Construction and Completion of Improvements Clause Samples

Construction and Completion of Improvements. To Borrower’s knowledge after due investigation and inquiry, the presently existing Improvements have been completed and installed in a good and workmanlike manner, in material compliance with Laws and any plans and specifications previously delivered to Lender. To Borrower’s knowledge after due investigation and inquiry, the Improvements do not contain any urea formaldehyde or asbestos. The Improvements are served by electric, gas, sewer, water, telephone and other utilities required for the present and contemplated uses and operation thereof. Any and all streets, utility lines and off-site improvements, which provide access to the Property or are necessary for its present and contemplated uses, have been completed, are serviceable and have been accepted or approved by appropriate governmental bodies as required.

Construction and Completion of Improvements. A. At no cost or expense to State, County may undertake new construction, reconstruction, alteration, and maintenance to enhance public recreation facilities subject to prior written approval by State. In the event that County desires to make modifications, improvements, or additions to the Premises or any part of the Premises, including changes to structural design, landscape design, or interior or exterior fixtures, design, and/or furnishings, (collectively "Alteration(s)"), written approval by State shall be obtained prior to the commencement of any Alterations. State shall dictate the plan approval process. All modifications and additions shall be made in accordance with State’s standards for construction and completion of improvements. Further, all Alterations shall be made in accordance with State's general planning principles and with all applicable state and federal laws, rules and regulations. B. Once prior approvals, permits, etc. have been received as required herein above, and the work on any Alteration has begun, County shall pursue to completion with reasonable diligence all approved Alterations. All work shall be performed in a professional manner, and will comply substantially with plans and specifications submitted to State as required herein and with all applicable governmental permits, laws, ordinances, and regulations. It shall be the responsibility of County, at its own cost and expense, to obtain all licenses, permits, security, and other approvals necessary for the construction of approved Alterations. County shall comply with public bidding requirements as set forth in the California Public Contract Code. C. For all Alterations erected on the Premises by County, upon completion of construction, County shall (1) record a Notice of Completion, with a copy provided to the State; (2) provide State with a complete set of "as-built" plans for all improvements in a format reasonably acceptable to State; (3) submit evidence that all improvements are clear of any mechanic's liens or stop notices;

Construction and Completion of Improvements. The Improvements have been completed and installed in a good and workmanlike manner, in compliance with the Laws as such term is hereinafter defined. There are no contracts or agreements of any kind, either oral or in writing, now in existence covering labor or materials heretofore furnished or to be furnished in connection with the Property which are incomplete nor is any indebtedness outstanding for labor and materials in connection with the Property.

Construction and Completion of Improvements. Except as may be delayed due to the occurrence of a Force Majeure Event, Borrower will diligently and continuously prosecute the Completion of Construction of the Project in compliance with the Plans. The Plans must have been approved in accordance with applicable zoning ordinances, public and private building and use restrictions applicable to the Land and Improvements in all material respects; and all other Laws, restrictive covenants or requirements of governmental authorities including the Governmental Approvals and those of the appropriate board of fire underwriters or its equivalent, and all other applicable agreements. Borrower will cause (a) Completion of Construction to occur on or before the Required Completion Date, and (b) except as may be delayed due to the occurrence of a Force Majeure Event, the Improvements to be constructed in such a manner and on such a schedule so that at all times during the pendency of the Loan, Inspecting Architect must be of the opinion that the Completion of Construction will occur on or prior to the Required Completion Date. If construction of the Improvements is delayed by reason of the occurrence of a Force Majeure Event, then Borrower shall notify Agent in writing promptly after the Force Majeure Event occurs.

Construction and Completion of Improvements. Borrower shall diligently and continuously prosecute to completion construction of the Project in accordance with the Plans which shall have been approved in the manner and by the parties specified below, and in accordance with applicable zoning ordinances, building and use restrictions applicable to the Land and Improvements and all other Laws, restrictive covenants or requirements of governmental authorities, including, without limitation, the Governmental Approvals and those of the appropriate board of fire underwriters or its equivalent. Borrower shall cause (a) Completion of Construction to occur on or before the Required Completion Date, (b) the Improvements to be constructed in such a manner and on such a schedule so that at all times during the pendency of the Loan, the Inspecting Architect shall be of the opinion that the Completion of Construction will occur on or prior to the Required Completion Date, and (c) the Improvements to be constructed in compliance with all agreements relating to the Project in all material respects.

