Approval of Change Orders. To permit no deviations from the Plans and Specifications during construction without the prior written approval of Lender.
Approval of Change Orders. Except as provided in this Section 3.15, Borrowers will not amend, alter or change (pursuant to Change Order, amendment or otherwise) the Plans and Specifications, the Loan Budget or any Major Contract unless the same shall have been approved in advance in writing by Lender, by all applicable Governmental Authorities and by each surety under the Payment and Performance Bonds (if required thereunder). Borrowers will provide to Lender upon execution, copies of approved Change Orders with respect to any Major Contract. Notwithstanding the foregoing, Borrowers shall be allowed to make changes in the Plans and Specifications without the consent of Lender upon and subject to all of the following conditions and requirements:
Approval of Change Orders. Borrower shall permit no deviations (and shall cause Mortgage Borrower not to permit any deviations) from the Plans and Specifications during construction without the prior approval of Lender which approval shall not be unreasonably withheld conditioned or delayed; provided, however, that Borrower may or may allow Mortgage Borrower to make changes without Lender’s prior approval so long as (a) such changes do not exceed ten percent (10%) of the amount of the applicable contract, (b) such changes do not exceed in the aggregate $1,200,000.00, (c) such changes do not cause any Line Item in the Project Cost Budget to be exceeded (after taking into account use of the Building Loan Contingency to the extent permitted under and reallocations under Section 2.1.7(a) of the Building Loan Agreement, reallocations attributable to cost savings under Section 2.1.7(b) of the Building Loan Agreement, and other reallocations approved by Lender in its sole discretion), (d) Borrower uses reasonable efforts to deliver, or to cause Mortgage Borrower to deliver, to Lender and Construction Consultant prior notice of such change orders or, if Borrower is unable to deliver prior notice, Borrower shall, or shall cause Mortgage Borrower to submit to Lender and Construction Consultant copies of all change orders entered into with respect to the Project Improvements within fifteen (15) days after the same are entered into, irrespective of whether the same require the prior approval of Lender and Construction Consultant pursuant to this Agreement and/or the Building Loan Agreement, and (e) such changes will not materially change the net rentable square feet of commercial space to be contained in the Improvements or the net rentable or saleable square feet of residential space to be contained in the Improvements, or the basic layout of the Improvements, or involve the use of materials, furniture, fixtures and equipment that will not be at least equal in quality to the materials, furniture, fixtures and equipment originally specified in or required by the approved Plans and Specifications, and (f) such changes are non-material field changes, which do not affect the scope of the Project Improvements. If Lender’s approval is necessary with respect to any change order, Borrower shall give Lender a written request for such approval. If Lender fails to either approve or disapprove of such request within five (5) days of receipt thereof, such change order shall be deemed approved if Lender fai...
Approval of Change Orders. Developer shall not be required to obtain Authority Executive Director approval of any change orders or other revisions or modifications to the Construction Drawings, so long as each change order, revision, or modification is consistent with the approved Basic Concept Drawings does not cause any value engineering not previously authorized by Authority and does not affect materially the design, materials, and architectural quality and integrity of Phase I, except that Developer shall be required to obtain Authority Executive Director approval to the extent such change order, revision, or modification will result in a cost adjustment which, cumulatively with all other change orders, revisions, and modifications, exceeds the amount set forth as the contingency line item in the approved Final Budget for Phase I. Notwithstanding the immediately preceding sentence, Authority shall have the right to review any and all material changes, revisions or modifications to the Construction Drawings and/or any and all material change orders to the Construction Contract with the General Contractor which are approved by Developer.
Approval of Change Orders. Tenant shall not be required to obtain Landlord Executive Director approval of any change orders or other revisions or modifications to the Construction Drawings, so long as each change order, revision, or modification is consistent with the approved Design Development Drawings does not cause any value engineering not previously authorized by Landlord and does not affect materially the design, materials, and architectural quality and integrity of Phase A of the Project, except that Tenant shall be required to obtain Landlord Executive Director approval to the extent such change order, revision, or modification will result in a cost adjustment which, cumulatively with all other change orders, revisions, and modifications, exceeds the amount set forth as the contingency line item in the approved Final Budget for Phase A of the Project. Notwithstanding the immediately preceding sentence, Landlord shall have the right to review any and all material changes, revisions or modifications to the Construction Drawings and/or any and all material change orders to the Construction Contract with the General Contractor for Phase A which are approved by Tenant.
