CONSTRUCTION OF ROADWAY Sample Clauses

CONSTRUCTION OF ROADWAY. A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
CONSTRUCTION OF ROADWAY. Tenant shall undertake certain improvements to Olympia Drive (the “Roadway Improvements”), at its sole cost and expense, substantially in accordance with plans and specifications that have been prepared by Tenant and approved by Landlord, “Olympia Drive Plan,” prepared by Xxxxxx & Associates, Inc., dated July 20, 2012, included as Sheets C8 and C9 of the Approved Plans, a copy of which is on file with Landlord, Tenant, and the Amherst Town Clerk (the “Roadway Plans”). For a period of one year from the Commencement Date, Tenant agrees to reasonably cooperate with the Town, at the Town’s request and at the Town’s cost, in enforcing any warranties or pursuing other remedies against manufacturers or contractors to correct any defects in work or materials involved in the Roadway Improvements. Tenant shall install base coat and subgrade roadway within three (3) months from the Commencement Date, and final top coat after the construction on Parcel 1 has been completed.
Sample 1
CONSTRUCTION OF ROADWAY. Within seven (7) days following Seller's receipt of each of the items noted below, but not less than forty-five (45) days prior to the end of the Investigation Period, Seller shall deliver to Purchaser the following (the "Road Documentation): (a) information with respect to the location, width, curb cuts and associated easements for that portion of the City Street that is to be located on the Property (the "Road"), all of which shall be in accordance with applicable City ordinances and rules and shall reflect a location described in Paragraph 2E of this Second Addendum, and, (b) if Seller is to install the Road, (y) the identity and qualifications of the contractor Seller proposes to engage to perform the work of construction of the Road (the "Road Work"), and (z) a construction budget for the Road Work, prepared by Seller acting in good faith and based on a preliminary bid from such contractor (the "Road Work Budget"). In the event that Purchaser shall have any reasonable objection to any of the Road Documentation, it shall so notify Seller in writing within Thirty (30) days after its receipt of the Road Documentation (the "Objection Period"), specifying its objections and its suggested remedy. Purchaser shall be deemed to have waived any objection it may have unless a written notice thereof is given within the Objection Period. If such notice is received by Seller as set forth above, and if Seller and Purchaser have not agreed in writing to a settlement thereof on or before five (5) days prior to the end of the Investigation Period, this Agreement shall terminate on the last day of the Investigation Period, unless, prior to the end of the Investigation Period Seller receives notice from Purchaser waiving its objections. In the event this Agreement is terminated in accordance with the provisions of this paragraph, the Title Company shall return to Purchaser its Xxxxxxx Money Deposit and any interest accrued thereon, and this Agreement shall thereafter be null and void. Seller and Purchaser shall share, on an equal 50/50 basis, all reasonable and necessary costs (including both "hard" and "soft" costs paid to unrelated third parties) incurred by Seller in planning and constructing the Road (the "Road Costs"), provided, however, that the Road Costs shall be substantially in keeping with the Road Work Budget, and, provided further, that if the City shall perform any part of the Road Work as a consequence of an Improvements Agreement, the Seller shall be deem...
Sample 1

Related to CONSTRUCTION OF ROADWAY

  • 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.

  • CONSTRUCTION OF THE PROJECT/ APARTMENT The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the [Apartment/Plot] and accepted the floor plan, payment plan and the specifications, amenities and facilities [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the [Please insert the relevant State laws]and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.

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