Construction and Scheduling Sample Clauses

Construction and Scheduling. 4.3.1 Before beginning delivery, installation, replacement or removal work for equipment and/or facilities located within the collocation space, AFS must obtain ACS’ written approval of AFS’ proposed scheduling of the work in order to coordinate use of temporary staging areas, freight elevators, and other building facilities. ACS may request additional information before granting approval and may require scheduling changes; however, approval will not be unreasonably withheld. 4.3.2 ACS has the right to inspect AFS’ completed installation of equipment and facilities occupying a collocation space and associated building entrance facilities. ACS also may make subsequent and periodic inspections of the AFS’ equipment and facilities. These subsequent periodic inspections will be made no more than once per month, except when they are required by public safety, fire or insurance agencies or in cases of emergencies. If AFS is found to be in non-compliance with the terms and conditions of this Agreement, AFS must modify its installation to achieve compliance. ACS will notify AFS in writing two (2) days in advance of ACS initiated inspections, except in the case of emergencies, and AFS shall have the right to be present at the time of the inspection. 4.3.3 In the event that an emergency or agency request necessitates an inspection, ACS will, as soon as reasonably possible after the emergency or agency inspection request, notify AFS of the emergency or agency inspection request and the nature of the emergency or agency request. AFS shall have the right to be present at the time the outside agency inspection takes place. ACS will, where practical, inform AFS by telephone of any emergency-related activity that ACS or its subcontractors may be performing in the collocation space. 4.3.3.1 AFS shall provide a written logbook for ACS’ employees or contractors to sign when they enter AFS’ caged collocation space. 4.3.4 With ACS’ prior written consent, AFS shall be permitted to use a portion of the ACS premises, central office and loading areas, if available, on a temporary basis during AFS’ equipment installation work in the collocation space. An AFS representative must sign for all equipment deliveries requiring signatures of receipts. No ACS employee will accept delivery of AFS’ equipment. AFS is responsible for protecting ACS’ equipment, walls, and flooring within the staging area and along the staging route. AFS will meet all ACS fire, safety and environmental requireme...
AutoNDA by SimpleDocs
Construction and Scheduling. (a) Developer will comply with all applicable Governmental Requirements in the development, construction and financing of the Casino Complex and will achieve Completion on or before the Completion Date and Final Completion on or before Final Completion Date. Upon Completion, the Casino Complex will conform to First Class Casino Standards and to all applicable Governmental Requirements. Notwithstanding the foregoing, Developer’s obligation to achieve Completion by December 31, 2005 and Final Completion by the Final Completion Date is subject to: (i) Force Majeure and (ii) there being be no order or ruling from a court of competent jurisdiction which would deprive Developer of a material portion of the economic benefits anticipated from its Casino Complex. In the event of a dispute over the applicability of clause (i)-(ii) above, such dispute shall be resolved by arbitration in accordance with Section 14.16. (b) City will expeditiously and appropriately process all requests and applications made by or on behalf of Developer for SD-5 zoning and site plan approvals, construction and related permits and inspections, street and alley vacations, grants of air rights, liquor and bar licenses, certificates of occupancy, and other such construction related matters, in order to assist Developer in its efforts to achieve Completion and Final Completion as set forth in Section 2.5(a).
Construction and Scheduling. (a) Developer will comply with all applicable Governmental Requirements in the development, construction and financing of the Casino Complex and will achieve Completion in accordance with the following schedule: i. Promptly upon identifying a permanent casino site which is acceptable to Developer. Developer will seek the requisite approvals from the City and City Council, including zoning street vacations, infrastructure commitments (onsite and offsite), and other actions by the City and/or City Council necessary for development of the site. Upon obtaining such approvals and favorable actions (the "Start Date"), Developer will diligently proceed with the design development process, including preparation of design and construction documents, permit applications, and similar matters. Developer anticipates that the design development process will take not more than eight (8) months from the Start Date, subject to Force Majeure. Developer will use its commercially reasonable efforts to accelerate that process. ii. From the date the City and/or City Council, as appropriate, issues requisite building and other permits necessary for construction of the permanent hotel/casino complex, Developer commits to complete such hotel/casino complex within thirty-two (32) months, subject to Force Majeure. Developer will use commercially reasonable efforts to accelerate that schedule. iii. The schedules and commitments referred to in subparagraphs (i) and (ii) above will be conditioned upon the City and its departments, agencies and instrumentalities cooperating with Developer to facilitate the planning, permitting and construction process. iv. Developer will achieve Final Completion before the Final Completion Date. (b) Upon Completion, the Casino Complex will conform to First Class Casino Complex Standards and to all applicable Governmental Requirements. (c) Notwithstanding anything to the contrary contained in this Section 2.5 Developer's obligation to achieve Completion by the Completion Date and Final Completion by the Final Completion Date is subject to: (i) Force Majeure and (ii) there being be no order or ruling from a court of competent jurisdiction which would deprive Developer of a material portion of the economic benefits anticipated from its Casino Complex. In the event of a dispute over the applicability of clause (i)-(ii) above, such dispute shall be resolved by arbitration in accordance with Section 14.16. (d) City will expeditiously and appropriately process...
Construction and Scheduling. Caesars Virginia will comply with all applicable Governmental Requirements in the development, construction and Financing of the Project and will achieve Final Completion on or before the Final Completion Date. Specifically, Xxxxxxx Virginia agrees that any contractor hired for construction of the Project shall be required to (i) pay the local prevailing wage rate as determined by the U.S. Secretary of Labor under the provisions of the Xxxxx-Xxxxx Act, 40 U.S.C. § 276 et seq., as amended, to each laborer, xxxxxxx, and mechanic the contractor employs on the site; (ii) participate in apprenticeship programs that have been certified by the Virginia Department of Labor and Industry or the U.S. Department of Labor; (iii) establish preferences for hiring residents of the City and adjacent localities, veterans, women, and minorities for work performed on the site; (iv) provide health insurance and retirement benefits for all full-time employees performing work at the Project; and (v) require that the provisions of clauses (i) through (iv) herein be included in every subcontract so that the provisions will be binding upon each subcontractor. Upon Final Completion, the Project will conform to First Class Casino Standards and to all applicable Governmental Requirements. Notwithstanding the foregoing, Caesars Virginia’s obligation to achieve Final Completion by the Final Completion Date is subject to Force Majeure.
Construction and Scheduling. (a) Developer will comply with all applicable Governmental Requirements in the development, construction and financing of the Casino Complex and will achieve Completion on or before December 31, 2005 and Final Completion on or before Final Completion Date. Upon Completion, the Casino Complex will conform to First Class Casino Standards and to all applicable Governmental Requirements. Notwithstanding the foregoing, Developer's obligation to achieve Completion by the Completion Date and Final Completion by the Final Completion Date is subject to: (i) Force Majeure and (ii) there being be no order or ruling from a court of competent jurisdiction which would deprive Developer of a material portion of the economic benefits anticipated from its Casino Complex. In the event that Developer fails to achieve Completion as required by this Section 2.5(a), and such failure constitutes an Event of Default, then for each day from the first day of such Event of Default until the date of Completion, the City shall be entitled to liquidated damages from Developer in the amount of $50,000. (b) City will expeditiously and appropriately process all requests and applications made by or on behalf of Developer for SD-5 zoning and site plan approvals, construction and related permits and inspections, street and alley vacations, grants of air rights, liquor and bar licenses, certificates of occupancy, and other such construction related matters, in order to assist Developer in its efforts to achieve Completion and Final Completion as set forth in Section 2.5(a).
Construction and Scheduling 

