Conduct of Construction Sample Clauses

Conduct of Construction. After Tenant has Commenced Construction of the Improvements, such construction shall be diligently prosecuted so that the affected portion of the Premises shall not remain in a partly finished condition any longer than is reasonably necessary. In no event shall there be a Stoppage of Construction because of any action of the Tenant for a continuous period in excess of sixty (60) days, which sixty-day period may be extended day for day due to the occurrence of the events described in clauses (a), (b), and (c) of Section 3.3.1 above. In addition, no material excavation shall be made on any portion of the Premises and no material amount of sand, gravel, soil or other material shall be removed therefrom, other than in connection with the construction or alteration of the Improvements in accordance with the Construction Requirements. It is Tenant’s responsibility to design and construct the Improvements in compliance with federal and state laws, codes, rules, regulations, ordinances, and CSU construction standards. Copies of the CSU construction standards are attached hereto as Exhibit C. Tenant shall promptly notify both Landlord and the California Division of Oil, Gas and Geothermal Resources in the event that in the course of grading and construction Tenant or its Contractor discover any unrecorded, abandoned oil or gas xxxxx, or in the event that any oil or gas xxxxx, whether abandoned or not, are damaged or uncovered during the course of grading and construction. Tenant shall be solely responsible for complying with all applicable requirements of the California Division of Oil, Gas and Geothermal Resources in the event that remediation, recapping or other work is required with respect to any oil xxxxx on the Property, whether abandoned or not. Tenant shall pay to the University a development fee in the amount of two percent (2%) of all hard and soft construction costs (not including financing costs), to reimburse the university for CSU review for compliance with: CSU seismic requirements, construction code requirements, California Building Code requirements (including access requirements), inspection by CSU and the State Fire Xxxxxxxx for fire code compliance, and CSU coordination.
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Conduct of Construction. Contractor shall comply with and fully carryout the Final Conduct of Construction Plan completed in compliance with the Preconstruction Services Agreement. Additionally, Contractor shall manage the construction work so that it is completed in accordance with MST safety certification process and start- up and testing plan. When required by the General Provisions or Drawings, Contractor shall follow the sequence of operations as set forth in the Final Conduct of Construction Plan and the Construction Management Plan completed in compliance with the Preconstruction Services Agreements.
Sample 1
Conduct of Construction. After commencement of construction of the Updated Improvements (a) such construction shall be diligently prosecuted so that the affected portion of the Premises shall not remain in a partly finished condition any longer than is reasonably necessary and in any event there shall be no stoppage of construction for a continuous period in excess of sixty (60) days, which sixty-day period may be extended day for day due to the occurrence of the events described in Sections 3.3.1(a) and (b) above, (b) no material excavation that would alter drainage patterns or require a grading permit shall be made on any portion of the Premises and no material amount of sand, gravel, soil or other material shall be removed therefrom that would alter drainage patterns or require a grading permit, other than in connection with the construction of the Updated Improvements in accordance with the Construction Requirements. All imported soil shall be certified by a duly licensed soils engineer as being in compliance with Hazardous Substance Laws and acceptable for community college purposes pursuant to applicable Laws, and shall be compacted to meet the Construction Requirements depending upon the location and expected use.
Sample 1
Conduct of Construction. After construction of the Project is commenced, the same shall be prosecuted diligently, in accordance with the Final Plans, in good workmanlike manner and in compliance with all applicable laws and regulations of all relevant governmental bodies and pursuant to the conditions of the governmental approvals. Lessee shall be responsible for coordinating the work schedule for construction of the Project with Lessor. The Parking Improvements shall be constructed within the bounds of the Leased Premises; provided that required work beyond the Leased Premises for utilities or access shall not be considered a violation of this provision. Unless DACS has 16573214V.12 given its prior written consent, Lessee will not store construction equipment or materials on property adjacent to the Leased Premises and will not permit construction workers, whether employees or agents of Lessee or its contractors or subcontractors, to park in unauthorized areas. If so required by Lessor, Lessee shall take reasonable measures during construction to prevent debris and other hazards from entering onto adjacent property. Lessor, through DACS and the State Construction Office, reserves the right to inspect construction of the Parking Improvements while in progress to assure conformity with the Final Plans. During the Term, Lessee shall be responsible for the Leased Premises and, except as provided herein, Lessor shall have no liabilities, obligations or responsibilities whatsoever with respect to the Leased Premises or with respect to any plans or specifications submitted to Lessor pursuant to this Lease.
Sample 1
Conduct of Construction. NOXSO shall have primary management control of the design and construction of the Project Facilities and the operation of the Project.
Sample 1
Conduct of Construction. The Management Committee will cause the Operator to, and the Operator will, proceed with Construction with all reasonable dispatch after a Production Notice has been given. Construction will be substantially in accordance with the Construction Program subject to the right of the Management Committee to cause such reasonable variations in the Construction Program to be made as the Management Committee deems appropriate from time to time.
Sample 1

