Hard Construction definition

Hard Construction means any construction, improvements, demolition or alterations, including, without limitation, the installation of voice and data cabling, full height, moveable partitions ("highwall"), tenant improvements and installation of tenant fixtures, performed pursuant to this Section 7(b), commenced prior to October 1, 1999, but shall not include nonattached fixtures or equipment of Tenant such as computers, telephones or telephone switches or furniture or appliances which are not fixtures, artwork or graphics, or design, consulting or moving services. Tenant shall pay Landlord's representatives (as designated by Landlord) a construction management fee equal to 2.5% of all costs for materials and labor required for all Hard Construction, up to but not exceeding the total of all Tenant Allowance Amounts pertaining to Hard Construction (the "Construction Management Fee"). To the extent that Tenant is entitled to receive same as a portion of the Tenant Allowance Amounts, the Construction Management Fee shall be paid to Landlord's representative on behalf of Tenant directly by Landlord upon receipt by Landlord from Landlord's representative of an inspection report regarding the work to which such portion of the Construction Management Fee pertains and any other matters reasonably required by Landlord. Notwithstanding anything in this Section 7 to the contrary, a) Tenant shall not be entitled to any Tenant Allowance Amounts for, and Landlord shall not be obligated to make any payment to Tenant with respect to, any of the types expenditures by Tenant described in (3) or (4) above or with respect to expenditures for furniture or furniture systems (collectively, the "Limited Tenant Categories"), to the extent that any such disbursement or payment by Landlord would cause the total amount paid or disbursed by Landlord for any or all of such types of expenditures to exceed, in the aggregate, $1,130,484.60, (b) other than with respect to the Small Expenditure Items not of the described in subsection 7(b)A(v), all plans (except with respect to the No Plan Required Items) and specifications and all construction contracts pertaining to any Reimbursable Tenant Expenditures must be previously approved in writing by Landlord (or deemed approved as hereinbefore provided) prior to any related construction, and (c) Tenant shall not request and Landlord shall have no obligation to fund (i) more than one (1) disbursement of Reimbursable Tenant Expenditures in any thirty (30) day perio...
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Examples of Hard Construction in a sentence

  • The overall utilization goal for M/W/DBE/ESB is twenty-two percent (22%) of the Hard Construction costs for the project, with a further goal that at least twelve percent (12%) of this overall utilization goal be M/DBE firms and at least five percent (5%) of this overall utilization goal be WBE.

  • Costs not directly related to the construction of an improvement, such as profit, overhead, administration or taxes, or other professional services shall not be considered as part of the Hard Construction Costs.

  • Except as specifically limited in this Loan Agreement, prior to the Construction Line Funding Termination Date, Borrower shall have the right to borrow, repay and re-borrow on a revolving basis an amount not to exceed Three Million Five Hundred Thousand and no/100 Dollars ($3,500,000.00) that may be outstanding at any one time for the Hard Construction costs pursuant to the Budget for Units for which the Lender has issued a Construction Loan Commitment.

  • Costs not directly related to the construction of an improvement, such as overhead, administration or taxes, or other professional services shall not be considered as part of the Hard Construction Costs.

  • In the event Landlord fails to obtain financing from a commercial bank or other third party lender reasonably acceptable to Landlord and the estimate of Hard Construction Costs exceeds Landlord’s Contribution, Tenant and Landlord shall enter into an escrow agreement with a mutually agreed upon third party whereby Tenant shall escrow the excess cost of the Hard Construction Costs before the commencement of construction of the Improvements.

  • Upon Tenant’s receipt of a commitment from its lender to finance the Hard Construction Costs (less Landlord’s Contribution), Tenant shall forward same to Lender.

  • The construction of the Minimum Improvements will require a total investment of approximately $5,000,000, which includes $3,500,000 for Hard Construction Costs and $1,500,000 for Soft Construction Costs.

  • Expend or cause to be expended at least Sixty Million Dollar and Zero Cents ($60,000,000.00) in Total Development Costs on the Phase 1 Improvements, of which at least Fifty-Six Million Dollars and Zero Cents ($56,000,000.00) must be expended on Hard Construction Costs.

  • Hard Construction Costs shall mean direct contractor costs for labor, material, equipment, and services associated with the Project, contractors’ overhead and profit, and other direct construction costs.

  • Tenant shall pay Landlord’s managing agent a construction supervision fee (the "Construction Supervision Fee") equal to the lesser of (i) one percent (1.0%) of the Hard Construction Costs (hereinafter defined) or (ii) one percent (1.0%) of the Construction Allowance, which fee shall be deducted from the Construction Allowance.

Related to Hard Construction

  • New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

  • The constructional plant means all appliances, tools, plants or machinery or whatsoever nature required in or about the execution, completion or maintenance of the works but does not include materials or other things intended to form part of the permanent work.

  • Building construction means any physical activity on the site involved in the erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

  • Completion of Construction means all the construction is complete except for minor weather-related components and conforms to the approved plans and specifications and change orders.

  • Horizontal construction means the construction of any fixed work, including any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.