RESPONSIBILITY FOR DELAYS. If Tenant shall cause any delay in the construction of the Premises, whether by reason of any failure by Tenant to comply with the applicable time schedule set forth in Paragraph B1, or by Tenant's requirement of materials or installations different from the Building Standard, or by delays in performance of completion by a party employed by Tenant, or by reason of building code problems arising from Tenant's design, or by reason of changes in the work ordered by Tenant, then notwithstanding the provisions of the Lease or any other provision of this Exhibit, any such delay in completing the Premises shall not in any manner affect the Lease Commencement Date of the Tenant's liability for the payment of rent set forth in the Lease.
RESPONSIBILITY FOR DELAYS. Tenant hereby expressly agrees that if Tenant is responsible for any delay in substantial completion of the Additional Space, whether by reason of (i) failure to meet the time schedule set forth in Section 7 above, (ii) delays in performance or completion by a party employed by Tenant, (iii) building code problems arising from Tenant's design, or (iv) an unapproved change in the work necessitated by Tenant, Landlord will suffer loss or damage (which loss or damage may include administrative costs, attorneys' fees, excess interest penalties and loss of income), the amount of which would be extremely difficult to ascertain. Therefore, it is expressly agreed that for each day of such delay attributable to Tenant the New Commencement Date shall be accelerated and Tenant shall pay to Landlord an amount equal to the daily amount of Basic Rent under the Lease, as liquidated damages for such delay and not as a penalty. Furthermore, if Tenant fails to approve the Plans within ninety (90) days after execution of the Agreement or fails to pay the estimated costs of Tenant's Work within thirty (30) days after the same become due and payable, Landlord may (but need not) terminate the Lease for default upon written notice to Tenant and in such event Landlord shall not be precluded by reason of the foregoing from recovering any additional damages it may suffer as a result of such termination. It is acknowledged and agreed by Tenant that notwithstanding the provisions for liquidated damages hereinabove set forth, if the Lease is terminated for default as set forth above such liquidated damages shall not be deemed to compensate Landlord for the amount of damage, if any, which Landlord may incur as a result of such termination, and Landlord will not be precluded, by reason of such liquidated damages provisions, from pursuing any rights or remedies available under the law for losses incurred as a result thereof.
RESPONSIBILITY FOR DELAYS. In the event that Xxxxx Xxxxxxx fails to perform its obligations in this Section 2 by failing to deliver the Support Parts or the Bullwheel to meet the schedule set forth in Section 3.c and to the extent such failure is not caused by the Port’s action or omission, Xxxxx Xxxxxxx shall be responsible to the Port for any additional costs it incurs in the performance of its obligations under Section 3 as a direct result of such failure; provided, however, the Port agrees to solely pursue any claims related to errors in the design, manufacture and/or fabrication of the Support Parts or the Bullwheel directly against the designer, manufacturer or fabricator and not Xxxxx Xxxxxxx, it being the parties’ intention to hold Xxxxx Xxxxxxx responsible only for damages that result from a failure of Xxxxx Xxxxxxx to deliver the Support Parts or the Bullwheel by the date specified in Section 2.f, such damages shall be limited to liquidated damages in the amount of two thousand five hundred dollars ($2,500) per day for each day for such delay. The parties acknowledge and agree that the actual damages that the Port will suffer in the event of a delay are difficult to calculate and that this sum represents a reasonable forecast of the harm likely to be suffered as a result of increased labor costs and delays associated with the Work. Nothing in this Agreement, however, is intended to alter the parties’ allocation of risk associated with any failure of Towers 2, 3, or 5 – whether before, during or after the Work is completed – as may be set forth in the Lease.
RESPONSIBILITY FOR DELAYS. In the event that the Port fails to meet the schedule requirements of Section 3.c, the Port shall be responsible to Xxxxx Xxxxxxx for liquidated damages in the amount of two thousand five hundred dollars ($2,500) per day for each day beyond September 30 that the Work performed in any given year is not substantially complete. The Port shall not, however, be responsible for liquidated damages for any work deferred from one year to the next so long as it is performed within an agreed shutdown period between May 1 and September 30, 2011. The parties acknowledge and agree that the actual damages that Xxxxx Xxxxxxx will suffer in the event of a delay are difficult to calculate and that this sum represents a reasonable forecast of the harm likely to be suffered as a result of increased labor costs and delays associated with the operation of the terminal. Nothing in this Agreement, however, is intended to alter the parties’ allocation of risk associated with any failure of Towers 2, 3, or 5 – whether before, during or after the Work is completed – as may be set forth in the Lease.
