REASONABLE ADVANCE
NOTICE; TO COOPERATE AND USE REASONABLE EFFORTS TO CAUSE THE GENERAL CONTRACTOR,
ALL CONTRACTORS AND SUBCONTRACTORS TO COOPERATE WITH THE CONSTRUCTION CONSULTANT
TO ENABLE IT TO PERFORM ITS FUNCTIONS HEREUNDER; AND TO PERMIT AGENT TO MAINTAIN
ONE SIGN ON THE PREMISES (AT THE EXPENSE OF BORROWER) IN A LOCATION CLEARLY
VISIBLE TO THE PUBLIC AND OTHERWISE PUBLICIZE AGENT'S ROLE AS AGENT AND/OR A
LENDER; PROVIDED, HOWEVER, THAT THE TEXT AND CIRCUMSTANCES OF SUCH SIGN SHALL BE
SUBJECT TO THE PRIOR APPROVAL OF BORROWER, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD OR DELAYED AND, TO THE EXTENT REQUIRED BY THE DUO
DECLARATION, SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN
THE DUO DECLARATION.
SECTION 7.09
CONSTRUCTION CONSULTANT.
(A)
TO PERMIT AGENT TO
RETAIN THE CONSTRUCTION CONSULTANT AT THE COST OF BORROWER FOR THE PURPOSES OF
(I) REVIEWING ALL CONSTRUCTION CONTRACTS CONTEMPLATED TO BE ENTERED INTO BY OR
ON BEHALF OF ANY BORROWER ENTITY AND WHICH ARE REQUIRED TO BE APPROVED BY AGENT
PURSUANT TO THIS AGREEMENT, (II) REVIEWING THE PLANS AND SPECIFICATIONS AND ALL
DRAW REQUESTS, (III) REVIEWING ALL PROPOSED CHANGES TO SUCH CONSTRUCTION
CONTRACTS AND PLANS AND SPECIFICATIONS, (IV) MAKING PERIODIC INSPECTIONS OF THE
PROJECT, (V) REVIEWING ALL PAYMENT REQUISITIONS SUBMITTED BY ALL PERSONS, (VI)
REVIEWING ALL FIELD REPORTS, (VII) REVIEWING THE DISBURSEMENT SCHEDULE,
CONSTRUCTION SCHEDULE AND THE BUDGETS, AND ALL PROPOSED CHANGES THERETO AND
(VIII) ADVISING AGENT GENERALLY CONCERNING CONSTRUCTION AND CONSTRUCTION AND
DEVELOPMENT RELATED ACTIVITIES AT THE PROJECT, INCLUDING WHETHER CORE AND SHELL
COMPLETION HAS BEEN ACHIEVED, AND WHETHER SUBSTANTIAL COMPLETION AND FINAL
COMPLETION HAVE BEEN ACHIEVED WITH RESPECT TO ANY UNIT OR THE PROJECT.
BORROWER
SHALL DELIVER (AND SHALL CAUSE EACH OTHER BORROWER ENTITY TO DELIVER) TO AGENT
AND CONSTRUCTION CONSULTANT COPIES OF ALL DOCUMENTS REFERRED TO IN THIS SECTION
PROMPTLY UPON RECEIPT OF SAME.
(B)
TO PAY THE REASONABLE FEES AND REASONABLE OUT-OF-POCKET EXPENSES
OF THE CONSTRUCTION CONSULTANT.
SECTION 7.10
CORRECTION OF DEFECTS.
TO PROMPTLY CORRECT,
REGARDLESS OF WHETHER DEMAND HAS BEEN MADE BY AGENT OR CONSTRUCTION CONSULTANT,
ALL DEFECTS IN THE PROJECT OR ANY DEPARTURE FROM THE PLANS AND SPECIFICATIONS
NOT PREVIOUSLY APPROVED BY AGENT (TO THE EXTENT SUCH APPROVAL WAS REQUIRED
PURSUANT TO THE TERMS HEREOF).
BORROWER AGREES THAT ANY ADVANCE, WHETHER BEFORE
OR AFTER SUCH DEFECTS OR DEPARTURES FROM THE PLANS AND SPECIFICATIONS ARE
DISCOVERED BY OR BROUGHT TO THE ATTENTION OF AGENT, SHALL NOT CONSTITUTE A
WAIVER OF AGENT'S RIGHT TO REQUIRE COMPLIANCE WITH THIS COVENANT.
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SECTION 7.11
PLANS AND SPECIFICATIONS; APPROVAL OF CHANGE ORDERS;
COST SAVINGS.
(A)
TO PERMIT NO (I) SCOPE CHANGES OR (II) DEVIATIONS OR AMENDMENTS TO
THE PLANS AND SPECIFICATIONS OR TO THE WORK TO BE PERFORMED UNDER ANY CONTRACT
OR SUBCONTRACT RELATING TO CONSTRUCTION OF THE PROJECT (INCLUDING ANY FIELD
ORDERS) (EACH OF THE ITEMS IN CLAUSES (I) AND (II) OF THIS SECTION 7.11(A), A
"CHANGE ORDER") WITHOUT THE PRIOR APPROVAL OF AGENT, SUCH APPROVAL NOT TO BE
UNREASONABLY WITHHELD, PROVIDED, HOWEVER, THAT SUBJECT TO THE FURTHER PROVISIONS
OF