RESPONSIBLE FOR THE ADEQUACY, FORM OR CONTENT OF SUCH CONTRACT OR CHANGE ORDER.
BORROWER WILL EXPEDITIOUSLY COMPLETE AND FULLY PAY FOR THE
10
DEVELOPMENT AND CONSTRUCTION OF THE PROJECT IN A GOOD AND WORKMANLIKE MANNER AND
IN ACCORDANCE WITH THE CONTRACTS, SUBCONTRACTS AND CONSTRUCTION PLANS SUBMITTED
TO LENDER AND IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF ALL GOVERNMENTAL
AUTHORITIES, AND ANY COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
APPLICABLE THERETO, SO THAT SUBSTANTIAL COMPLETION OCCURS ON OR BEFORE THE
REQUIRED COMPLETION DATE. BORROWER ASSUMES FULL RESPONSIBILITY FOR THE
COMPLIANCE OF THE CONSTRUCTION PLANS AND THE PROJECT WITH ALL REQUIREMENTS OF
ALL GOVERNMENTAL AUTHORITIES AND WITH SOUND BUILDING AND ENGINEERING PRACTICES,
AND NOTWITHSTANDING ANY APPROVALS BY LENDER, LENDER HAS NO OBLIGATION OR
RESPONSIBILITY WHATSOEVER FOR THE CONSTRUCTION PLANS OR ANY OTHER MATTER
INCIDENT TO THE PROJECT OR CONSTRUCTION RELATED TO THE PROJECT. BORROWER WILL
CORRECT OR CAUSE TO BE CORRECTED (A) ANY DEFECT IN IMPROVEMENTS RELATED TO THE
PROJECT, (B) ANY DEPARTURE FROM THE CONSTRUCTION PLANS OR ANY REQUIREMENTS OF
ANY GOVERNMENTAL AUTHORITIES, AND (C) ANY ENCROACHMENT BY ANY PART OF ANY
STRUCTURE LOCATED ON THE REAL ESTATE ON ANY BUILDING LINE, EASEMENT, PROPERTY
LINE OR RESTRICTED AREA. BORROWER WILL CAUSE ALL ROADS NECESSARY FOR THE
EFFICIENT OPERATION OF THE PLANT CONTEMPLATED BY THE PROJECT TO BE COMPLETED AND
DEDICATED (IF DEDICATION THEREOF IS REQUIRED BY ANY GOVERNMENTAL AUTHORITY), THE
BEARING CAPACITY OF THE SOIL ON THE REAL ESTATE TO BE MADE SUFFICIENT TO SUPPORT
ALL IMPROVEMENTS THEREON, AND SUFFICIENT LOCAL UTILITIES TO BE MADE AVAILABLE TO
THE PROJECT AND INSTALLED AT COSTS (IF ANY) SET OUT IN THE SWORN CONSTRUCTION
COST STATEMENT, ON OR BEFORE THE REQUIRED COMPLETION DATE. NO WORK MAY BE
PERFORMED PURSUANT TO ANY CHANGE ORDER OR PENDING CHANGE ORDER TO THE
CONSTRUCTION PLANS PRIOR TO DELIVERY THEREOF TO LENDER.
15.
ADDITIONAL REMEDIES UPON EVENT OF DEFAULT
DURING CONSTRUCTION. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT PRIOR TO THE
DATE SUBSTANTIAL COMPLETION OCCURS, AND AT ANY TIME THEREAFTER DURING THE
CONTINUANCE OF SUCH EVENT, LENDER MAY, IN ADDITION TO ALL OTHER AVAILABLE
REMEDIES, ENTER UPON BORROWER'S PROPERTY AND PROCEED EITHER IN ITS OWN NAME OR
IN THE NAME OF BORROWER (WHICH AUTHORITY IS COUPLED WITH AN INTEREST AND IS
IRREVOCABLE BY BORROWER) TO COMPLETE THE PROJECT OR CAUSE THE PROJECT TO BE
COMPLETED, AT THE COST AND EXPENSE OF BORROWER. IF LENDER ELECTS TO COMPLETE OR
CAUSE THE PROJECT TO BE COMPLETED, IT MAY DO SO ACCORDING TO THE CONSTRUCTION
PLANS OR ACCORDING TO SUCH CHANGES, ALTERATIONS OR MODIFICATIONS IN AND TO THE
CONSTRUCTION PLANS AS LENDER DEEMS APPROPRIATE. LENDER MAY ENFORCE OR CANCEL ALL
CONTRACTS OF BORROWER RELATING TO CONSTRUCTION AND ENTER INTO OTHER CONTRACTS
WHICH LENDER DEEMS ADVISABLE IN ITS SOLE JUDGMENT. BORROWER WILL FORTHWITH TURN
OVER AND DULY ASSIGN TO LENDER, AS LENDER MAY FROM TIME TO TIME REQUIRE,
CONTRACTS RELATING TO CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS RELATED TO
THE PROJECT, THE CONSTRUCTION PLANS, BLUEPRINTS, SHOP DRAWINGS, BONDS, BUILDING
PERMITS, BILLS AND STATEMENTS OF