Use of Project Site and Off-Site Real Property Clause Samples

The "Use of Project Site and Off-Site Real Property" clause defines the rights and limitations regarding how the contractor or project participants may access and utilize the physical project site as well as any related off-site properties necessary for the work. Typically, this clause outlines permissible activities, such as storage of materials, equipment staging, or temporary facilities, and may specify boundaries, timeframes, or conditions for use. Its core function is to ensure that all parties understand the extent of their access and responsibilities, thereby preventing disputes over property use and maintaining project efficiency.
Use of Project Site and Off-Site Real Property. (a) At all times during performance of the Work, Seller shall keep, and shall cause its Contractors and Subcontractors to keep, its work areas, including the Project Site, in a neat, clean, orderly, and workmanlike appearance in accordance with the Performance Standard and in a safe condition, as further described in the Project Execution Plan. As a condition to achieving Final Completion, Seller will be required to dispose of, lawfully and appropriately, all rubbish, unused materials, and other equipment and materials belonging to it or used in the performance of the Work and not constituting Project Assets. If Seller fails to keep or leave the Project Site in a neat, clean, orderly, and safe condition in accordance with the Performance Standard, Buyer shall notify Seller and, if Seller does not commence corrective action within three (3) Business Days and continue to diligently pursue such corrective action, Buyer may take all actions necessary to do so at Seller’s cost and expense.
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Use of Project Site and Off-Site Real Property. (a) At all times during performance of the Work, Seller shall keep, and shall cause its Contractors and Subcontractors to keep, its work areas, including the Project Site, in a neat, clean, orderly, and workmanlike appearance in accordance with the Performance Standard and in a safe condition, as further described in the Project Execution Plan. As a condition to achieving Final Completion, Seller will be required to dispose of, lawfully and appropriately, all rubbish, unused materials, and other equipment and materials belonging to it or used in the performance of the Work and not constituting Project Assets. If Seller fails to keep or leave the Project Site in a neat, clean, orderly, and safe condition in accordance with the Performance Standard, Buyer shall notify Seller and, if Seller does not commence corrective action within three (3) Business Days and continue to diligently pursue such corrective action, Buyer may take all actions necessary to do so at Seller’s cost and expense. (b) Without limiting Section 2.3 or Section 5.7, Seller’s duties hereunder shall include planning the routes for delivery of all Goods to be brought into the Project Site by making use of such roadways, waterways, airways, and railways as may safely accommodate loads and sizes of deliveries. If the Work involves transportation of over-sized loads or construction under or about public roads, waterways, airways, or railroads, Seller and its Contractors and Subcontractors shall make suitable arrangements with Governmental Authorities and railroads to ensure that other users of the roadways, waterways, airways, and railways are safeguarded from accident and/or delay as a result of such transportation. Any roadway, bridge, sidewalk, tree, vegetation, landscaping, grounds, or other property damaged as a result of the Work shall be properly repaired or duly replaced by Seller at its expense to the extent required by Law. (c) Seller shall install and maintain fencing and other security measures for the Project Site and the area at the Project Site for Seller to unload, store, and deliver from storage to the Project Site all Goods and other supplies, equipment, materials, or property to be supplied by Seller for the performance of the Work under this Agreement in accordance with the requirements of this Agreement, including the Scope Book, the Project Execution Plan, and the Performance Standard. Seller shall perform, or cause its Contractor or Subcontractors to perform, receipt inspe...
