Common use of Construction Consultant Clause in Contracts

Construction Consultant. The Administrative Agent (on behalf of the Lenders) reserves the right to employ the Construction Consultant and any other consultants necessary, in the Administrative Agent’s reasonable judgment, to review Requests for Loan Advance and inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expense. Borrower shall make available to the Administrative Agent and the Construction Consultant on reasonable notice during business hours, all documents and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation to substantiate the costs to be paid with the proceeds of any Request for Loan Advance) which any contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best efforts to obtain any further documents or information reasonably requested by the Administrative Agent or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower acknowledges and agrees that the Construction Consultant shall have no responsibilities or duties to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the Lenders. No default of Borrower will be waived by an inspection by the Administrative Agent or the Construction Consultant. In no event will any inspection by the Administrative Agent or the Construction Consultant be a representation that there has been or will be compliance with the Plans and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative Agent, and Borrower shall not be a third-party beneficiary thereof. Any and all reports, advice or other information provided by the Construction Consultant to the Administrative Agent and/or the Lenders or otherwise produced by or in the possession of the Construction Consultant shall be confidential and Borrower shall have no right to obtain or review same.

Construction Consultant. The Administrative Agent (shall have the right to retain, at Borrower's expense, a Construction Consultant to review and advise Administrative Agent with respect to all construction documents, change orders, governmental permits and approvals, governmental agency filings, and other matters related to the design, construction, operation and use of the Project, to monitor the progress of the development and construction of the Project, and to review on behalf of Administrative Agent all Draw Requests submitted by Borrower. Borrower acknowledges that (a) the Construction Consultant has been retained by Administrative Agent to act as a consultant, and only as a consultant, to Administrative Agent and the Lenders in connection with the development of the Project, (b) the Construction Consultant shall in no event have any power or authority to make any decision or to give any approval or consent or to do any other thing which is binding upon Administrative Agent or the Lenders, and any such purported decision, approval, consent or act by the Construction Consultant on behalf of Administrative Agent shall be void and of no force or effect, (c) Administrative Agent and the Lenders reserve the right to make any and all decisions required to be made by Administrative Agent and the Lenders, respectively, under this Agreement, in their sole and absolute discretion, and without in any instance being bound or limited in any manner whatsoever by any opinion expressed or not expressed by the Construction Consultant to Administrative Agent, any Lender or any other Person with respect thereto, and (d) Administrative Agent reserves the right in its sole and absolute discretion to employ replace the Construction Consultant with another inspector at any time and without prior notice to or approval by Borrower. Borrower will cooperate with the Construction Consultant and any other consultants necessary, in will furnish the Administrative Agent’s reasonable judgment, Construction Consultant whatever the Construction Consultant considers necessary or useful to review Requests for Loan Advance and inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expenseperform its duties. Borrower shall make available (a) cause the Architect, Engineer, and the General Contractor to meet monthly (or less frequently if approved by Administrative Agent) with the Construction Consultant to review the progress of construction to date and to review requests for disbursement of any Borrower's Deposit and Loan proceeds, and (b) provide to Administrative Agent monthly, even during the funding of construction from equity, a certificate from Borrower, the Architect and the Construction Consultant on reasonable notice during business hours, all documents in form and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation substance satisfactory to substantiate the costs to be paid with the proceeds Administrative Agent. The duties of any Request for Loan Advance) which any contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best efforts to obtain any further documents or information reasonably requested by the Administrative Agent or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower acknowledges run solely to Administrative Agent, and agrees that the Construction Consultant shall have no obligations or any responsibilities or duties whatsoever to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the Lenders. No default of Borrower will be waived by an inspection by the Administrative Agent or the Construction Consultant. In no event will any inspection by the Administrative Agent Architect or the Construction Consultant be a representation that there has been General Contractor or will be compliance with to any of their agents or employees. Unless prohibited by applicable law, the Plans fees, costs and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect expenses of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative Agent, and Borrower shall not be a third-party beneficiary thereof. Any and all reports, advice or other information provided paid by the Construction Consultant to the Administrative Agent and/or the Lenders or otherwise produced by or in the possession of the Construction Consultant shall be confidential and Borrower shall have no right to obtain or review sameBorrower.

Construction Consultant. The Administrative Agent (on behalf of the Lenders) reserves the right to employ the Construction Consultant and any other consultants necessary, in the Administrative Agent’s reasonable judgment, to review Requests for Loan Advance and inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expense. Borrower shall make available to the Administrative Agent and the Construction Consultant on reasonable notice during business hours, all documents and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation to substantiate the costs to be paid with the proceeds of any Request for Loan Advance) which any contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best efforts to obtain any further documents or information reasonably requested by the Administrative Agent or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower Xxxxxxxx acknowledges and agrees that the Construction Consultant shall have no responsibilities or duties to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the Lenders. No default of Borrower will be waived by an inspection by the Administrative Agent or the Construction Consultant. In no event will any inspection by the Administrative Agent or the Construction Consultant be a representation that there has been or will be compliance with the Plans and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative Agent, and Borrower shall not be a third-party beneficiary thereof. Any and all reports, advice or other information provided by the Construction Consultant to the Administrative Agent and/or the Lenders or otherwise produced by or in the possession of the Construction Consultant shall be confidential and Borrower shall have no right to obtain or review same.

