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Construction Disbursement Agreement
"Need a Construction Disbursement Agreement for a multi-phase shopping mall development in Mumbai with a total value of INR 500 crore, involving multiple lenders and incorporating specific provisions for retail space completion milestones starting March 2025."
1. Parties: Identification of all parties to the agreement including the lender/financier, borrower/developer, and any other relevant parties
2. Background: Context of the construction project, purpose of the agreement, and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Purpose and Scope: Details of the construction project and scope of financing arrangement
5. Disbursement Amount and Terms: Total amount of financing and basic terms of disbursement
6. Conditions Precedent: Prerequisites that must be satisfied before any disbursement can be made
7. Disbursement Procedures: Step-by-step process for requesting and processing disbursements
8. Construction Milestones: Key construction phases and corresponding disbursement stages
9. Documentation Requirements: List of documents required for each disbursement request
10. Representations and Warranties: Standard and specific representations made by each party
11. Covenants: Ongoing obligations of the parties during the construction period
12. Monitoring and Inspection Rights: Rights of the lender to monitor construction progress
13. Events of Default: Circumstances that constitute default and their consequences
14. Remedies: Actions available to parties in case of default or breach
15. Term and Termination: Duration of the agreement and termination provisions
16. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
17. Notices: Process and addresses for formal communications between parties
18. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Security Arrangements: Additional security or collateral requirements - include when specific security arrangements are required
2. Cost Overrun Provisions: Mechanisms for handling cost overruns - include for large or complex projects
3. Multiple Phase Provisions: Specific provisions for multiple construction phases - include for phased projects
4. Insurance Requirements: Detailed insurance obligations - include when specific insurance arrangements are necessary
5. Environmental Compliance: Specific environmental requirements - include for environmentally sensitive projects
6. Force Majeure: Provisions for handling unforeseen circumstances - include for long-term or high-risk projects
7. Step-in Rights: Lender's rights to take over project - include for high-value projects
8. Subordination Provisions: Rankings of different financiers - include when multiple lenders are involved
9. Third Party Rights: Rights of third parties - include when relevant stakeholders need specific rights
1. Schedule 1 - Project Details: Detailed description of the construction project including plans and specifications
2. Schedule 2 - Disbursement Schedule: Detailed timeline and amounts for each planned disbursement
3. Schedule 3 - Construction Milestone Schedule: Detailed description of construction milestones and completion criteria
4. Schedule 4 - Form of Disbursement Request: Standard format for submitting disbursement requests
5. Schedule 5 - Required Documentation: Comprehensive list of required documents for each stage
6. Schedule 6 - Authorized Signatories: List of persons authorized to submit and approve disbursement requests
7. Schedule 7 - Technical Specifications: Detailed technical requirements and standards
8. Schedule 8 - Cost Breakdown: Itemized breakdown of project costs and allocation of funds
9. Schedule 9 - Compliance Certificates: Format of various compliance certificates required
10. Appendix A - Required Permits and Approvals: List of all required regulatory approvals and permits
11. Appendix B - Security Documents: Forms of security documents and collateral agreements
12. Appendix C - Insurance Requirements: Detailed insurance specifications and requirements
Authors
Real Estate
Infrastructure
Commercial Construction
Residential Development
Industrial Construction
Healthcare Construction
Education Construction
Hospitality Development
Retail Development
Public Works
Mixed-use Development
Legal
Finance
Project Management
Construction Management
Risk Management
Compliance
Credit
Technical Services
Property Development
Operations
Real Estate
Project Finance Manager
Construction Manager
Project Director
Chief Financial Officer
Legal Counsel
Compliance Officer
Project Architect
Quantity Surveyor
Construction Site Manager
Banking Relationship Manager
Risk Manager
Project Controller
Development Director
Technical Director
Finance Director
Construction Finance Specialist
Property Development Manager
Senior Loan Officer
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