Acceptance of the Improvements Clause Samples

The 'Acceptance of the Improvements' clause defines the process by which the recipient of construction or development work formally acknowledges that the completed improvements meet the agreed-upon specifications and standards. Typically, this involves an inspection or review period during which the recipient can identify any deficiencies or request corrections before providing final approval. This clause ensures that both parties have a clear understanding of when the work is considered complete and accepted, thereby reducing disputes over quality and establishing a clear point at which responsibility for the improvements transfers from the contractor to the owner.
Acceptance of the Improvements. With respect to any of the Improvements to be dedicated to the Town, the Town shall not accept the Improvements or maintenance responsibility for the Improvements unless and until all of the following have occurred: The Improvements have been completed in accordance with paragraph 8 of this Agreement. The Improvements and the right-of-way in which the Improvements are located have been dedicated or conveyed to the Town. The Town by formal action has accepted dedication or conveyance of the Improvements and the right-of-way in which they are located.
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Acceptance of the Improvements. With respect to any of the Improvements to be dedicated to the Town, the Town shall not accept the Improvements or maintenance responsibility for the Improvements unless and until all of the following have occurred: 8.1 The Improvements have been completed in accordance with Section 7 of this Agreement. 8.2 The Improvements, and the rights-of-way and easements in which the Improvements are located, have been dedicated or conveyed to the Town. 8.3 The Town has, by formal action, accepted dedication or conveyance of the Improvements, and the rights-of-way and easements in which they are located. 8.4 The Town Engineer has acknowledged in writing that all related private improvement agreements and permits have been satisfactorily completed.
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Acceptance of the Improvements. The Town shall not accept maintenance responsi- bility for the portion of Joplin Lane improved by the Developer Joplin Lane Construction Obligation unless and until all of the following have occurred: (i) The Developer Joplin Lane Construction Obligation has been completed in ac- cordance with paragraph 6(C) of this Agreement. (ii) The improvements constituting the Developer Joplin Lane Construction Obliga- tion and the right-of-way in which the improvements are located have been dedicated or conveyed to the Town. (iii) The Town by formal action has accepted dedication or conveyance of the im- provements constituting the Developer Joplin Lane Construction Obligation and the right-of-way in which they are located.
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Related to Acceptance of the Improvements

  • Construction of the Improvements (a) Prior to ▇▇▇▇▇▇’s execution of the construction contract (the “Contract”) with a general contractor to be selected by ▇▇▇▇▇▇ and approved by Landlord (“Contractor”), Tenant shall submit the Contract to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall advise Tenant as soon as reasonably practical, and in all events, within ten (10) business days after ▇▇▇▇▇▇▇▇’s receipt of the Contract if the same is unsatisfactory or incomplete in any respect in ▇▇▇▇▇▇▇▇’s commercially reasonable discretion. If Tenant is so advised, Tenant shall promptly revise the Contract in accordance with such review and any such disapproval of Landlord in connection therewith. Prior to the commencement of the construction of the Improvements, and after Tenant has accepted all bids for the Improvements, Tenant shall provide Landlord with a detailed breakdown, by trade, of the final costs to be incurred or which have been incurred in connection with the design and construction of the Improvements to be performed by or at the direction of Contractor, Tenant or the Construction Manager, which costs form a basis for the amount of the Contract and any other architectural, engineering, design, construction or procurement contracts entered into by or on behalf of Tenant for the design, construction or fit-out of any portion of the Improvements (the “Final Costs”). Prior to the commencement of construction of the Improvements, Tenant shall supply Landlord with cash, an irrevocable letter of credit, or such other financial assurance that is satisfactory to the Landlord in an amount (the “Over- Allowance Amount”) equal to the difference between the amount of the Final Costs and the amount of the Tenant Improvement Allowance. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any of the then remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. In the event that, after the Final Costs have been delivered by Tenant to Landlord, the costs relating to the design and construction of the Improvements shall change, unless, even with such change, the Final Costs are less than the amount of the Tenant Improvement Allowance, any additional costs necessary to such design and construction in excess of the Final Costs, shall be paid by Tenant to Landlord immediately as an addition to the Over-Allowance Amount or at Landlord’s option, Tenant shall make payments for such additional costs out of its own funds, but Tenant shall continue to provide Landlord with the documents described in Section 3.3 below, for Landlord’s approval, prior to Tenant paying such costs. If the total actual costs relating to the design and construction of the Improvements shall be less than the sum of the Tenant Improvement Allowance and the Over-Allowance Amount, and if the Tenant delivered the Over-Allowance Amount in cash, then the Landlord shall reimburse the Tenant for the amount of such difference, but not more than the Over-Allowance Amount. Notwithstanding anything set forth in this Section 3 to the contrary, construction of the Improvements shall not commence until (a) Landlord has approved the Contract, (b) Tenant has procured and delivered to Landlord a copy of all Permits and Approvals, (c) Tenant has delivered to Landlord the Over-Allowance Amount, and (d) MLB PDL shall have provided written confirmation that the Improvements as shown on the Approved Working Drawings would cause the Ballpark to be in compliance with the PDL Facility Standards; provided that the Ballpark’s compliance with the PDL Facility Standards shall only be confirmed after an official audit has been completed of the Ballpark and the Improvements. (b) The parties agree that, for the purpose of achieving cost savings, except for structural alterations to the Ballpark, Tenant may seek bids for and procure the Improvements listed on Exhibit D directly rather than under the Contract through the Contractor and involving the Architect. (c) ▇▇▇▇▇▇’s Construction Manager, Contractor, and all subcontractors, laborers, materialmen, and suppliers used by Tenant (such subcontractors, laborers, materialmen, and suppliers, and the Contractor and Construction Manager to be known collectively as “Tenant’s Agents”) shall construct the Improvements in strict accordance with the Approved Working Drawings. Tenant shall exercise commercially reasonable efforts to cause the Improvements to be completed prior to the 2026 Baseball Season. The Improvements shall comply in all respects with the following: (i) all applicable building codes, and other state, federal, city or quasi-governmental laws, codes, ordinances and regulations, as each may apply according to the rulings of the controlling public official, agent or other person; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and