RESPONSIBILITY FOR DELAYS. 9.01 Except for delays caused by the Contractor's negligence or delays caused by mechanical break-down of Contractor's equipment, the Owner shall bear all expense in connection with each hole, as set forth in Schedule D hereto.
RESPONSIBILITY FOR DELAYS. If Tenant causes any delay in construction the Leasehold Improvements to the Premises, whether by reason of delays in performance or completion by a party employed by Tenant, or by reason of building code problems arising form Tenant's design, or by reason of changes in the work ordered by Tenant after Landlord's approval of the Plan, then notwithstanding the provisions of the Lease, or any other provision of this Exhibit D, Tenant's obligation to commence paying rent shall commence number of days before the date landlord tenders possession of the substantially completed Premises to Tenant equal to the number of days delay caused by Tenant and the Lease Commencement Date shall be adjusted accordingly.
RESPONSIBILITY FOR DELAYS. If solely Tenant shall cause any delay in the construction of the Premises, whether by reason of any failure by Tenant or parties under Tenant control to comply with the applicable time schedule set forth in Paragraph B(4), or by reason of changes in the work ordered by Tenant that materially deviate from the Final Plans, then notwithstanding the provisions of the Lease or any other provision of this Exhibit, any resulting delay in completing the Premises shall not in any manner affect the Lease Commencement Date, delay the Manufacturing CO Date beyond September 30, 2021, or in any way affect the Tenant's obligation to pay Basic Annual Rent thereupon as set forth in the Lease. If solely Landlord shall cause any delay in the construction of the Premises, whether by reason of any failure by Landlord to comply with the applicable time schedule set forth in Paragraph B(4) or by delays in performance of completion by a party employed by Landlord, and if such delay results in a temporary certificate of occupancy for the Premises not being issued by the Township of Plainsboro by September 30, 2021, then the Manufacturing CO Date (and the commencement of Basic Annual Rent payments in connection therewith) shall be deemed to be the last day of the month in which the temporary certificate of occupancy is actually obtained. In the event of a delay as described above, Landlord and Tenant each covenant to each other to cooperate to ensure a prompt completion of the Premises. In no event shall a delay due to equipment backorders, shortages, or delivery delays be deemed a Landlord-caused delay under this paragraph.
RESPONSIBILITY FOR DELAYS. Tenant hereby expressly agrees that if Tenant is responsible for any delay in substantial completion of the Premises, whether by reason of (i) failure to meet the time schedule set forth in Section 7 above, (ii) delays in performance or completion by a party employed by Tenant, NO building code problems arising from Tenant's design, or (iv) an unapproved change in the work necessitated by Tenant, or (iv) any other reason, the same shall not delay the Commencement Date.
RESPONSIBILITY FOR DELAYS. Tenant hereby expressly agrees that if Tenant is responsible for any delay in substantial completion of the Premises, whether by reason of (i) failure to meet the time schedule set forth in paragraph 5 above, (ii) delays in performance or completion by a party employed by Tenant, (iii) building code problems arising from Tenant's design, or (iv) an unapproved change in the work necessitated by Tenant, Landlord will suffer loss or damage (which loss or damage may include administrative costs, attorney's fees, excess interest penalties and loss of income), the amount of which would be extremely difficult to ascertain. Therefore, it is expressly agreed that for each day of such delay attributable to Tenant the Commencement Date shall be accelerated as set forth in Article 10 of the Lease. Furthermore, if Tenant unreasonably fails to approve the Plans within ninety (90) days after execution of the Lease or fails to pay the estimated costs of Over Standard Work within thirty (30) days after the same become due and payable. Landlord may cancel the Lease upon written notice to Tenant and in such event Landlord shall not be precluded by reason of the foregoing from recovering any additional damages it may suffer as a result of such cancellation. It is acknowledge and agreed by Tenant that notwithstanding the provisions for accelerated Commencement Date provisions, from pursuing any rights or remedies available under the law for losses incurred as a result thereof.
RESPONSIBILITY FOR DELAYS. If Landlord or Tenant shall cause any delay in the construction of any Tenant Improvements, whether by reason of any failure by Landlord or Tenant to comply with the applicable time schedule or by Tenant’s requirement of specialty materials or installations or by delays in performance of completion by a party employed by Tenant, or by reason of building code problems arising from Tenant’s design, or by reason of changes in the Tenant Improvements ordered by Tenant, then notwithstanding the provisions of the Lease or any other provision of this Exhibit, any such delay shall not in any manner affect Tenant’s liability for the payment of Rent as set forth in the Lease.
