Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound:
1. TrAILCo and NYSEG each have obligations under this Agreement with respect to System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2) and 2(b)(3) of Appendix A. The Scope of Work related to NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(4) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(3) of Appendix A.
2. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(3) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of the HC - FMR Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be thirty (30) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJM Interconnection, L.L.C. (“PJM”), National Grid, and/or the New York Independent System Operator, Inc. (“NYISO”), or an event beyond the reasonable control of TrAILCo (e.g., force majeure)....
Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications approved by Tenant in accordance with Section 6.1 hereof in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (l) year thereafter, Landlord will correct and/or repair, or cause to be corrected and/or repaired, any latent or non-obvious defect, malfunction or failure in or of construction, workmanship, material or operation of the Premises, provided any such defect, malfunction or failure is not the result of any work performed by Tenant or on Tenant's behalf, and is not caused by any act or negligence of Tenant, its employees or contractors. At the expiration of the one (l) year period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right, at its option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof, Tenant shall allow Landlord, its employees or contractors, to enter upon the Premises to perform any remedial work required to be performed, and will cooperate with Landlord, its employees or contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances, and with the least amount of interruption to the business of the Tenant. Occupancy of the Premises by Tenant for conducting its business shall constitute an acknowledgment by Tenant, and shall be presumptive evidence, that the Premises are in the condition called for by this Lease...
Construction Provisions. Attached. The attached Construction Provisions apply to the period of time during which the System is under construction, and shall not apply following the achievement of the Commercial Operation Date.*
Construction Provisions. Reconstruction shall substantially conform to the provisions of Exhibit C and shall cover Landlord's Work and Tenant's Work. Landlord shall reconstruct the Premises only to the extent of Landlord's Work; Tenant, at its sole cost and expense, shall reconstruct Tenant's Work and shall replace its merchandise, Improvements and Personal Property.
Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound:
Construction Provisions. A. The Operator shall not erect or authorize or permit others to erect any poles within the Right-of-Way for operation of its System without first obtaining approval of the City and Colorado Springs Utilities which may be granted or withheld in its sole and absolute discretion. All poles of the Operator shall be erected between the sidewalk and the property line unless otherwise designated by the proper City authorities, and each pole shall be set whenever practicable at an extension lot line. The City or Colorado Springs Utilities shall have the right to require the Operator to change location of any pole, conduit, structure or other facility within the Streets or Public Utility Easements when in the opinion of the City or Colorado Springs Utilities the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. This Agreement does not confer any rights to attach to poles or other facilities owned by Colorado Springs Utilities or any other utility. The right to make such attachment and the terms, conditions and fees for such attachments shall be governed by a separate agreement with Colorado Springs Utilities or such other utility and by the City Charter, City Code and all applicable City ordinances as amended. Nothing herein shall exempt the Operator from compliance with all Charter and ordinance provisions relating to such excavations or construction or from any provision requiring payment of permit or license fees pertaining thereto.
B. Upon its receipt of reasonable advance notice, not to be less than fifteen (15) days, except in the event of an emergency, the Operator shall, at its own expense, protect, support, temporarily disconnect, relocate in the Right-of-Way, or remove from the Right-of- Way, any property of the Operator when lawfully required by the City or Colorado Springs Utilities by reason of traffic conditions, public safety, street abandonment or vacation, street construction, change or establishment of street grade, installation of City or Colorado Springs Utilities owned and operated sewers, drains, gas or water pipes, or electric facilities or any other type of structures or improvements owned or operated by the City or Colorado Springs Utilities. In the event the City or Colorado Springs Utilities determines that an emergency exists, the City or Colorado Springs Utilities may require compliance by the Operator with the provisions of this subsection B without adv...
Construction Provisions. If any reconstruction of the Premises is required of Lessee pursuant to this article, Lessee shall, to the extent of available insurance proceeds, repair or rebuild the Improvements to substantially the same condition they were in immediately preceding the damage or destruction. Lessee shall, to the extent of available insurance proceeds, also repair or replace Lessee’s Personal Property situated upon the Premises which may have been damaged or destroyed by the cause as may in the opinion of County be necessary for the resumption by Lessee of Lessee’s business upon the Premises.
Construction Provisions. In the event of any Reconstruction of the Premises under this Article XVIII, said Reconstruction shall substantially conform to the provisions of Exhibit C and shall cover all of the work set forth therein under "Description of Landlord's Work" and "Description of Tenant's Work." Landlord shall reconstruct the Premises only to the extent of the work described as "Landlord's Work" in Exhibit C. Tenant, at it sole cost and expense, shall reconstruct all items described as "Tenant's Work" in Exhibit C and shall replace its merchandise and Personal Property. Tenant shall commence such reconstruction of Tenant's Work and replacement of Tenant's merchandise and Personal Property promptly upon delivery to it of possession of the Premises and shall diligently prosecute the same to completion.
Construction Provisions. RESPONSIBILITY, STANDARD TERMS AND CONDITIONS
1. SCOPE OF WORK: After the home has been delivered and placed, the seller, along with the seller’s contractors, technicians, and agents, will be responsible for the following: • Putting the home together at the marriage lines • Block setting and tying down the home • Hooking up water and sewer lines • Blocking and skirting the perimeter of the home • Joining exterior and interior siding and joints • Interior tape and texture where needed • Installation of factory loose flooring and carpet
2. TIME FOR SET-UP PERFORMANCE (Work): The estimated start date is within four weeks after arrival of the home, subject to limitations stated herein. The estimated completion date is within 12 weeks after the start of work date, subject to limitations stated herein. Seller will start the Work at such time as Seller deems appropriate given the nature of the Work to be performed. Seller is not required to start the Work if any of the Buyer’s contingencies, under this Contract, are not satisfied. Seller shall use reasonable efforts to complete the Work within the period indicated above. The dates for commencing and completing the Work shall be extended for the number of days that Seller is unable to work due to inclement weather, labor disputes, material shortages, civil unrest, acts of the Buyer or Buyer’s contractors, abnormal building conditions, acts of governmental bodies, failure of Buyer to timely or correctly complete any work that Buyer has agreed to do, failure of the Home’s manufacturer to complete its construction as anticipated, and other causes outside of the control of Seller. Completion of Work shall occur when Seller has performed all of the described work and, the appropriate government permit or approval (309 HUD Inspection) of Seller’s work has been issued.
Construction Provisions. The following additional requirement shall apply to any subrecipient under this Agreement to the extent that the Scope of Work involves construction:
a. National Environmental Policy Act (“NEPA”), 42 USC § 4332 et seq.: The Recipient shall comply with the requirements of NEPA and submit required documentation for certification.
b. The Build America, Buy America Act (the “BABAA”): The Recipient shall comply with the requirements of BABAA and require and ensure that all subcontractors and subrecipients comply with such provisions as well.
c. The Architectural Barriers Act (42 U.S.C. 4151 et seq.)
d. All other Applicable Laws applicable to construction projects funded with federal funds.
