Conditions to Commencement of Construction Sample Clauses
Conditions to Commencement of Construction. Notwithstanding anything contained herein to the contrary, in no event shall the construction of any Improvements comprising any portion of the Hotel Project be commenced until all of the following conditions (the "Conditions to Commencement of Construction") have been fully satisfied or waived by Landlord with respect to such portion of the Hotel Project:
(i) There exists no Event of Default;
(ii) Constructing Party shall have sufficient dedicated funds to complete the Hotel Project, which may consist of or include committed debt or equity;
(iii) Caesars Resort Collection, LLC or another Person reasonably approved by Landlord shall have executed a completion guaranty, in form and substance reasonably approved by Landlord, under which such guarantor shall guarantee the Final Completion of such portion of the Hotel Project in accordance with the terms of this Lease;
(iv) Landlord shall have approved (or deemed to have approved) the Schematic Plans, the Design Development Plans and the Construction Plans for such portion of the Hotel Project in accordance with Section 10.2(b) above;
(v) Constructing Party shall have obtained all licenses, permits and approvals required by law for the construction of any Improvements that are to be constructed in connection with such portion of the Hotel Project;
(vi) Constructing Party shall have executed the construction contract or contracts for such portion of the Hotel Project in accordance with the requirements of Section 10.2(f) above, which contract or contracts shall comply with the disadvantaged business entity requirements of the City;
(vii) Constructing Party shall have obtained a performance and payment bond for such portion of the Hotel Project in accordance with the requirements of Section 10.2(f) above, with all premiums paid; and
(viii) Constructing Party shall have obtained all insurance required by Article XIII hereof. Following the satisfaction or waiver of all of the Conditions to Commencement of Construction with respect to a portion of the Hotel Project, Constructing Party shall deliver the following to Landlord: (A) reasonable written evidence that Constructing Party has sufficient dedicated funds to complete the Hotel Project (which may consist of or include committed debt or equity), as described in clause (ii) above; (B) a complete copy of the completion guaranty described in clause (iii) above; (C) complete copies of the licenses, permits and approvals described in clause (v) above; (D) complete co...
Conditions to Commencement of Construction. None of City, Club nor BSD shall be obligated to commence physical construction of the Venue Improvements Work or the Air Rights Improvements Work until the conditions in Section 3.2.1 through Section 3.2.10 (the “Conditions to Commencement”) are satisfied or waived, such conditions to be satisfied on or before the respective dates set forth below, and in any event on or before commencement of physical construction of the Venue Improvements Work and Air Rights Improvements Work. City, Club and BSD shall execute a written confirmation when the Conditions to Commencement are satisfied and specify such date as the “Construction Commencement Date.” City, Club and BSD acknowledge and agree that the timeframes within which each of the Conditions to Commencement are to be satisfied shall be implemented toward the goals, to the extent commercially reasonable and in accordance with Applicable Law, that City achieves Substantial Completion of the Venue Improvements Work on or before the Substantial Completion Deadline (as the same may be extended by an Excusable Delay Period) and the City delivers the Air Rights Infrastructure on or before the Air Rights Infrastructure Delivery Date (as the same may be extended by an Excusable Delay Period). The Party benefitted by a condition may approve or disapprove such condition in its absolute discretion, except as otherwise expressly provided herein, and shall in no event have any liability for its disapproval of any condition for its benefit.
Conditions to Commencement of Construction. The Design-Builder shall not commence any construction activities (or recommence construction activities following any suspension) for any portion of the Project until all the following conditions have been fully satisfied with respect to the Construction Work proposed to be constructed: • The Design-Builder has issued RFC Documents for such portion of the Project and (i) the Review and Comment process for such documents has been completed or (ii) the Authority has conditionally allowed the Design-Builder to continue with the Work related to the documents notwithstanding that the Approval or Review and Comment process (as applicable) has not been completed, provided that the Design-Builder address any comments provided by the Authority within the timeframe set by the Authority; • All Governmental Approvals necessary for such Construction Work have been obtained and all conditions of such Governmental Approvals that are a prerequisite to commencement of such construction have been performed; • All insurance policies and bonds required to be delivered to the Authority hereunder have been submitted to the Authority as applicable and remain in full force and effect; • All necessary rights of access for such portion of the Project have been obtained; • Any additional conditions for construction set forth in the Contract Documents have been satisfied; and • The Authority and the Design-Builder have executed the Amendment/NTP or a Work Package Authorization.
