Changes, Delays Sample Clauses

Changes, Delays. The design and construction process specified above is intended to assist Tenant in the definition of its improvements so the drawings can be completed as quickly as possible and, once the drawings are complete, the work may progress without interruption and be completed and ready for occupancy by Tenant at the soonest possible date. Despite the best efforts of both parties, Landlord recognizes that Tenant, for its own reasons, may want to delay providing its Conceptual Plan, alter or delay the approval of the Schematie Plan of the Construction Drawings, or otherwise delay the design, approval, construction, and/or completion of the Tenant Improvements. Landlord and Tenant agree on the need to establish a procedure to make such changes or permit such delays so that Tenant may obtain the improvements it desires and Landlord may be compensated for the cost it incurs either through delays or as the result of additional costs incurred because of changes required by Tenant. In consideration of the above, Landlord and Tenant Agree as follows: If Tenant fails to deliver Tenant’s Conceptual Plan (or any other information requested by Landlord) by the date specified above (or if no date is specified than within five (5) days following request by Landlord) or fails to approve Schematic Plan or the the Construction Drawings within the time provided for such approval, or otherwise delays the construction of the Tenant improvements, and if Landlord notifies Tenant in writing within a reasonable period of time that tenant’s action or failure to act has or will cause a delay, then Tenant shall be charged a Delay Day for each day that the design, construction, approval, or completion of Tenant improvements is so delayed or postponed. If Tenant after its initial approval of Construction Drawings delivers any proposed change to the Construction Drawings which in Landlord’s reasonable judgment would delay completion of construction of the Tenant Improvements as indicated in the Construction Drawings prepared by Landlord’s Architect, Landlord may require Tenant, at Tenant’s election, to either (a) agree to accept a Delay Day for each day that Landlord reasonably believes that the design, approval, construction, or completion of the improvements shall be delayed, or (b) delete such proposed change. If Tenant fails to deliver its written agreement pursuant to (a) above within two (2) days after Landlord notifies Tenant of the fact that such proposed change will result in a dela...
Sample 1
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Changes, Delays. At any time prior to delivery, ISR may request in writing any substitutions, deviations, additions, or deletions (hereinafter referred to as "Changes") in the Carousel Product and in the specifications or drawings incorporated in this Agreement or the Purchase Order. All of the terms and conditions of this Agreement shall apply to such Changes. If Diamond's performance is delayed by any such Changes or by other causes within control of ISR, ISR agrees to reimburse Diamond for reasonable and documented expenses incurred as a result of such delay, including without limitation, the costs of storing, maintaining, repairing, and refurbishing Carousel Product, demurrage, labor and material escalation and pull out charges. Upon request by ISR, Diamond shall provide to ISR an itemized list of all such expenses with supporting documentation. In such event, ISR also agrees to excuse the delay and accept Diamond's performance at any appropriately deferred completion date.
Sample 1
Changes, Delays. At any time prior to delivery, FARMERGY may request in writing any substitutions, deviations, additions, or deletions (hereinafter referred to as "Changes") in the Energy Product and in the specifications or drawings incorporated in this Agreement or the Purchase Order. All of the terms and conditions of this Agreement shall apply to such Changes. If SNI's performance is delayed by any such Changes or by other causes within control of FARMERGY, FARMERGY agrees to reimburse SNI for reasonable and documented expenses incurred as a result of such delay, including without limitation. Upon request by FARMERGY, SNI shall provide to FARMERGY an itemized list of all such expenses with supporting documentation. In such event, FARMERGY also agrees to excuse the delay and accept SNI's performance at any appropriately deferred completion date.
Sample 1

Related to Changes, Delays

  • Changes, etc This instrument and the provisions hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Changes, Waivers, Etc Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Absence of Changes or Events Except as set forth in Section 3.7 of the Company Disclosure Letter, since December 31, 2000 through the date of this Agreement, the Company and its Subsidiaries have not incurred any liability or obligation that has resulted or would reasonably be expected to result in a Company Material Adverse Effect, and there has not been any change in the business, financial condition or results of operations of the Company or any of its Subsidiaries which has had, or would reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, and the Company and its Subsidiaries have conducted their respective businesses in the ordinary course consistent with their past practices.

