Common use of Responsibility for Construction Clause in Contracts

Responsibility for Construction. Tenant shall construct all Designated Improvements in a good and workmanlike manner, in accordance with (1) the descriptions and renderings attached as Exhibit H, (2) any Construction Documents for which Tenant has requested and obtained the written approval of Landlord or which Landlord has executed at the request of Tenant pursuant to Paragraph 10.(b) (though this clause (2) shall not be construed to require Tenant to get such approval or execution of Construction Documents by Landlord), (3) Applicable Laws, and (4) the other provisions of this Lease. Further, except for building foundations, driveways, parking lots, sidewalks and other improvements which would not suffer damage by being submerged under flood waters, all Designated Improvements shall be constructed by Tenant above the elevation that the U.S. Army Corp of Engineers or any other governmental authority estimates as the highest elevation that 100 year flood waters could be expected to reach. Tenant shall have sole responsibility for contracting for and administering the construction of Designated Improvements, it being understood that Landlord's obligation with respect to the Designated Improvements shall be limited to the making of advances under and subject to the conditions set forth in this Paragraph 6. No contractor or other third party shall be entitled to enforce Landlord's obligations to make advances as a third party beneficiary. Notwithstanding delays beyond Tenant's control, and even if the Construction Allowance is not sufficient to pay for completion of Designated Improvements, Tenant warrants that it shall cause all Designated Improvements with respect to which it receives any Construction Advances to be completed on or prior to the Completion Deadline. (ii) Scope Changes. Before making any Scope Change to the Designated Improvements contemplated in Exhibit H, Tenant shall provide to Landlord a reasonably detailed written description of the Scope Change and a revised construction budget, all of which must be approved in writing by Landlord (or by any construction representative appointed by Landlord from time to time) before the Scope Change is implemented.

Responsibility for Construction. Tenant shall construct all Designated Improvements in a good and workmanlike manner, in accordance with (1) the descriptions and renderings attached approved by Landlord as Exhibit Hdescribed in subparagraph 6.(b)(ii) below, (2) any Construction Documents for which Tenant has requested and obtained the written approval of Landlord or which Landlord has executed at the request of Tenant pursuant to Paragraph 10.(b) (though this clause (2) shall not be construed to require Tenant to get such approval or execution of Construction Documents by Landlord), (3) Applicable Laws, and (4) the other provisions of this Lease. Further, except for building foundations, driveways, parking lots, sidewalks and other improvements which would not suffer damage by being submerged under flood waters, all Designated Improvements shall be constructed by Tenant above the elevation that the U.S. Army Corp of Engineers or any other governmental authority estimates as the highest elevation that 100 year flood waters could be expected to reach. Tenant shall have sole responsibility for contracting for and administering the construction of Designated Improvements, it being understood that Landlord's obligation with respect to the Designated Improvements shall be limited to the making of advances under and subject to the conditions set forth in this Paragraph 6. No contractor or other third party shall be entitled to enforce Landlord's obligations to make advances as a third party beneficiary. Notwithstanding delays beyond Tenant's control, and even if the Construction Allowance is not sufficient to pay for completion of Designated Improvements, Tenant warrants that it shall cause all Designated Improvements with respect to which it receives any Construction Advances to be completed on or prior to the Completion Deadline. (ii) Scope ChangesApproval of Descriptions and Renderings of the Designated Improvements. Before making No later than six months after the date of this Lease, Tenant shall submit to Landlord and obtain Landlord's approval of descriptions and renderings of the Designated Improvements. Such descriptions and renderings must be in form and substance reasonably satisfactory to Landlord, and in any Scope Change event they must be in form and substance sufficient in Landlord's reasonable judgment to permit Landlord to obtain an As-built Appraisal that will allow Landlord to evaluate whether Tenant has satisfied the condition to advances set forth in subparagraph 6.(c)(x). In this regard, Tenant acknowledges that its conceptual plans for the Designated Improvements contemplated in Exhibit Hhave yet to be finalized, leaving Tenant shall unable as of the date of this Lease to provide to Landlord with a reasonably detailed written description of the Scope Change Designated Improvements needed for an As-built Appraisal. Accordingly, Landlord does not as of the date of this Lease have an As-built Appraisal meeting Landlord's regulatory and internal underwriting requirements for the provision of the full Construction Allowance. Tenant covenants, however, to complete such conceptual plans, to obtain Landlord's approval of descriptions and renderings consistent therewith as required to satisfy the condition to advances set forth in subparagraph 6.(c)(x), and to thereafter construct the Designated Improvements in a revised construction budgetmanner consistent with the requirements of this Lease, all of prior to any Designated Sale Date on which must be approved in writing by neither Tenant nor any Applicable Purchaser purchases the Leased Property pursuant to the Purchase Agreement for a price to Landlord (or when taken together with any additional payments made by any construction representative appointed Tenant pursuant to Paragraph 2(a)(ii) of the Purchase Agreement, in the case of a purchase by Landlord from time to timean Applicable Purchaser) before of not less than the Scope Change is implementedPurchase Price.