Common use of Site Visits; Right to Stop Work Clause in Contracts

Site Visits; Right to Stop Work. Bondowner Representative and its agents and representatives shall have the right at any reasonable time to enter and visit the Project for the purposes of performing an appraisal, observing the work of construction and examining all materials, plans, specifications, working drawings and other matters relating to the construction. All such site visits shall be conducted in a manner that does not unnecessarily interfere with the progress of the construction. For purposes of these site visits, Borrower shall at all times maintain a full set of working drawings at the construction site. Bondowner Representative and Issuer shall also have the right to examine, copy at its own cost and audit the books, records, accounting data and other documents of Borrower and its contractors which relate to the Project or construction of the Project. If Bondowner Representative reasonably determines that any work or materials fail to conform to the Requirements, the approved Plans and Specifications or sound building practices, Bondowner Representative may require the work to be stopped and withhold disbursements until the matter is corrected. Borrower shall promptly correct the work to Bondowner Representative’s satisfaction. No such action by Bondowner Representative shall affect Borrower’s obligation to complete each element of the Project within the time required by this Agreement. Bondowner Representative is under no duty to visit the construction site, or supervise or observe construction or examine any books or records. Any site visit, observation or examination by Bondowner Representative shall be solely for the purpose of protecting Bondowner Representative’s security and preserving Bondowner Representative’s rights and interests under the Loan Documents. No site visit, observation or examination by Bondowner Representative shall impose any liability on Bondowner Representative or result in a waiver of any default of Borrower. In no event shall any site visit, observation or examination by Bondowner Representative be a representation that there has been or shall be compliance with the Plans and Specifications, that the construction is free from defective materials or workmanship, or that the construction complies with the Requirements or any other applicable governmental law, regulation or ordinance.

Appears in 1 contract

Sources: Indenture of Trust

Site Visits; Right to Stop Work. Bondowner Representative and its agents and representatives shall have the right at any reasonable time to enter and visit the Project for the purposes of performing an appraisal, observing the work of construction and examining all materials, plans, specifications, working drawings and other matters relating to the construction. All such site visits shall be conducted in a manner that does not unnecessarily interfere with the progress of the construction. For purposes of these site visits, Borrower ▇▇▇▇▇▇▇▇ shall at all times maintain a full set of working drawings at the construction site. Bondowner Representative and Issuer shall also have the right to examine, copy at its own cost and audit the books, records, accounting data and other documents of Borrower and its contractors which relate to the Project or construction of the Project. If Bondowner Representative reasonably determines that any work or materials fail to conform to the Requirements, the approved Plans and Specifications or sound building practices, Bondowner Representative may require the work to be stopped and withhold disbursements until the matter is corrected. Borrower shall promptly correct the work to Bondowner Representative’s satisfaction. No such action by Bondowner Representative shall affect Borrower▇▇▇▇▇▇▇▇’s obligation to complete each element of the Project within the time required by this Agreement. Bondowner Representative is under no duty to visit the construction site, or supervise or observe construction or examine any books or records. Any site visit, observation or examination by Bondowner Representative shall be solely for the purpose of protecting Bondowner Representative’s security and preserving Bondowner Representative’s rights and interests under the Loan Documents. No site visit, observation or examination by Bondowner Representative shall impose any liability on Bondowner Representative or result in a waiver of any default of Borrower. In no event shall any site visit, observation or examination by Bondowner Representative be a representation that there has been or shall be compliance with the Plans and Specifications, that the construction is free from defective materials or workmanship, or that the construction complies with the Requirements or any other applicable governmental law, regulation or ordinance.

Appears in 1 contract

Sources: Indenture of Trust