  • Absence of Certain Changes, Events and Conditions Since the Balance Sheet Date, and other than in the ordinary course of business consistent with past practice, there has not been, with respect to the Company, any:

  • Absence of Certain Changes or Events Except as disclosed in the SEC Documents (including exhibits thereto) filed and publicly available prior to the date of this Agreement and the proof dated June 13, 1998 of Amendment No. 1 to the Registration Statement on Form S-3 of the Company (Registration No. 333-55883) (the "S-3 Amendment") in the form heretofore delivered to Purchaser (the "Filed SEC Documents"), or in the Disclosure Letter, from the date of the most recent audited financial statements included in the Filed SEC Documents to the date of this Agreement, the Company and each of its Subsidiaries has conducted its business only in the ordinary course and there has not been (i) any material adverse effect on the Company and its Subsidiaries taken as a whole, (ii) any event or occurrence that would have a material adverse effect on the Company and its Subsidiaries taken as a whole, (iii) any declaration, setting aside or payment of any dividends or distributions in respect of the Shares other than the regular quarterly dividend in the amount of $0.70 per Share, (iv) any split, combinations or reclassification of any of its capital stock or any issuance or the authorization of any issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, (v) except as contemplated by Section 7.4 hereof, (A) any granting by the Company or any of its Subsidiaries to any executive officer of the Company or any of its Subsidiaries of any increase in compensation, except as was required under employment agreements or benefit plans in effect as of the date of the most recent audited financial statements included in the Filed SEC Documents, (B) any granting by the Company or any of its Subsidiaries to any such officer of any increase in severance or termination pay, except as was required under employment, severance or termination agreements in effect as of the date of the most recent audited financial statements included in the Filed SEC Documents, (C) any entry by the Company or any of its Subsidiaries into any employment, severance or termination agreement or arrangement with any officer or employee or (D) any increase in benefits available under or establishment of any Benefit Plan (as defined in Section 4.10) (including the granting of stock options, stock appreciation rights, performance awards or restricted stock awards or the amendment or acceleration of vesting of any existing stock options, stock appreciation rights, performance awards or restricted stock awards), except in the ordinary course of business consistent with past practice, (vi) any damage, destruction or loss to physical properties owned or used by the Company, whether or not covered by insurance, that would have a material adverse effect on the Company and its Subsidiaries, taken as a whole, (vii) any revaluation by the Company of any of its material assets, (viii) except as provided in Section 7.4, any actual or approved acceleration of vesting or conversion of contingent restricted shares of stock or other amendment to or modification of outstanding Company Stock Options, DSCs, phantom stock units or contingent of performance-based restricted stock, or (ix) any material change by the Company in its accounting principles or practices except insofar as may have been required by a change in generally accepted accounting principles. Except as and to the extent set forth in the Company's Annual Report on Form 10-K for the year ended December 31, 1997, or in any subsequent Filed SEC Document or the Disclosure Letter, neither the Company nor any of its Subsidiaries has any liabilities or obligations of any nature, whether or not accrued, contingent or otherwise, that would be required by generally accepted accounting principles to be reflected on a consolidated balance sheet of the Company and its Subsidiaries (including the notes thereto), except for liabilities or obligations incurred in the ordinary course of business since December 31, 1997, that would not, individually or in the aggregate, have a material adverse effect.

  • Changes and Alterations Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:

  • Amendments, Changes and Modifications This Agreement may be amended, changed, modified, altered or terminated only by written instrument or written instruments signed by all of the parties hereto.

  • Absence of Certain Changes and Events Except as set forth in Part 3.16 of the Disclosure Letter, since the date of the Balance Sheet, the Company has conducted its business only in the Ordinary Course of Business and there has not been any:

  • Material Changes or Material Transactions Since the respective dates as of which information is given in the Registration Statement and the Prospectus, except as may otherwise be stated therein or contemplated thereby, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

  • Changes to Fee Structure In the event of Listing, the Company and the Advisor shall negotiate in good faith to establish a fee structure appropriate for a perpetual-life entity.

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