IS REASONABLE UNDER THE CIRCUMSTANCES), AND
ACCESS TO THE PLANS AND SPECIFICATIONS, BUDGETS, TIMETABLES, ALL RELATED PLANS,
BUDGETS, DRAWINGS, TIMETABLES, AND OTHER RELATED PAPERS, INCLUDING STATUS
REPORTS AND LOGS DESCRIBING ALL EXECUTED CONTRACTS AND SUBCONTRACTS TO WHICH
BORROWER OR ANY OF ITS SUBSIDIARIES ARE PARTY FOR SUCH WORK, AND THE THEN
CURRENT LISTS OF THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF EACH MATERIAL
CONTRACTOR, MATERIAL SUBCONTRACTOR AND MATERIAL SUPPLIER WITH RESPECT TO SUCH
PROJECT AND THE DOLLAR VALUE AND AMOUNTS PAID WITH RESPECT TO THE RELATED
CONTRACTS;
(C)
FAIL TO CAUSE THE ARCHITECT AND GENERAL CONTRACTOR FOR EACH
PROJECT TO PROMPTLY AND IN ANY EVENT WITHIN 15 DAYS OF THE DATE OF ANY WRITTEN
REQUEST BY THE ADMINISTRATIVE AGENT TO CERTIFY, IN THE MANNER CONTEMPLATED BY AN
APPLICATION AND CERTIFICATION FOR PAYMENT IN THE FORM COMMONLY REFERRED TO AS
AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT G702 AND A DETAILED CONTINUATION SHEET
IN THE FORM COMMONLY REFERRED TO AS AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT
G703, THAT THE CONSTRUCTION OF SUCH PROJECT CONFORMS, AS OF A SPECIFIED DATE, IN
ALL MATERIAL RESPECTS TO THE PLANS AND SPECIFICATIONS, AND THAT AMOUNTS PAYABLE
TO THE CONTRACTORS IN CONNECTION THEREWITH ARE IN CONFORMITY WITH THE BUDGET;
(D)
FAIL TO MAINTAIN A FULL SET OF THE CURRENT WORKING DRAWINGS
AVAILABLE FOR REVIEW BY THE CONSTRUCTION CONSULTANT AT THE CONSTRUCTION OFFICE
FOR THE PROJECTS OR AT ANOTHER LOCATION REASONABLY ACCEPTABLE TO THE
CONSTRUCTION CONSULTANT;
(E)
AMEND ANY TIMETABLE IN ANY MANNER WHICH WOULD DEFER THE COMPLETION
OF ANY MATERIAL CONSTRUCTION BENCHMARK SET FORTH THEREIN UNLESS THE GENERAL
CONTRACTOR AND ARCHITECT CONCUR THAT SUCH AMENDMENT WILL NOT CAUSE CCR TO FAIL
TO ACHIEVE COMPLETION OF THAT PROJECT BY THE DATE WHICH IS TWENTY-FOUR (24)
MONTHS FROM THE START OF CONSTRUCTION OR FAIL TO PROVIDE THE CONSTRUCTION
CONSULTANT, IF REQUESTED, WITH A LETTER FROM THE GENERAL CONTRACTOR AND
ARCHITECT TO THE CONSTRUCTION CONSULTANT INDICATING THEIR CONCURRENCE THAT THE
REVISED TIMETABLE IS REASONABLE AND FEASIBLE;
(F)
AMEND ANY BUDGET IN A MANNER WHICH BOTH DEVIATES FROM SUCH BUDGET
APPROVED BY THE CONSTRUCTION CONSULTANT AND WHICH INCREASES THE OVERALL BUDGET
TO AN AMOUNT (INCLUDING
97
FOR THIS PURPOSE, CAPITALIZED INTEREST AND CAPITALIZED PRE-OPENING EXPENSES)
WHICH WOULD RESULT IN PROSPECTIVE NON-COMPLIANCE WITH SECTION 6.17;
(G)
FAIL TO CONSTRUCT THE PROJECTS IN A GOOD AND WORKMANLIKE MANNER IN
ACCORDANCE WITH SOUND BUILDING PRACTICES AND WITHOUT MATERIAL DEVIATION FROM THE
PLANS AND SPECIFICATIONS, AND COMPLY IN ALL MATERIAL RESPECTS WITH ALL EXISTING
LAWS AND REQUIREMENTS OF ALL GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER
THE PROJECTS;
(H)
FAIL TO PROMPTLY PAY PRIOR TO DELINQUENCY (SUBJECT TO APPLICABLE
RETENTIONS) OR OTHERWISE DISCHARGE ALL LIENS AND OTHER MATERIAL CLAIMS FOR LABOR
DONE AND MATERIALS AND SERVICES FURNISHED IN CONNECTION WITH THE CONSTRUCTION OF
THE PROJECTS, EXCEPT FOR LIENS AND OTHER CLAIMS CONTESTED IN GOOD FAITH BY
APPROPRIATE ACTIONS AND WITHOUT PREJUDICE TO THE APPLICABLE TIMETABLE EXCEPT TO
THE EXTENT NOT PROHIBITED HEREBY, PROVIDED THAT ANY SUCH CLAIMS AND LIENS ARE
COVERED BY SUCH PAYMENT BONDS OR TITLE INSURANCE