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 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) Supplier will complete all Work on or before the Completion Date unless either Ordering Company agrees to extend that Date or Supplier is entitled to an extension pursuant to this Agreement.
(b) Ordering Company will perform all of its obligations, including provision of labor and materials to be furnished by it in such a manner so as not to delay the progress of the Work (such being a "Construction Delay"), and in event of its failure to do so, thereby causing loss to Supplier or as a result of one or more of the circumstances set forth in paragraph (c) immediately below, Ordering Company agrees that it will compensate Supplier for such loss and, if necessary, reschedule the Completion Date to a mutually agreed upon date. Supplier agrees that if Supplier shall delay the progress of the Work in breach of its obligations hereunder and such delay causes Ordering Company to sustain a loss, then Supplier will reimburse Ordering Company for such loss, subject to the limitation of Supplier's liability set forth in Article 5 of this Agreement.
(c) Notwithstanding anything to the contrary in this Agreement, among the causes of "Construction Delay" for which Supplier shall be compensated and the Completion Date shall be rescheduled pursuant to paragraph (b) immediately above, are the following:
(i) Lack of Ordering Company Permits;
(ii) Lack of Ordering Company furnished material;
(iii) Work stoppage by landowner;
(iv) Work stoppage by permitting agency even though Supplier has met the requirements of the relevant permits;
(v) Railroad company denying access to the right-of-way or rail due to railroad's operations which regulate the Work conditions;
(vi) Work stoppage by Ordering Company to implement new requirements, including changes to the Completion Date or Completion Schedule;
(vii) Waiting for the presence of the Ordering Company Representative;
(viii) Defective or damaged Ordering Company furnished material;
(ix) Special Service Precautions per the Specifications; and
(x) Waiting for Engineer's written approval to proceed due to the interference of other contractors.
(d) Delay time is payable by Ordering Company for Construction Delay for the reasons set forth above, when Supplier is prevented from or delayed in working on any contracted item that is available to Supplier. Construction Delay time will begin after Supplier has been denied access to the Work or Ordering Company has delayed the Work for an accumulated time in excess of one (1) hour during a...
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. 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.
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. (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......................... 5.4 Consultant.................................................. 1.1
Construction Delay. 7.5.1 Delay in construction period due to the contractor's fault