Related to Conduct of Construction

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • Other Rules of Construction (i) References in this Agreement to any gender shall include references to all genders. Unless the context otherwise requires, references in the singular include references in the plural and vice versa. References to a party to this Agreement or to other agreements described herein means those Persons executing such agreements.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Manner of Construction All Alterations performed by or on behalf of Tenant shall be performed: (a) at Tenant’s sole cost and expense, which shall include, without limitation, payment to Landlord (to the extent required to be paid by Landlord to Master Landlord under Section 8.2 of the Master Lease) of Master Landlord’s reasonable out-of-pocket costs incurred by Master Landlord to review Tenant’s plans and specifications for the Alterations; (b) in a diligent and good and workmanlike manner; (c) in compliance with all Applicable Laws and in substantial conformance with the plans and specifications therefor submitted by Tenant to Landlord and Master Landlord (and approved by Landlord and Master Landlord, to the extent such approval was required); (d) by contractors and subcontractors selected by Tenant and reasonably approved by Landlord and Master Landlord (and Landlord shall cause Master Landlord to not unreasonably withhold consent) (except that pursuant to the Master Lease, Master Landlord may reasonably designate the contractors and subcontractors to perform all B/S Alterations provided such contractors and subcontractors are unrelated to Master Meet Me Room Sublease Landlord or Landlord and agree to perform such work at competitive prices and are reasonably available); (e) in conformance with Master Landlord’s reasonable, non-discriminatory construction rules and regulations (which Landlord shall make available or cause Master Landlord to make available to Tenant upon request); and (f) in such manner so as not to unreasonably obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to unreasonably interfere with Master Landlord’s normal and customary business operations at the Building or Project or other tenants’ or occupants’ use or enjoyment of their premises for reasonable and customary uses. In addition, prior to the commencement of such Alterations, Tenant shall provide Landlord and Master Landlord with evidence that Tenant or its contractor carries “Builder’s All Risk” insurance in an amount reasonably approved by Landlord (provided Landlord shall not withhold approval unless Master Landlord reasonably withholds approval to the extent allowed under the Master Lease) (not to exceed the amount of coverage typically required by landlords of Comparable Buildings) covering the construction of such Alterations, and such other insurance as Master Landlord under the Master Lease may reasonably require. Tenant shall, within twenty (20) days after demand, remove or bond against any liens imposed against the Building or Project as a result of the performance by Tenant of any Alterations and/or installation by Tenant of any furniture, fixtures or equipment in or at the Premises, Building or Project, and shall indemnify, defend and hold Landlord and Master Landlord harmless from and against all Claims in connection with any such liens.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Principles of Construction All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.

  • General Rules of Construction Except as expressly stated otherwise, all references to “Paragraph(s)” or “Section(s)” in this Contract are references to Paragraphs and Sections of this Contract or the Exhibits attached to this Contract; and all references to Exhibit(s) are references to the Exhibits attached hereto. The table of contents and headings used in this Contract are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of this Contract or the scope or intent of its provisions, are not a part of this Contract, and will not enter into the interpretation of this Contract. All references to “days” in this Contract mean calendar days unless otherwise stated. The term “business day” means Monday through Friday, excluding holidays observed by the School District.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

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