Construction Consultant. The Administrative Agent (on behalf of the Lenders) Lender reserves the right to employ the Construction Consultant and any other consultants necessary, in the Administrative AgentLender’s reasonable judgment, to review Requests for Loan Advance and inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expense. Borrower shall shall, to the extent in Borrower’s possession or control, make available to the Administrative Agent Lender and the Construction Consultant on reasonable notice during business hourshours and to the extent required by the Loan Documents, all documents and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation to substantiate the costs to be paid with the proceeds of any Request for Loan AdvanceRequest) which any contractor Contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best commercially reasonable efforts to obtain any further documents or information reasonably requested by the Administrative Agent Lender or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower acknowledges and agrees that the Construction Consultant shall have no responsibilities or duties to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the LendersLender. No default of Borrower will be waived merely by an inspection by the Administrative Agent Lender or the Construction Consultant. In no event will any inspection by the Administrative Agent Lender or the Construction Consultant be a representation that there has been or will be compliance with the Plans and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative AgentLender, and no Borrower shall not be a third-party beneficiary thereof. Any and all reports, advice or other information provided by the Construction Consultant to the Administrative Agent and/or the Lenders Lender or otherwise produced by or in the possession of the Construction Consultant shall be confidential and confidential, except that Borrower shall have no the right to obtain or reasonably request and review samesame from time to time.

Construction Consultant. The Administrative Agent (on behalf of the Lenders) reserves the right to employ the Construction Consultant and any other consultants necessary, in the Administrative Agent’s reasonable judgment, to review Requests for Loan Advance and inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expense. Borrower shall make available to the Administrative Agent and the Construction Consultant on reasonable notice during business hours, all documents and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation to substantiate the costs to be paid with the proceeds of any Request for Loan Advance) which any contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best commercially reasonable efforts to obtain any further documents or information reasonably requested by the Administrative Agent or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower acknowledges and agrees that the Construction Consultant shall have no responsibilities or duties to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the Lenders. No default of Borrower will be waived by an inspection by the Administrative Agent or the Construction Consultant. In no event will any inspection by the Administrative Agent or the Construction Consultant be a representation that there has been or will be compliance with the Plans and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative Agent, and Borrower shall not be a third-party beneficiary thereof. Any and all reports, advice or other information provided by the Construction Consultant to the Administrative Agent and/or the Lenders or otherwise produced by or in the possession of the Construction Consultant shall be confidential and Borrower shall have no right to obtain or review same.

Construction Consultant. The Administrative Agent (on behalf of the Lenders) reserves the right to employ the Construction Consultant and any other consultants necessary, in the Administrative Agent’s 's reasonable judgment, to review Requests for Loan Advance and Advance, inspect all construction and the periodic progress of the same, the reasonable cost therefor to be borne by Borrower as a loan expense. Borrower shall make available to the Administrative Agent and the Construction Consultant on reasonable notice during business hours, all documents and other information (including, without limitation, receipts, invoices, lien waivers and other supporting documentation to substantiate the costs to be paid with the proceeds of any Request for Loan Advance) which any contractor or other Person entitled to payment for Construction Work is required to deliver to Borrower and shall use its best commercially reasonable efforts to obtain any further documents or information reasonably requested by the Administrative Agent or the Construction Consultant in connection with any Loan or the administration of this Agreement. Borrower acknowledges and agrees that the Construction Consultant shall have no responsibilities or duties to Borrower, and shall be employed solely for the benefit of the Administrative Agent and the Lenders. No default of Borrower will be waived by an inspection by the Administrative Agent or the Construction Consultant. In no event will any inspection by the Administrative Agent or the Construction Consultant be a representation that there has been or will be compliance with the Plans and Specifications or that the Construction Work is free from defective materials or workmanship. Any and all provisions of this Agreement in respect of the Construction Consultant shall be enforceable solely by, and at the option of, the Administrative Agent, and Borrower shall not be a third---party beneficiary thereof. Any and all reports, advice or other information provided by the Construction Consultant to the Administrative Agent and/or the Lenders or otherwise produced by or in the possession of the Construction Consultant shall be confidential and Borrower shall have no right to obtain or review same. Authorization to Make Loan Advances to Cure Borrower's Defaults. If an Event of Default shall occur and be continuing, Administrative Agent (subject to the provisions of Section 13.03) may (but shall not be required to) perform any of such covenants and agreements with respect to which Borrower is in Default and of which Administrative Agent has notified Borrower. Any amounts expended by Administrative Agent in so doing and any amounts expended by Administrative Agent in connection therewith shall constitute a Loan and be added to the Outstanding Principal Amount, and the Lenders shall make the applicable Loans to fund any such disbursements. The authorization hereby granted is irrevocable, and no prior notice to or further direction or authorization from Borrower is necessary for Administrative Agent to make such disbursements. Administrative Agent's Right to Make Loan Advances in Compliance with the Completion Guaranty and Development Agreement Guaranty. Any Loan proceeds disbursed by Administrative Agent as contemplated by Section 2 of the Completion Guaranty and Development Agreement Guaranty (whether the applicable work is being performed by the Guarantor or Administrative Agent) shall constitute a Loan and be added to the Outstanding Principal Amount, and the Lenders shall make the applicable Loans to fund any such disbursements. The authorization hereby granted is irrevocable and no prior notice to or further direction or authorization from Borrower is necessary for Administrative Agent to make such disbursements. No Third--Party Benefit. This Agreement is solely for the benefit of the Lenders, Administrative Agent and Borrower. All conditions of the obligations of the Lenders to make advances hereunder are imposed solely and exclusively for the benefit of the Lenders and may be freely waived or Modified in whole or in part by the Lenders at any time if in their sole discretion they deem it advisable to do so, and no Person other than Borrower (provided, however, that all conditions have been satisfied) shall have standing to require the Lenders to make any Loan advances or shall be a beneficiary of this Agreement or any advances to be made hereunder.