Conditions to Commencement of Construction. Except to the extent expressly permitted in writing by TxDOT in its sole discretion, DB Contractor shall not commence construction of the Project or applicable portion thereof until TxDOT issues NTP2, and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DB Contractor.
(d) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. All insurance policies required under Section 9 have been obtained and are in full force and effect, and DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(e) DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved the Project Management Plan. DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or DBC Documents, in the form and content required by the Project Management Plan or DBC Documents.
(f) DB Contractor has adopted written policies establishing ethical standards of conduct for all DB Contractor-Related Entities, including DB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and (b) employment relations, in accordance with Section 7.8.
(g) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(h) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4..
(i) DB Contractor and TxDOT shall have completed a joint...
Conditions to Commencement of Construction. In no event shall Lessee commence any construction on the Property until the following conditions have been satisfied or waived by Lessor, in addition to other conditions and requirements imposed by this Lease:
a. Lessee has obtained building permits and all other governmental approvals necessary for the construction of the improvements.
b. Lessee has sufficient funds, or has obtained adequate financing, necessary for construction of any such improvements.
Conditions to Commencement of Construction. Tenant shall have submitted to Landlord in writing its good faith estimate of the anticipated total construction costs of the Additional Construction. If such good faith estimate exceeds One Million Dollars ($1,000,000), Tenant shall also submit evidence reasonably satisfactory to Landlord of Tenant’s ability to pay such costs as and when due.
Conditions to Commencement of Construction. Before construction of the aforesaid improvements is commenced on the Premises, and before any building materials have been delivered thereto by or pursuant to the authority or request of the Tenant, the Tenant shall comply with the following conditions, or obtain the Landlord's written waiver thereof:
Conditions to Commencement of Construction. Prior to issuance of construction permits or commencement of construction,
(i) all conditions of the Approval applicable to construction of the Project shall be satisfied, the Plans shall be signed accepted by the Township, and all construction cost estimates, performance guarantees, inspection fees and other required fees and contributions shall be posted with the Township;
(ii) all governmental permits required to be issued as a condition precedent to issuance of a construction permit or to commencement of construction shall be obtained, and the conditions of approval of those permits shall be satisfied as well; and
(iii) the Developer shall supply the Township Clerk and Zoning Board Secretary with a recorded copy of all documents which must be recorded in conjunction with the Approval, if applicable. In addition, prior to issuance of zoning, development and construction permits, the Township Engineer must certify, in writing, and the Zoning Officer must find that all conditions of the Approval are satisfied, including, but not limited to, the grant of authority to the Township (at no cost) to exercise jurisdiction over the entire Project under Title 39 of New Jersey Statutes (should the Township wish to receive such authority).
Conditions to Commencement of Construction. Tenant shall satisfy the following conditions in accordance with the time schedule set forth in the Schedule of Performance and in no event shall Tenant commence any construction on the Improvements until the following conditions have been satisfied or waived by Landlord, in addition to other conditions and requirements imposed by this Lease:
(1) Tenant shall have obtained all permits and other governmental approvals necessary to commence such construction; and
(2) If Tenant intends to employ a general contractor for the construction of the Improvements, Tenant shall have entered into a complete and binding contract which such general contractor and said contract shall be required to comply with all applicable Governmental Requirements.
Conditions to Commencement of Construction. Commencement of Construction may not occur until each of the following has occurred: