Construction Delays. In the event of construction delays due to conditions beyond Seller’s control including but not limited to: work stoppage due to labor disputes, strikes, governmental agency delays, natural physical events, floods, wind damage, snow, earthquakes or acts of God, Seller, at its option, may extend the closing date as specified in the Purchase and Sale Agreement, by (30) days. Further, if construction is not completed by the adjusted closing date, Xxxxx’s sole option other than waiving timely performance and closing on completion is cancellation of the Purchase and Sale Agreement and return of xxxxxxx money deposit.
Construction Delays. If the Work has not been substantially completed by the Commencement Date set forth in the Lease Document due to casualty damage, acts of God, strikes, shortages of labor or materials, or any other reason (“Construction Delays”), then Landlord’s delivery of possession of the Premises (if applicable) shall be postponed as a result. In such case, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed as a result of one or more of the following events (collectively called “Tenant Construction Delays”): (i) Tenant’s delays in approving the Construction Drawings under Section III, (ii) Tenant’s requests for changes to the Work or Change Orders under Section V, or otherwise, (iii) Tenant’s failure to furnish an amount equal to Landlord’s reasonable estimate of Tenant’s Cost (if any) within the time required under Section VI (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s other remedies), (iv) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IV), or other delays not typically encountered in connection with Landlord’s standard office improvements, (v) the performance by Tenant or Tenant’s Contractors (as defined in Section VIII) of any work at or about the Premises or Property, (vi) any act or omission of Tenant or Tenant’s Contractors, any breach by the Tenant of any provisions contained in this Exhibit or in the Lease Document, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.
Construction Delays. It is anticipated that the Work will be installed on or before the Completion Date in Section 3.1. If the Artist notifies Texas Tech that the Work is ready for shipping and installation, and the subcontractor is delayed from installing the Work within the time specified in the schedule as a result of the construction of the underlying capital project rendering the Site not being sufficiently complete and/or accessible to reasonably permit installation of the Work, Texas Tech will provide storage facilities for the Work.
Construction Delays. If the progress of the Project falls materially behind the Contractor’s Construction Schedule, the Contractor shall immediately so advise the Province and shall in a timely manner advise the Province of its remedial plan for bringing the Project back on schedule. If the Contractor fails to achieve Traffic Availability by the Traffic Availability Target Date, the Contractor shall (subject to adjustment of the dates in clauses (a) and (b) below pursuant to Section 11.6 (Repair of Damage – Construction Period), Section 12.1(b) (Force Majeure During Construction Period) or Section 13.3(b) (Relief Event During Construction Period)) provide the Province with:
(a) by December 31, 2011, the Contractor’s plan for achieving Traffic Availability no later than October 30, 2012; and
(b) from and after May 30, 2012, weekly progress and activity reports, including a statement of the Contractor’s current expectation of when Traffic Availability will be achieved and all contingencies to which that expectation is subject.
Construction Delays. If the progress of the Project falls materially behind the Contractor’s Construction Schedule, the Contractor shall immediately so advise the Province and shall in a timely manner advise the Province of its remedial plan for bringing the Project back on schedule. If the Contractor fails to achieve Traffic Availability by the Traffic Availability Target Date, the Contractor shall (subject to adjustment of the dates in clauses (a) and (b) below pursuant to Section 11.7, Section 12.1(b) or Section 13.3(b)) provide the Province with:
(a) by December 31, 2009, the Contractor’s plan for achieving Traffic Availability no later than June 30, 2010; and
(b) from and after January 1, 2010, weekly progress and activity reports, including a statement of the Contractor’s current expectation of when Traffic Availability will be achieved and all contingencies to which that expectation is subject.
Construction Delays. The Parties acknowledge that Construction Delays have occurred under the Lease and Landlord’s obligations under the Lease have been extended for the amount of the Construction Delays.
Construction Delays. (i) In the event Owner has not submitted plans and specifications approved or otherwise completed the necessary steps ____________________ fully completed construction of the Building & Apprentices and the __________ and installation of all FF&E and Operating ________ by the dates stated therein being subject to a cumulative extension of not more than twelve (12) months for delays due to causes beyond the reasonable _____ by Owner provided that there shall be no such extension for any _____________ commenced more than fourteen (14) days before Operator is notified thereof ______). Operator may, at its sole option, on fifteen (15) days prior written notice to Owner, terminate this Contract and all of its obligations ____________ without any liability on the part of Operator.
(ii) Moreover, if
(a) Operator should at any time prior to the Estimated Partial Opening Date determine:
i. That the Building & Appurtenances will not be substantially completed by the Estimated Partial Opening Date, or
ii. that the construction of the Hotel materially varies from the Approved Final Plans, or
iii. that Owner's loans or other financing is installment to enable Owner to comply with its obligations under this Contract; and Owner shall not within thirty (30) days of being so advised by Operator in writing (within ninety (90) days in the case of (iii)) have arranged in a manner satisfactory to Operator to cure such default and have commenced and diligently proceeded with such cure, or
(b) Operator should at any time thereafter determine that Owner is not diligently proceeding with such cure; then Operator may, on fifteen (15) days' prior written notice to Owner, terminate this Contract and all of its obligations hereunder without any liability on the part of Operator.
Construction Delays. Permits are not ordered, and construction will not begin until all contingencies are removed in writing.
Construction Delays. As used in this Tenant Work Letter, “Construction Delay(s)” shall mean any actual delay in the performance or completion of all or any portion of the Tenant Improvements attributable to the following:
Construction Delays. Section 1.6 of the Agreement is hereby amended to read in its entirety as follows: “The Parties acknowledge and agree that it is HOFV’s intent to cause to be issued a certificate of substantial completion for the facilities listed on Exhibit D attached hereto by the last day of the quarter specified therein; provided, however, in the event that the exterior structure of the Center for Excellence shall not have been erected or permanent signage bearing a Co-Branded Center for Excellence Logo shall not have been installed and operational on the east and west sides of the Center for Excellence, in either case, to Constellation’s satisfactions on or before the date required pursuant to Exhibit H attached hereto, Constellation shall have as its sole remedy the right to reduce the Sponsorship Fees as set forth in Exhibit H. Any other construction delay shall not: (i) impact the obligations of Constellation hereunder or (ii) constitute an Event of Default by the HOF Entities hereunder. Any construction delay shall not impact HOFV’s contractual commitment or timelines as it relates to the obligations set forth in this Agreement related to EME financing. Any commodity supply agreements with HOFV related to the delayed facility shall be extended in term by the number of months of the certificate of substantial completion delay at then current market pricing, except to the extent that an existing agreement is in place with respect to such delayed facility or supply quantity purchased.”
