Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, but without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions. In the event Utility is unable to obtain sufficient materials to meet all construction requirements necessary to provide adequate service to all of its customers, it shall be entitled to allocate materials obtained by it to such construction projects as in its sole discretion it deems most important to the service needs of its customers, and any delay in the work upon the Total Service resulting from any such allocation of materials by Utility shall be deemed to be a cause beyond its control and it shall not be responsible for such delay.
Construction Delay. Buyer agrees to cause (a) Completion of Construction of one or more Buildings containing, in the aggregate, at least 270,000 Gross Square Feet (“Initial Required Square Footage”) to occur on or before the First Construction Completion Deadline, and (b) Completion of Construction of the Minimum Square Footage to occur on or before the Project Completion Deadline. The Construction Deadlines shall be extended for the period that Completion of Construction of the Project, or the applicable phase of the Project, are actually delayed by any Seller Infrastructure Delay or Unavoidable Delay, provided that (1) if Buyer fails to give notice to Seller of any such Seller Infrastructure Delay or Unavoidable Delay (and, in the case of an Unavoidable Delay, the cause or causes thereof, to the extent known), within thirty (30) days after obtaining knowledge of the beginning of the delay, the period of any Seller Infrastructure Delay or Unavoidable Delay, as the case may be, shall be reduced for the period of time prior to the delivery of such notice, (2) the period of any such Seller Infrastructure Delay or Unavoidable Delay shall also be reduced by any portion of such delay resulting from the failure of Buyer to act diligently and in good faith to avoid foreseeable delays in performance, and to remove the cause of the delay or to develop a reasonable alternative means of performance, in each case only to the extent possible or reasonably practical; and (3) in no event shall the Construction Deadlines be extended by an Unavoidable Delay for more than one hundred eighty (180) days (unless the Unavoidable Delay results from an earthquake, in which event the Construction Deadlines may be extended for up to one (1) year).
Construction Delay. No Delay shall result from contractor's delay or from acts beyond the reasonable control of Tenant. Tenant's changes in plans and specifications shall be deemed to cause a Delay only if Delay actually results. (See Lease, Section 3[a]).
Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions, or inability to obtain necessary permits, licenses, franchises or other governmental authorizations. In the event Utility is unable to obtain sufficient materials to meet all construction requirements necessary to provide adequate service to all its customers, it shall be entitled to allocate materials obtained by it to such construction projects as in its sole discretion it deems most important to service needs of its customers, and any delay in construction of the Facilities resulting from any such allocation of materials by Utility shall be deemed to be a cause beyond its control and it shall not be responsible for such delay.
Construction Delay. (a) If the Commencement Date does not occur within two hundred ten (210) Days after the Effective Date (“Project Deadline”), then Gatherer shall reimburse Shipper for Shipper’s out of pocket costs on a per Barrel basis minus $0.75 per Barrel to truck Shipper Crude Oil from the Dedicated Area to Gatherer’s Wink Terminal via the Gathering System (if available) or to one or more alternative markets, purchasers, pipelines, processor or transporters designated by Producer in close proximity thereto (if Gatherer’s Wink Terminal is not available) after the Project Deadline that if not for the delay in the Commencement Date such Shipper Crude Oil would have been gathered and transported on the Gathering System. Gatherer’s payment obligation under this Section 4.5 hereunder shall continue until the earlier of the Commencement Date or the termination of this Agreement. However, Gatherer shall have the right, but shall have no obligation, to (or cause its designee to) truck all or a portion of such Shipper Crude Oil as contemplated above and Shipper shall pay Gatherer Shipper’s Priority Rate with respect to such trucking services. In the event that Gatherer’s Wink Terminal is not complete during such period described above, Shipper Crude Oil may be trucked to an to one or more alternative markets, purchasers, pipelines, processor or transporters designated by Producer in close proximity thereto. Notwithstanding anything herein to the contrary, if the Project Deadline is delayed due to a properly noticed event of Force Majeure, then the Project Deadline shall be extended for each Day of any such delay.
