thereto, nor are there any facts or circumstances which with the passage of time or the giving of notice, or both, would result in any such material default, except as disclosed in Schedule 6.5.

Work Contracts. The ordinary work contract is an agreement by which a party obliges himself to produce a work for which the other party will pay compensation (Article 363 CO). Contrary to the agent in the mandate, the contractor in a work contract must reach a certain result and not merely tend to it in good faith. Another difference between mandate and work contract is that a work contract is never gratuitous. The main area where work contracts are of daily use is the construction industry. The general work contract is an agreement according to which a party (the general contractor) obliges himself towards the contracting authority to produce a whole work or part of it without regard to the actual different types of work to be performed. The general contractor promises a specific result, such as a building or a highway. To reach that end, the general contractor may perform part of the work himself, or delegate the entire building performance to subcontractors and limit his action to the coordination of the work to be done. One of the advantages for the contracting authority is that it is only contractu- ally linked with the general contractor and must only instruct the latter. The work contract is regulated at Articles 363–379 CO, but in the construction industry one also must pay attention to norms provided 1CO, Article 394(1).

Work Contracts. The customer

Work Contracts. 44 6.2.22 Acquisition Properties...................................45 6.3 Accredited Investor Status......................................45 -------------------------- 6.4 Accuracy of Statements..........................................45 ---------------------- 6.5 Limit on Representations........................................45 ------------------------ 6.6 Limitation on Remedies..........................................45 ----------------------

Work Contracts. In-house consultants deliver 'external services' and are in principle to be considered under the 'subcontracting' cost category. However : costs of consultants (i.e. natural (physical) persons) who join the beneficiary's project team may be classified under staff costs, regardless of whether the consultants are self-employed or employed by a third party, if the criteria listed below are fulfilled (in addition to the general eligible cost criteria of the grant agreement). Persons delivering services under 'civil contracts' (a form of service contract under private law with the obligation to deliver results in a specified timeframe) are in principle to be considered under the 'subcontracting' cost category. However, if the persons join the beneficiary's project team the costs may be classified under staff costs if the criteria listed below are fulfilled (in addition to the general eligible cost criteria of the grant agreement).

Work Contracts. At the First Closing, the Property Entities and Regency shall prorate the cost of all work under the Work Contracts, other than the Development Contracts, that has been performed through the Cutoff Date. Regency shall receive a credit against the purchase price for the Property Entities' pro rata share of the work performed under the Work Contracts, other than the Development Contracts, through the Cutoff Date. At the First Closing, the Transferees shall assume the obligation to complete the Work Contracts. TI Contracts, Repair Contracts and Development Contracts shall be included in the warranties described as Intangible Property related to the applicable Properties. At the First Closing, the Property Entities shall provide for Work Contracts under which all the work described therein has been substantially completed, lien waivers, payment affidavits, certificates of completion, and Tenant Estoppels. For Work Contracts which are not substantially completed at the Cutoff Date, the Property Entities shall provide contractor progress reports and estoppels and other evidence reasonably necessary to confirm the Property Entities' compliance with its obligations pursuant to the Work Contracts and this Section 11.2. Notwithstanding the foregoing, lien waivers and payment affidavits will not be required for Work Contracts under which all the work described therein has been substantially completed but payment for contractual retention has not been made pending completion of punch list items. At the First Closing, the Property Entities shall also provide such indemnity or other assurance to enable the Title Company to issue the Title Policy without exception for mechanics' and materialmens' liens related to work performed by the Property Entities under the Work Contracts.