Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion is achieved.
Continuity of Construction. Borrower shall prosecute with diligence and continuity the construction of the work and improvements and will not suspend or cease construction for a period longer than thirty (30) days. Borrower’s obligation under this provision shall be subject to exception due to events of Force Majeure Delay. "Force Majeure Delay" shall mean a delay in progress of construction due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, acts of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Borrower. Force Majeure Delay does not include the failure to order and obtain materials in a timely fashion for the continuous development of the Development and does not include financial difficulties of the Borrower.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion, as such term is defined in Section 2.10, is achieved, which shall not occur later than 18 months after the completion of the foundation for the Project. Any delay caused by acts of God, fire, accident, casualty, cessation of activity due to refusal to work by labor, or any other caused not attributable to the failure of Developer to use reasonable care and due diligence, however, shall be excused by Owner, provided that Developer shall use its best efforts to minimize any such delays and shall resume construction at the earliest possible time.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion (as such term is defined in Section 2.10) is achieved, which shall not occur later than sixteen (16) months after the date the Project Loan Documents are executed and delivered.
Continuity of Construction. (a) Works on the Allotment, once commenced, shall not be left incomplete or without substantial work being carried out for a period longer than one (1) month.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and expeditious manner until Physical Completion, as such term is defined in Section 2.9, is achieved. Physical Completion shall take place no later than fourteen (14) months from the Start Date (the "Completion Date"). Any delays caused by acts of God, fire, accident, casualty, labor strikes or job actions, or any other cause not attributable to the failure of the Contractor to use reasonable care and due diligence ("Force Majeure"), however, shall be excused by the Owner, provided that Contractor shall use its best efforts to minimize any such delays and shall resume construction at the earliest possible time. Notwithstanding the foregoing, in the event of any delay caused by a Force Majeure which extends the date of Physical Completion beyond the Completion Date, the Contractor shall be obligated to pay to the Lender any additional interest, attorneys, inspection and consulting fees and all other expenses under the Lender Loan payable as a direct and proximate result of any such delay (the "Lender Direct Costs") beyond the Completion Date which shall be the Owner's sole and exclusive remedy as a result of such delay. In the event that any delay as a result of a Force Majeure extends the date of Physical Completion beyond the Completion Date by a period of twelve (12 months or more, the Owner shall within three (3) days after receipt of notice from the Contractor, deliver to the Contractor a completed and signed application to transfer the ownership of the DON to the Contractor or its designee. In such event, the Owner agrees to use its reasonable best efforts to obtain DPH approval for such transfer which shall include, without limitation, timely and accurate responses to questions or requests for information from DPH whether such questions or requests shall be written or oral, the timely completion and submission of any applications requested by DPH and attendance at any hearings held by DPH at which the Owner's attendance is requested, mandated or otherwise necessary. Upon the approval by DPH of a transfer of the DON back to the Contractor or its designee, the Owner shall within thirty (30) days of the date of Owner's receipt of the Contractor's notice thereof, reconvey all right, title and interest in and to the Premises and the Facility and all rights related thereto and the Contractor shall assume all of the obligations of the Owner under the Lender Loan, subject to the consent of Lender,...
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion, as such term is defined in Section 2.9, is achieved, which shall not occur later that eighteen (18) months after the commencement of the construction for the Facility. For purposes hereof the phrase "Commencement of Construction" shall be defined as the later of the date of the issuance of a building permit for the Facility or the date of the purchase of the Premises by the Purchaser. To the extent that such date is beyond the time period required by the DON, the Purchaser shall use its reasonable best efforts to obtain an extension of same, and Seller shall assist it in such efforts. Any delays caused by acts of God, or fire, accident, casualty, cessation of activity due to refusal to work by labor, but only, in the case of the foregoing, if not principally attributable to the Seller's negligence or willful misconduct, or any other cause not attributable to the failure of the Seller to use reasonable care and due diligence, however, shall be excused by the Purchaser, provided that Seller shall use its reasonable best efforts to minimize any such delays and shall resume construction at the earliest possible time. In the event that the Seller does not Physically Complete the Facility within eighteen (18) months from the Commencement of Construction and such delay is not attributable to a force majeure as set forth above, the Seller shall pay to the Purchaser liquidated damages of $3200 per day for each day of such delay.
Continuity of Construction. All structures commenced in the Park shall be prosecuted diligently to completion and shall be completed within twelve (12) months of commencement unless exception is granted in writing by FIPCO.
Continuity of Construction. The construction of every dwelling on a Lot shall be completed within 12 months after the commencement of such construction. No improvement that has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such condition for more than three months from the time of such destruction or damage.
