Commencement and Completion of the Work. §3.1 The Owner anticipates that the Project, or the portion or portions thereof where the Work is to be performed, will achieve the state of completion necessary for the Contractor to
§3.2 A description of the following matters is attached hereto as Attachment II (the “Proposal”) to the extent applicable to the Work:
(a) The items of furniture, furnishings, fixtures, equipment and other matters (the “FF&E”) to be furnished and/or installed by the Contractor under the Contract Documents (collectively, the “Work”);
(b) A schedule of the prices to the Owner of the individual items of FF&E included in the Work (the “Schedule of Prices”), which Schedule of Prices was used by the Contractor in the calculation of the Contract Sum; and
(c) A schedule for performance of the Work (the “Performance Schedule”), which Performance Schedule shall satisfy the requirements of Section 3.3 below.
§3.3 At such time as the Project, or the portion or portions thereof where the Work is to be performed, have achieved the necessary state of completion for the Contractor to commence the performance of the Work, the Owner shall give written notice thereof to the Contractor (the “Commencement Notice”), and the Contractor shall (i) commence performance of the Work within five (5) business days after the date of the Commencement Notice and (ii) achieve Final Completion (as defined in the General Conditions) of all of the Work within ( ) days [NOTE TO DRAFTER: Please insert the Final Completion date.] after the date of the Commencement Notice (the “Contract Time”), subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor must notify the Owner and the Consultant within five (5) days of any event that the Contractor believes entitles the Contractor to an extension of the Contract Time. It shall be the Contractor’s responsibility to establish that any alleged delay affected the agreed schedule. Failure to timely notify the Consultant and Owner shall be a waiver by Contractor of any right to an extension of the Contract Time for such event. In the event of a delay not excused under the terms of the Contract Documents, the Contractor shall, at the direction of the Owner, accelerate performance of the Work by means of overtime, additional crews or resequencing of the Work in order to achieve Final Completion of the Work within the Contract Time, all at the Contractor’s sole cost and expense, not to be included in the Contract Sum.
Commencement and Completion of the Work. A. Time is of the essence of this Agreement. Subcontractor agrees to supply materials, labor and equipment as necessary to commence this Sublet Work when directed by Contractor. Subcontractor shall diligently pursue the completion of its Sublet Work, and coordinate its Sublet Work with that being done on the Project by Contractor and other trades so that its Sublet Work or the work of others shall not be delayed or impaired by any act or omission of an act by Subcontractor. Contractor shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Subcontractor on the premises.
B. Contractor may prepare a coordinated Progress Schedule in connection with each Work Release or series of Work Releases; and if it does so, Subcontractor is required to perform its work in accordance with the Progress Schedule (as defined and provided in the Master Agreement). Subcontractor acknowledges that revisions may be made in such Schedule and agrees to make no claim for acceleration or delay by reason of such revisions, including, but not limited to, revisions altering the sequence of Subcontractor’s Work, so long as such revisions are of the type normally experienced in work of this scope and complexity. Should Subcontractor, in the sole and exclusive opinion of Contractor, fail to maintain the progress of the Work, Contractor may direct Subcontractor to take such steps as Contractor deems necessary to improve the rate of progress of the Work, including requiring the Subcontractor to increase the number of shifts and/or overtime operations, days of work, or other remedies, and to submit for approval a schedule demonstrating the manner in which the required rate of progress will be regained, without additional cost to Contractor. Contractor may require Subcontractor to prosecute in preference to other parts of the Work, such part or parts of the Work as Contractor may specify. In the event Subcontractor is unable to maintain progress in accordance with the Schedule by reason of events for which extensions of time are permitted in the Prime Contract, Subcontractor's time for completion shall be extended for such amount of time as Contractor and Subcontractor agree to, provided, that a time extension in at least the same amount of time is given by Owner to Contractor, and further provided, t...
Commencement and Completion of the Work. Austin Engineering shall execute and return its acceptance copy of this Agreement within ten (10) days of receipt. Within ten (10) days of the effective date of this Agreement, Austin Engineering shall furnish properly executed performance and payment bonds and furnish an acceptable baseline schedule in accordance with the Contract Documents. After full execution of this Agreement and the requisite bonds are provided, City of Leander shall issue a notice to proceed to Austin Engineering on November 11, 2019. Within ten (10) days of City of Leander’s notice to proceed, Austin Engineering shall commence its completion of the Work. Austin Engineering shall complete the Work within 120 calendar days of the notice to proceed. Austin Engineering agrees to use all commercially reasonable efforts to complete the Work as set forth above.
