Common use of Performance of the Work Clause in Contracts

Performance of the Work. StadCo shall not do or permit others to do any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (v) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (w) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (x) constructed and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances and as required by Applicable Law.

Performance of the Work. With the exclusion of all Enabling Work, StadCo shall not do or permit others to do any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (vi) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (wii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition addition, or alteration, as the case may be, of improvements similar to the Project Improvements; (xiii) constructed and performed using qualified workers and subcontractors; (yiv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (zv) subject to Section 7.13 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption disruption, or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances and as required by Applicable Lawcircumstances.

Performance of the Work. StadCo The Developer shall not do or permit others to do procure all necessary Approvals before undertaking any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law shall cause all of the Work to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (v) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (w) constructed and performed in a good and workmanlike manner workerlike manner, in compliance with good engineering and construction practices, and in accordance with standard construction practices for constructionthe Approved Plans, repairthe Approved Construction Documents, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (x) constructed and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable all applicable Laws and the terms provisions of this Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Leaseall Approvals. StadCo The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and precautions to construction traffic, (ii) minimize any damage, disruption or inconvenience caused by such work the Project, and (iii) make adequate provisions provision for the safety and convenience of all Persons persons affected therebythereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in each case in accordance with the manner as a Reasonable Approved Plans and Prudent the Approved Construction Documents. The Developer would undertake in light shall be solely responsible for awarding and administering all construction contracts for the construction of the particular circumstancesProject, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. Except as expressly provided in this AgreementThe Seller shall not be responsible for making any payments to any contractors, StadCo subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work expenses of (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or a) the design, developmentpermitting and construction of the Project, constructionincluding the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, furnishing(b) all products, materials, tools, equipment, and opening of fixtures relating to the Project Improvements. Dust, noise, traffic, hazardsProject, and other effects of such work shall be controlled as required by Applicable Law (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and in such manner as a Reasonable and Prudent Developer would undertake in light of consultants relating to the particular circumstances and as required by Applicable LawProject.

Performance of the Work. StadCo (a) Developer shall not do cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's staff as a field office. Developer shall pay or permit others reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to do any Project Improvements Work the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Enabling Consultants to comply, with all Governmental Requirements applicable to the Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (v) prosecuted with reasonable diligence and completed with obtain, or use all reasonable dispatch, subject efforts to Force Majeure; (w) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alterationcause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the case may beprosecution of the Work. (c) Developer shall take reasonable precautions to protect from damage caused by the Work, of improvements similar property adjacent to or in close proximity to the Project Improvements; (x) constructed Development and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the Project Improvements Workactivities of Developer, including any costsit shall be restored promptly by Developer, chargesat its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, cost thereof shall be immediately due and fees payable to any Governmental Authority in connection with EDC. (d) Developer shall confine the Project Improvements Work (including all building permitsequipment, plattingapparatus, materials and zoning fees and street closure fees or any other licensesupplies of Developer, permit or approval under Applicable Lawsthe Contractor(s), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo the Architect(s), Consultants, subcontractors and all other site preparation costs, fees or expenses incurred in connection with employed by them to the Land or the design, development, construction, furnishing, and opening limits of the Project Improvements. Dust, noise, traffic, hazardsSite or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other effects of rights subject to its reasonable approval. Any delay in providing or failure to provide such work necessary easements that are available to the City without cost shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of extend the particular circumstances and as required by Applicable Lawapplicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. StadCo ‌ The Developer shall not do or permit others to do procure all necessary Approvals before undertaking any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law shall cause all of the Work to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (v) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (w) constructed and performed in a good and workmanlike manner workerlike manner, in compliance with good engineering and construction practices, and in accordance with standard construction practices for constructionthe Approved Plans, repairthe Approved Construction Documents, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (x) constructed and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable all applicable Laws and the terms provisions of this Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Leaseall Approvals. StadCo The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and precautions to construction traffic, (ii) minimize any damage, disruption or inconvenience caused by such work the Project, and (iii) make adequate provisions provision for the safety and convenience of all Persons persons affected therebythereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in each case in accordance with the manner as a Reasonable Approved Plans and Prudent the Approved Construction Documents. The Developer would undertake in light shall be solely responsible for awarding and administering all construction contracts for the construction of the particular circumstancesProject, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. Except as expressly provided in this AgreementThe Seller shall not be responsible for making any payments to any contractors, StadCo subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work expenses of (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or a) the design, developmentpermitting and construction of the Project, constructionincluding the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, furnishing(b) all products, materials, tools, equipment, and opening of fixtures relating to the Project Improvements. Dust, noise, traffic, hazardsProject, and other effects of such work shall be controlled as required by Applicable Law (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and in such manner as a Reasonable and Prudent Developer would undertake in light of consultants relating to the particular circumstances and as required by Applicable LawProject.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (vi) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (wii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (xiii) constructed and performed using qualified workers and subcontractors; (yiv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (zv) subject to Section 7.13 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances and as required by Applicable Lawcircumstances.

Performance of the Work. StadCo (a) Developer shall not do cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM s staff as a field office. Developer shall pay or permit others reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM s staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM s staff, to do any Project Improvements Work the extent the PM and PM s staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Enabling Consultants to comply, with all Governmental Requirements applicable to the Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (v) prosecuted with reasonable diligence and completed with obtain, or use all reasonable dispatch, subject efforts to Force Majeure; (w) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alterationcause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the case may beprosecution of the Work. (c) Developer shall take reasonable precautions to protect from damage caused by the Work, of improvements similar property adjacent to or in close proximity to the Project Improvements; (x) constructed Development and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the Project Improvements Workactivities of Developer, including any costsit shall be restored promptly by Developer, chargesat its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, cost thereof shall be immediately due and fees payable to any Governmental Authority in connection with EDC. (d) Developer shall confine the Project Improvements Work (including all building permitsequipment, plattingapparatus, materials and zoning fees and street closure fees or any other licensesupplies of Developer, permit or approval under Applicable Lawsthe Contractor(s), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo the Architect(s), Consultants, subcontractors and all other site preparation costs, fees or expenses incurred in connection with employed by them to the Land or the design, development, construction, furnishing, and opening limits of the Project Improvements. Dust, noise, traffic, hazardsSite or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other effects of rights subject to its reasonable approval. Any delay in providing or failure to provide such work necessary easements that are available to the City without cost shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of extend the particular circumstances and as required by Applicable Lawapplicable schedules to the extent the delay or failure delays the Work.