  • Acceptance of the Premises ‌ 3.1. “As Is” Condition of the Premises‌ The Lessee agrees to lease the Premises in their existing “as is” condition and acknowledges that in entering into this Lease, the Lessee does not rely on, and the Lessor does not make, any express or implied representations or warranties as to any matters, including any characteristics of the Premises or Improvements thereon, the suitability of the Premises for the intended use, the likelihood of deriving trade from or other characteristics of the Park Area, the economic or programmatic feasibility of the Lessee’s use and occupancy of the Premises, or Hazardous Materials on or in the vicinity of the Premises.

  • Acceptance of the Work 19.1 No act of, or failure to act by, the Owner or the OWNER'S REPRESENTATIVE during the course of the Work, nor any extension of time for the completion of the Work, shall be regarded as an acceptance of such Work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the Final Payment by the Owner to Contractor. Before any final certificate shall issue, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of Work done and materials furnished under this Contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this Contract by the Owner or anyone acting on Owner's behalf shall be held as a waiver of any other subsequent breach thereof. 19.2 Contractor agrees to guarantee all work under this Contract for a period of one year from the date of Final Payment by the Owner or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required under terms of Owner’s conditional acceptance of elements of the Work the Owner deems marginally substandard. If any unsatisfactory condition or damage develops within the time of this guarantee period due to materials or workmanship that are defective, inferior, or not in accordance with the Contract, as reasonably determined by the Owner or the OWNER’S REPRESENTATIVE, then the Contractor shall, when notified by the Owner or OWNER’S REPRESENTATIVE, immediately place such guaranteed Work in a condition satisfactory to the Owner or OWNER’S REPRESENTATIVE. Such guarantee shall be in addition to any implied warranty under law or other manufacturer’s or product supplier’s warranty. The provisions of this Article apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor, and are in addition to any other remedies or warranties provided by law.

