Common use of CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS Clause in Contracts

CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services and Works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the owner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 of the Municipal Act, 2001, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 3 contracts

Samples: Site Plan Control Agreement, Site Plan Control Agreement, Site Plan Control Agreement

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CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services services and Works works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ days notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the owner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 353 of the Municipal Act, 2001, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 2 contracts

Samples: Site Plan Control Agreement, Site Plan Control Agreement

CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services services and Works works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ days notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the ownerOwner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 353 of the Municipal Act, 2001, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 1 contract

Samples: Site Plan Control Agreement

CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services and Works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the owner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 of the Municipal Act, 2001, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 1 contract

Samples: Site Plan Control Agreement

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CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services services and Works works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ days notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the owner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 353 of the Municipal ActXxxxxxxxx Xxx, 20010000, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 1 contract

Samples: Site Plan Control Agreement

CONSTRUCTION AND PROGRESS OF SERVICES AND WORKS. i. The Owner shall construct all Services services and Works works set forth in Schedule C and all utilities referred to in Section 8.a.v. in accordance with the Schedule of Progress and Completion which is to be provided to and approved by the Town prior to commencement of construction and shall carry out all other terms of this Agreement. If the Owner fails to do so or, having commenced to do so, fails or neglects to proceed with reasonable speed or in the manner required by the Town, the Town may, upon giving seven (7) days’ days notice to the Owner of its intention to do so, enter upon the Lands and proceed to construct or complete the construction of such services or works or utilities including the repair or reconstruction of faulty work and carry out such other terms of this Agreement at the ownerOwner’s expense and pay such expense by deducting it from the security lodged by the Owner and any balance unpaid shall be a lien upon the Lands and shall be paid by the Owner forthwith upon demand and may be collected by action or as municipal taxes pursuant to Section 446 353 of the Municipal ActXxxxxxxxx Xxx, 20010000, as amended, supra. ii. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or works or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits or reduce letters of credit until the construction of such services or works or utilities are completed or such other breach of this Agreement is remedied.

Appears in 1 contract

Samples: Site Plan Control Agreement

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