(b) In addition to Gatherer’s obligations set forth in Section 4.5(a) above, if the Commencement Date does not occur by the Project Deadline, then upon the Commencement Date, Gatherer shall temporarily reduce Shipper’s Priority Rate to $0.375 per Barrel and Shipper’s Uncommitted Rate to $0.370 per Barrel for only a period of time equal to the amount of Days from the Project Deadline until the Commencement Date (“Delay Period”); provided, however, on the first Day after the expiration of the period of time after the Commencement Date equal to the Delay Period, Shipper’s Priority Rate and Shipper’s Uncommitted Rate will be increased to such rates, respectively, set out in Article VIII and Exhibit B. By way of example, if the Delay Period is equal to thirty (30) Days, then Shipper’s Priority Rate and Shipper’s Uncommitted Rate will be $0.375 per Barrel and $0.370 per Barre...
Construction Delay. (a) The Parties intend that SB Oils will have the Initial Plant operational by *. If Mechanical Completion of the Initial Plant has not been accomplished by * due to an act or omission of a member of the Bunge Group, then within forty-five (45) days of *, Solazyme, Inc. may send a notice (such notice or the notice contemplated by the next sentence being a “Section 8.3(a) Notice”) to BGI. If Mechanical Completion of the Initial Plant has not been accomplished by * other than due to an act or omission of a member of the Bunge Group, or if a force majeure event causes the construction of the Initial Plant to be substantially halted for at least *, then within forty-five (45) days after the triggering event (either *, or * of substantial halt to construction), (i) BGI may send a Section 8.3(a) Notice to Solazyme, Inc. and if BGI does not send a timely Section 8.3(a) Notice, (ii) Solazyme, Inc. may, within thirty (30) days of the end of such 45-day notice period, send to BGI a notice (a “Section 8.3(a)(ii) Notice”) that it elects to terminate this Agreement and the Company will be dissolved, subject to BGI’s rights under Section 8.3(d).
(b) Within forty-five (45) days after sending or receiving a Section 8.3(a) Notice, Solazyme, Inc. may send a notice (a “Section 8.3(b) Notice”) to BGI that states that Solazyme, Inc. (or another member of the Solazyme Group) intends to continue to build the Initial Plant on its own (or with Third Parties). If Solazyme fails to send a Section 8.3(b) Notice within such 45-day period, then Solazyme, Inc. will have no further rights pursuant to this Section 8.3 and the Company will be dissolved, subject to BGI’s rights under Section 8.3(d).
(c) If Solazyme, Inc. timely delivers a Section 8.3(b) Notice to BGI, then for thirty (30) days after delivery of the Section 8.3(b) Notice Solazyme, Inc. and BGI shall negotiate the terms of purchase by Solazyme, Inc. (or its designee), at fair market value, of Bunge Netherlands’ Percentage Interest in the Company. If the parties reach mutual agreement on such terms, Solazyme, Inc. (or its designee) shall purchase Bunge Netherland’s Percentage Interest in the Company as agreed. If the parties do not reach agreement by the end of the 30-day negotiation period, Solazyme, Inc. shall cause an appraisal of Xxxxx Netherlands’ Percentage Interest in the Company to be conducted to determine its fair market value in accordance with Section 9.2. Within ten (10) days after receipt of such appraisal, Solaz...
Construction Delay. ..........1.1 Construction Safety & Health Manual....
Construction Delay. 7.5.1 Delay in construction period due to the Employer's fault
Construction Delay. After the project land satisfies the Party B or Party B's Designated Party' construction conditions, Party B or Party B's Designated Party shall start construction on time on the date as stipulated in this Agreement. Party A has the right to terminate the agreement and take back the land use right free of charge and shall not return the payment paid by Party B and its Designated Party (including but not limited to project performance bond, land transfer price, etc.) that Party B and its Designated Party have paid, if Party B or its Designated Party is postponed to commence for more than 60 days.
Construction Delay. If, when the Artist completes fabrication of the Artwork and notifies the Society that the Artwork is ready for installation, the Artist is delayed from installing the Artwork by the Projected Completion Date or the Extended Installation Date as a result of the preparation of the construction site not being sufficiently completed, and if the Artist cannot reasonably extend storage and insurance, the City will reimburse the Artist for reasonable additional transportation, insurance, storage, or other related costs incurred for the period between the Project Completion Date, or Extended Installation Date and the date upon which the construction site is sufficiently complete to permit installation of the Artwork.