Commencement and Completion of the Work. (1) At Contractor’s sole discretion, Contractor may notify Buyer, including within the Agreement or a Project schedule, of the estimated date of the commencement of the Work and/or of an estimated date of completion of the House. Xxxxx agrees that, notwithstanding any estimated commencement or completion date provided by Contractor, Contractor makes no absolute guarantees as to the date of commencement of the Work, or of substantial or final completion of the House, due to the various uncontrollable variables that can occur in construction.
(2) Buyer acknowledges and agrees that Contractor’s Work may be delayed or otherwise affected by reason of weather, fire, Act of God, strike, or the like; delays relating to the actions or omissions by subcontractors and suppliers, including delays in material/deliveries; unanticipated site condition delays; Upgrades, Overages, Additional Work Authorizations, and other Change Orders; delays caused by the actions or omissions of Buyer or Buyer’s agents, including delays by Buyer in selecting Allowance or other items; other delays beyond the control of Contractor; and/or other good faith or good cause delays. The Parties agree that Contractor shall have no liability to Buyer for any of the aforementioned delays and that any such delay shall not be a basis for Buyer to breach this Agreement or refuse to submit any Progress Payment.
(3) If Contractor, pursuant to the terms herein, properly elects to stop its Work due to a failure by Buyer to timely make any required payment, or if there is any other delay not the direct fault of Contractor, then Buyer is responsible for all additional costs beyond the Contract Price resulting from such delay or stoppage in the Work, including but not limited to, additional labor costs, costs for winter/weather protection, and any other resulting costs, all of which will result in an upward adjustment of the Contract Price.
Commencement and Completion of the Work. The Contractor agrees to begin and complete the work within the time specified in the Notice of Inviting Bids. Time is of the essence in completing the project.
Commencement and Completion of the Work. Time is of the essence. The dates listed in Appendix A are critical to the project schedule and are contractual obligations to Contractor. Contractor shall furnish sufficient forces, facilities and equipment and shall work such hours, including extra days and shifts to achieve the milestone dates listed.
Commencement and Completion of the Work. When the Final Plans, Project Schedule, and Final Tenant Cost Statement have been approved in writing by Landlord and Tenant and any Permits required for the commencement of construction of the Work have been obtained, then Landlord shall cause Contractor and the Subcontractors and Suppliers to commence and to thereafter diligently prosecute the construction of the Work so that the Work will be Substantially Completed in accordance with the Final Plans by the Scheduled Completion Dates therefor contained in the Project Schedule (as amended).
Commencement and Completion of the Work. Time being of the essence, Developer, after receipt of all required Permits, shall, subject to the terms and provisions of this Agreement, prosecute the Work diligently, using such means and methods of construction and sufficient employees as Developer reasonably believes are necessary to maintain the progress of the Work substantially in accordance with the Working Development Schedule and to Complete the Casino Complex in accordance with the requirements of the Construction Documents no later than the Agreed Upon Opening Date. Subject to Section 7.2, Developer agrees to use commercially reasonable efforts to open to the public for their intended use no less than ninety percent (90%) of the retail and restaurant space within nine (9) months following the Completion Date and the balance of the Casino Complex within a commercially reasonable time following the Completion Date.
Commencement and Completion of the Work. The Work shall be commenced by Contractor only upon receipt of the Notice to Proceed (except with respect to Value Engineering Services requested by the Owner as provided in Section 3.4) and shall be completed according to the dates set forth in Exhibit J, subject to any extensions of time pursuant to the terms of the Contract Documents.
Commencement and Completion of the Work a) The Contractor shall commence the Work under the Contract no later than <month & year>.
b) The Contractor shall provide the technical specifications and documentation necessary for the preparation of the Plant Site, including the plans for the installation and the technical specifications of the Equipment foundations, within <number of months> from the date of commencement of the Work under the Contract.
c) The Contractor shall deliver the Equipment to the Plant Site in the month of .
d) All the Work under the Contract shall be completed by the Contractor and performance warranted