Construction and Completion of Improvements. Seller shall deliver the Improvements to Buyer so that Buyer may occupy and utilize the Improvements on or before August 1, 1999. If Seller fails to so deliver the Improvements to Buyer on or before August 1, 1999, Seller agrees to be responsible for all additional costs and expenses which Buyer incurs as a result of Seller's failure to timely deliver the Improvements, which costs and expenses will not include Buyer's Rent at the normal charge and rate. Seller agrees that if it is unable to deliver the Improvements to Buyer on or before December 1, 1999, Buyer shall have the right to terminate this Agreement. Seller agrees that Buyer may inspect the Improvements during the course of construction at anytime Buyer requests, on twenty-four hours prior notice to Seller. Seller agrees to cause all construction and other warranties it receives from the subcontractors who will construct the Improvements to be assigned to Buyer. The General Contractor's Warranty will be in the form attached as Exhibit J. The parties agree that the dates set forth herein will be extended during any period in which Seller is unable to continue construction due to "FORCE MAJEURE" items, or to destruction of the Improvements by fire or otherwise, or delays caused by Buyer. Seller warrants that Contractor's Warranty will be enforceable by Buyer and not subject to any defenses at law or equity (unless Buyer, through its action or inaction, causes the Warranty to be unenforceable or the defenses to be unavailable). Seller indemnifies and holds Buyer harmless from any loss due to breach of Seller's Warranty in this Paragraph.

Construction and Completion of Improvements. A. Developer, at its sole expense, shall layout, construct, install, and/or otherwise complete the Improvements in a good and workmanlike manner, in full and strict accordance with and pursuant to the following: (i) the Subdivision and Land Development Ordinance; (ii) the Plans; (iii) the provisions of this Agreement; (iv) all applicable requirements of electric, telephone, and other utility companies having jurisdiction; and (v) all other applicable laws, statutes, ordinances, resolutions, rules, and regulations of the Township and of other applicable or appropriate governmental authorities and/or agencies having jurisdiction. In the event of any inconsistency or conflict between or among the provisions of any of the foregoing, those provisions contained in the Plans shall prevail and control. B. No Improvements referred to herein, in connection with this Project shall be commenced until: (1) The Plans are recorded according to law; (2) This Agreement is duly signed and delivered; (3) Financial security as defined in Section 509 of the MPC and in this Agreement is delivered to the Township and Developer and the Financial Institution have executed the Financial Security Agreement; and (4) All fees (i) required by any Ordinance, Resolution or regulation of the Township and (ii) legal and engineering expenses, incurred by the Township for the completion of its approval of the Plans, preparation of the Agreements, Resolutions and other papers relating to the acceptance of this Agreement by the Township are paid. C. Upon compliance with the requirements of subsection B, above, Developer may obtain permits for the buildings which together constitute the Project. D. The Improvements shall be completed on or before the date occurring one (1) year from the date of this Agreement. Upon written request of Developer and approval of the Township, the Completion Date may be extended from time to time, provided that (i) Developer’s written request is received by the Board of Supervisors not less than twenty (20) days prior to the then-current completion date, and (ii) the Financial Security is also extended so that it continues valid and effective for all purposes thereof to a date occurring at least sixty (60) days after the extended completion date. Such times shall be of the essence. E. Developer shall be solely responsible, at its sole cost and expense, for the repair and maintenance of all Improvements during and after construction thereof, provided however, that i...

Construction and Completion of Improvements. Assignee and/or Developer hereby agrees to design, construct and complete the FSC Project, including the Phase 1 Minimum Improvements (the "FSC Improvements") in accordance with all of the terms and conditions set forth in Article 6 of the Development Agreement. Without limiting the generality of the foregoing, Assignee hereby agrees that Assignee shall Commence Construction of the FSC Improvements on or before April 30, 2021, and the FSC Improvements shall be constructed and Substantially Complete on or before April 30, 2023, all subject to the provisions of Section 10.2 of the Development Agreement."

Construction and Completion of Improvements. Borrower will diligently and continuously prosecute the completion of construction of the Project in compliance with the Plans. The Plans must have been approved in accordance with applicable zoning ordinances, public and private building and use restrictions applicable to the Land and Improvements; and all other Laws, restrictive covenants or requirements of governmental authorities including the Project Covenant Documents and the Governmental Approvals and those of the appropriate board of fire underwriters or its equivalent, and all other applicable agreements. Borrower will cause (a) Completion of Construction to occur on or before the Required Completion Date, and (b) the Improvements to be constructed in such a manner and on such a schedule so that at all times during the pendency of the Loan, the Inspecting Architect must be of the opinion that the Completion of Construction will occur on or prior to the Required Completion Date.