Approval of Change Orders. Developer shall not be required to obtain Authority Executive Director approval of any change orders or other revisions or modifications to the Construction Drawings, so long as each change order, revision, or modification is consistent with the approved Design Development Drawings does not cause any value engineering not previously authorized by Authority and does not affect materially the design, materials, and architectural quality and integrity of the Project, except that Developer shall be required to obtain Authority Executive Director approval to the extent such change order, revision, or modification will result in a cost adjustment which, cumulatively with all other change orders, revisions, and modifications, exceeds the amount set forth as the contingency line item in the approved Final Budget for the Project. Notwithstanding the immediately preceding sentence, Authority shall have the right to review any and all material changes, revisions or modifications to the Construction Drawings and/or any and all material change orders to the Construction Contract with the General Contractor which are approved by Developer. Defects in Development Plans. Neither Authority nor City shall be responsible to Developer or to any third parties in any way for (a) any defects in the Development Plans, (b) any structural or other defects in any work done according to the approved Development Plans, nor (c) any delays caused by the review and approval established by this Section 302. Developer shall hold harmless, indemnify and defend the Indemnitees from and against any claims or suits for damages to property or injuries to persons (including death) arising out of or in any way relating to defects, latent or patent, in the Development Plans, or the actual construction e (3) competitive bids from icit no fewer than thre contractors .8 Selection of Sub ng to the appro Project, including, without ut of or in any way relating work and improvements comprising the Governmental Requirements, or arising o and/or improvements completed accordi limitation, the violation of any to any defects in any work done ved Development Plans. 302 applicable, shall sol . Developer or the General Contractor, as qualified, licensed, insured, and bonded Subcontractors for each portion of the construction work to be separately contracted for by each Developer or the General Contractor, as applicable, and Developer shall select the Subcontractor(s) that have submitted the lowest responsible ...
Approval of Change Orders. DAS shall approve in writing all Change Orders and any expenditure of funds there under before Contractor commences Services pursuant to such Change Orders; provided, however, in the event DAS has then delegated in writing to DHS the authority to enter into a Change Order without DAS approval, no such approval by DAS shall be required, but only to the extent of such delegation. In addition, DOJ shall approve each Change Order and any expenditure of funds thereunder before Contractor commences Services pursuant to such Change Order, unless such Change Order is then exempt from legal sufficiency review and approval under OAR 137-045-0050(2). No payment shall be made on account of Services performed pursuant to a Change Order that is not approved in accordance with this Section.
Approval of Change Orders. To permit, during the construction of the Improvements, no individual deviation from the Plans and specifications which exceeds $5,000.00, and to permit no multiple deviations which, in the aggregate, exceed $10,000.00, without Lender's prior written approval. Notwithstanding the foregoing, no approval of Lender shall be required in connection with changes requested by a purchaser under an approved Sales Contract provided that the purchaser is required to pay Borrower for the cost of all such changes under the terms of such approved Sales Contract. Regardless of amount, Borrower shall submit all change orders to Lender within five (5) days of the submission thereof to the Contractor.
Approval of Change Orders. To permit no material change orders during construction without the prior approval of Lender and the surety company or companies issuing any Payment and Performance Bonds. For the purposes of this Agreement a material change order shall mean a change order which, when added to any previous change orders, if any, increases the cost of construction by more than $50,000.00 individually or $200,000.00 in the aggregate and/or causes a delay in the Completion Date of more than one (1) month.
Approval of Change Orders. To permit no deviations from the Plans and Specifications during construction without the prior approval of Lender and Permanent Lender, except as permitted in Section 4.2 of this Agreement, or in the Permanent Commitment, or in the Tri-Party Agreement.