Related to Construction and Scheduling

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • CONSTRUCTION AND RENOVATION Construction and renovation projects for a state, local, territorial, or Tribal government’s principal Emergency Operations Center (EOC) as defined by the State Administrative Agency are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG xxxxxx.xxx posting) to their Regional EMPG Manager for review. Additionally, recipients are required to submit a SF-424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub-Recipients must submit evidence that the Federal Communication Commission’s (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to Grants Program Directorate (GPD) prior to submitting materials for EHP review. Sub-Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub-Recipient believes an Environmental Assessment (EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to xxxxxxxxxx@xxxx.xxx. EMPG Program Sub-Recipients using funds for construction projects must comply with the Xxxxx-Xxxxx Act (40 U.S.C. §§ 3141 et seq.). Grant Sub-Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Xxxxx- Xxxxx Act, including Department of Labor (DOL) wage determinations, is available from the following website: xxxxx://xxx.xxx.xxx/whd/govcontracts/dbra.htm In general, Sub-Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance.

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Construction of the Project Highway (i) The Contractor shall construct the Project Highway as specified in Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. The [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof. (ii) The Contractor shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero five percent) of the Contract Price for delay of each day reckoned from the date specified in Schedule –J and until such Project Milestone is achieved or the Project Highway is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-J has been amended as above; provided further that in the event the Project Highway is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.5 (ii). (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance with the provisions of this Clause 10.3. Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10% (ten percent) of the Contract Price, the Contractor shall be deemed to be in default of this agreement having no cure and the Authority shall be entitled to terminate this Agreement by issuing a Termination Notice in accordance with the provisions of Clause 23.1 (ii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of the Authority, both as the sole party or as one of the parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

  • 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 internal laws of the State of New York.

  • Construction and Maintenance There are on-going maintenance, renovation and construction projects taking place in and around the residences. The work typically takes place during regular business hours, but may begin earlier or extend into evenings or weekends. On-going construction or renovation projects will continue through midterm and final exam periods. The University will take measures to ensure that prudent construction practices are followed, but there may be noise, dust and temporary interruption of some services. Residents may be required to temporarily or permanently relocate to facilitate construction or renovation to their residence area. There will be no compensation or reduction to your residence fees due to disruption and/or relocation.

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Routine Maintenance, Construction, and Repair The NYISO or Connecting Transmission Owner may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. The NYISO or the Connecting Transmission Owner shall provide the Interconnection Customer with five Business Days notice prior to such interruption. The NYISO and Connecting Transmission Owner shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!