  • Lessee Improvements (a) Lessor and Lessee agree that the Lessee Improvements described in subparagraph (b) below (the "Lessee Improvements") shall be completed by Lessee on or before October 1, 2002. (b) If plans and specifications (collectively the "Plans") for Lessee Improvements are not attached hereto at the time of execution of this Lease, Lessee shall provide such Plans to Lessor within thirty (30) days prior to the date any such Lessee Improvements are to be commenced pursuant to this Lease. Upon receipt of such Plans, Lessor shall have ten (10) days in which to either approve such Plans or provide Lessee with Lessor's objections and comments. If Lessor objects to such Plans, Lessee shall promptly make necessary changes and provide Lessor with such revised Plans within twenty (20) business days after receipt of Lessor's objections and comments. In the event Lessor and Lessee approve the Plans, Lessee shall promptly undertake the construction of the Lessee Improvements and diligently pursue to completion such Lessee Improvements. (c) In the event the Plans for the Lessee Improvements have not been completed and approved by both Lessor and Lessee by the close of business on October 1, 2002, this Lease, at the option of either Lessor or Lessee by written notice to the other, may be terminated and upon the delivery of such notice, neither Lessor nor Lessee shall have any furth rights or obligations hereunder; provided, however, any such termination notice must be receivJ by either Lessor or Lessee by no later than November 1, 2002 in order to be effective. (d) The construction of the Lessee Improvements shall be in compliance with all applicable laws including, but not limited to, building codes, zoning regulations, compliance with the Americans with Disabilities Act and any other federal, state or local laws (the "Applicable Laws") and shall be the sole responsibility of Lessee. Incidental to Lessee's obligation to comply with the terms and conditions set forth in this Exhibit D, Lessor and Lessee do hereby agree as follows: (i) Any changes or modifications Lessee desires to make to the Plans shall be subject to Lessor's prior written approval; (ii) Lessee agrees that its contractors will perform and provide the work and materials to construct the Lessee Improvements in accordance and compliance with all Applicable Laws; and (iii) Upon completion of the Lessee Improvements and within five (5) business days after demand by Lessor, Lessee shall deliver to Lessor (x) final releases of liens from contractors performing the work or providing the materials for the Lessee Improvements and from any lienors giving written notice as provided under Applicable Laws, (y) a final contractor's affidavit from the general contractor in accordance with Applicable Laws or customary practice, and (z) any supporting documentation regarding final completion and payment of the costs of the Lessee Improvements reasonably requested by Lessor. 2. Prior to commencement of any work on the Lessee Improvements, either Lessee or its contractor shall obtain the following insurance, at Lessee's own expense, with carriers admitted to do business in the state in which the Premises are located and holding a Best's Rating of A-6 or better: (a) Workers' Compensation and Employer's Liability Insurance - Statutory Workers' Compensation Insurance Employer's Liability Insurance with limits of $1,000,000 each accident, all employees, and disease. (b) Commercial General Liability Insurance (1986 ISO form or the equivalent) with minimum limits of: Combined Single Limit Bodily Injury & Property Damage combined: $2,000,000 each occurrence $2,000,000 general aggregate-each project and/or location (c) Business Automobile Liability Insurance with limits of: Single Limit Bodily Injury & Property Damage combined: $1,000,000 each accident This insurance should cover all owned, non-owned or hired automobiles to be used in furtherance of work. (d) Builder's Risk on the cost of the Lessee Improvements. Certificates of Insurance evidencing the above coverages shall be submitted to and approved by Lessor prior to commencement of work on the Lessee Improvements. (a) Lessee shall keep the Premises and the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Lessee. Should any claim of lien or other lien be filed against the Premises or the Building by reason of any act or omission of Lessee or any of Lessee's agents, employees, contractors or representatives, then Lessee shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Lessee fail to discharge such lien within such thirty (30) day period, then Lessor may discharge the same, in which event Lessee shall reimburse Lessor, on demand, as additional rent, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Lessor and interest at the maximum rate permitted by law in connection therewith. The remedies provided herein shall be in addition to all other remedies available to Lessor under this Lease or otherwise. Lessee shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Lessor, or any interest of Lessor in the Premises or the Building. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE PREMISES OR THE BUILDING. (b) Lessee and its contractor agree to defend, indemnify and hold harmless Lessor from all loss, liability, claims and expense, including, but not limited to, reasonable attorneys' fees, arising from property damage or bodily injury, including, but not limited to, death to any person or persons, caused in whole or in part by the negligence or misconduct of Lessee or its contractor or their agents, employees or subcontractors, except to the extent that any of such is caused by the gross negligence or willful misconduct of Lessor. Lessee shall provide to the Lessor the Lessee contractor's agreement to so defend, indemnify and hold harmless the Lessor. 4. Provided that Lessee has (a) completed the Lessee Improvements and occupied the Premises, (b) complied with the terms and conditions set forth in the Lease and the construction of Lessee Improvements is in accordance with the Plans and in compliance with Applicable Laws, and (c) provided Lessor with (i) a copy of all bills or invoices and lien waivers, with respect to all of the Lessee Improvements, and (ii) a copy of a Certificate of Occupancy or other appropriate document acceptable to Lessor, then, upon the occurrence of all of such events, Lessor shall pay to Lessee an amount of up to but not in excess of $10.00 per rentable square foot in the Premises (the "Lessee's Allowance"). However, in the event Lessee does not spend $10.00 per rentable square foot or more on the Lessee Improvements, any of the Lessee's Allowance not used by Lessee shall be forfeited and not payable by Lessor. All costs of the Lessee Improvements in excess of $10.00 per rentable square foot shall be paid by Lessee and Lessor shall have no liability with respect thereto. During construction of the Lessee Improvements, Lessor, or its designated representative, shall have the right to inspect construction of the Lessee Improvements; and Lessee understands and agrees that any inspection by Lessor or its designated representatives shall not impose upon Lessor any liability or responsibility with respect to whether or not such Lessee Improvements have been constructed in accordance with the Plans or Applicable Laws. 5. Notwithstanding any provision in the Lease to the contrary, Lessor and Lessee specifically agree that (i) Lessee, provided it has obtained the insurance coverages set forth in paragraph 2. above, shall have access to the Premises in order for Lessee or its contractor to commence the Lessee Improvements, and (ii) Rent shall commence on October 1, 2002.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.