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Related to Use of Project Site and Off-Site Real Property

  • Real Property Matters The Credit Parties shall have delivered to the Administrative Agent with respect to each parcel of Real Property to the extent that such parcel of Real Property becomes or should be subject to a Mortgage pursuant to ‎Section 6.10(a) above, all of the following: (i) an American Land Title Association (ALTA) mortgagee title insurance policy or policies, or unconditional commitments therefor (a “Title Policy”) issued by a title insurance company reasonably satisfactory to the Administrative Agent (a “Title Company”), in an amount not less than the amount reasonably required therefor by the Administrative Agent (taking into account the estimated value of the property involved), insuring fee simple title to, or a valid leasehold interest in, such Real Property vested in the applicable Credit Party and assuring the Administrative Agent that the applicable Mortgage creates a valid and enforceable first priority mortgage lien on the respective Real Property encumbered thereby, subject only to Permitted Liens, which Title Policy (1) shall include an endorsement for mechanics’ liens, for revolving, “variable rate” and future advances under this Agreement and for any other matters reasonably requested by the Administrative Agent, and (2) shall provide for affirmative insurance and such reinsurance as the Administrative Agent may reasonably request, all of the foregoing in form and substance reasonably satisfactory to the Administrative Agent; (ii) a title report issued by the Title Company with respect thereto, dated not more than 30 days prior to the date of execution of the applicable Mortgage and satisfactory in form and substance to the Administrative Agent; (iii) copies of all recorded documents listed as exceptions to title or otherwise referred to in the Title Policy or in such title report relating to such Real Property; (iv) evidence, which may be in the form of a letter or other certification from the Title Company or from an insurance broker, surveyor, engineer or other provider, as to whether (1) such Real Property is a Flood Hazard Property, and (2) the community in which such Flood Hazard Property is located is participating in the National Flood Insurance Program, and if such Real Property is a Flood Hazard Property, evidence that the applicable Credit Party has obtained flood insurance in respect of such Flood Hazard Property to the extent required under the applicable regulations of the Board of Governors of the Federal Reserve System; (v) a survey, in form and substance reasonably satisfactory to the Administrative Agent, of such Real Property, certified in a manner satisfactory to the Administrative Agent by a licensed professional surveyor reasonably satisfactory to the Administrative Agent; (vi) a certificate of the Borrower identifying any Phase I, Phase II or other environmental report received in draft or final form by any Credit Party during the five year period prior to the date of execution of the Mortgage relating to such Real Property and/or the operations conducted therefrom, or stating that no such draft or final form reports have been requested or received by any Credit Party (or its counsel), together with true and correct copies of all such environmental reports so listed (in draft form, if not finalized); and all such environmental reports shall be satisfactory in form and substance to the Administrative Agent; (vii) an opinion of local counsel admitted to practice in the jurisdiction in which such Real Property is located, reasonably satisfactory in form and substance to the Administrative Agent, as to the validity and effectiveness of such Mortgage as a lien on such Real Property encumbered thereby, and covering such other matters of law in connection with the execution, delivery, recording and enforcement of such Mortgage as the Administrative Agent may reasonably request; and (viii) upon request of the Administrative Agent and/or the Lenders, the Administrative Agent shall have received appraisals, reasonably satisfactory in form and substance to the Administrative Agent and each Lender, dated not more than 60 days prior to the date of execution of each Mortgage and addressed to the Administrative Agent and the Lenders or accompanied by a separate letter indicating that the Administrative Agent and the Lenders may rely thereon, from one or more nationally recognized appraisal firms, reasonably satisfactory to the Administrative Agent, covering (i) the Real Properties, and (ii) all other tangible property, plant and equipment owned by Holdings, the Borrower or any of its Subsidiaries, that is to be subjected to the Lien of the Security Agreement and is located at any plant or facility owned or leased by Holdings, the Borrower or any of its Subsidiaries in the United States of America, which appraisals shall set forth (A) the “fair market value” of such property (i.e., the amount at which such property would equitably exchange between a willing buyer and a willing seller, neither being under a compulsion and both having reasonable knowledge of all relevant facts on the premise that such property will continue in its present use as part of an ongoing business enterprise), (B) the “orderly disposal value” of such property (i.e., the amount that may be realized through a forced sale disposal of such property when a reasonable time to find a buyer is allowed), and (C) the “forced liquidation value” of such property (i.e., the amount that may be realized through an immediate forced sale disposal of such property), in each case as determined in accordance with sound appraisal standards.