Costs of Delay Sample Clauses

Costs of Delay. City and Subdivider acknowledge construction delays may increase the cost of Project. Unless Subdivider informs City pursuant to Sections 2.4 and 3.4 of cost increases due to delay and such cost increases are determined by City to be reasonable and are fully recovered through assessed fees in the Financing Plan, funding will be insufficient to cover the cost increase. Notwithstanding that pursuant to San Diego Municipal Code section 61.2200 et seq. City may periodically update the Financing Plan to reflect changes in Estimated Costs of Project (including potentially increasing Estimated Costs of Project based upon actual and reasonable costs as appropriate), Subdivider agrees to absorb any increase in Estimated Costs and/or Interest thereon not accounted for in the Financing Plan (or future updates of the Financing Plan) allowing City reasonable opportunity to assess and collect necessary FBAs because Subdivider failed to timely notify the City in writing as required under Sections 2.4 and 3.4.
Sample 1Sample 2
AutoNDA by SimpleDocs
Costs of Delay. City and Developer acknowledge construction delays may increase the cost of the Plaza Project. Unless Developer informs City pursuant to Sections 2.4 and 3.4 of cost increases due to delay and such cost increases are determined by City to be reasonable and are fully recovered through collected fees under the Financing Plan, funding will be insufficient to cover the cost increase. Therefore, Developer agrees to absorb any increase in Estimated Costs and/or interest thereon not accounted for in the Financing Plan (or future updates of the Financing Plan) because Developer failed to timely notify the City in writing as required under Sections 2.4 and 3.4.
Sample 1
Costs of Delay. The Licencee shall not be paid for costs incurred because of delays in performing the Work caused by Impossibility of Performance, but if Huu-ay-aht terminate this Agreement pursuant to Paragraph 14.02, the Huu-ay-aht shall pay to the Licencee a reasonable sum for Work carried out prior to such termination.
Sample 1
Costs of Delay. City and Developer acknowledge construction delays may increase the cost of the Project. Unless Developer informs City pursuant to Sections 2.4 and 3.4 of cost increases due to delay and such cost increases are determined by City to be reasonable and are fully recovered through collected fees under the Financing Plan, funding will be insufficient to cover the cost increase. Therefore, Developer agrees to absorb any increase in Estimated Costs and/or interest thereon not accounted for in the Financing Plan (or future updates of the Financing Plan) because Developer failed to timely notify the City in writing as required under Sections 2.4 and 3.4.
Sample 1
Costs of Delay. In the event that Customer fails to fulfill any of its responsibilities under this Agreement and the Schedules in a proper and timely manner and such failure causes a delay in the provision of the Equipment or other Services or results in additional costs to MCIS, MCIS shall take such action as it deems reasonably prudent and shall provide Customer with a written specification of such delay and the resultant costs. * .
Sample 1
Costs of Delay. If any of clauses 5.4 or 5.5 apply, Client will pay KMO for any additional costs incurred by KMO (including amounts charged by subcontractors and any internal costs) caused by the delay and any extension of time.
Sample 1
Costs of Delay. (a) If the Consultant fails to achieve Completion by the Completion Date or deliver to SHAMROCK CIVIL a Deliverable by the Key Deliverable Date, the Consultant will: (i) where the delay relates to achieving Completion, pay SHAMROCK CIVIL liquidated damages at the rate set out in Schedule 3 for each day after the Completion Date up to and including the earlier of the Date of Completion or the date that the Agreement is terminated under clause 32; or (ii) where the delay relates to the provision of Deliverables, pay SHAMROCK CIVIL liquidated damages at the rate set out in Schedule 3 for each day after the Key Deliverable Date for which the Consultant fails to provide to SHAMROCK CIVIL the Deliverable up to and including the date the Deliverable is provided to SHAMROCK CIVIL. (b) Any liquidated damages under clause 19.10(a) shall be a debt due and payable by the Consultant to SHAMROCK CIVIL. (c) If liquidated damages have been paid by the Consultant and the Completion Date or the Key Deliverable Date is subsequently extended so that the Consultant would not have incurred those liquidated damages if the same extension to the Completion Date or Key Deliverable Date had been granted earlier, then SHAMROCK CIVIL shall repay that much of those liquidated damages in respect of the period up to and including the new Completion Date or Key Deliverable Date. (d) SHAMROCK CIVIL and the Consultant acknowledge and agree that all sums payable by the Consultant to SHAMROCK CIVIL pursuant to this clause 19.10 are a genuine pre-estimate of the damages likely to be suffered by SHAMROCK CIVIL if the Consultant does not achieve Completion by the Completion Date or provide SHAMROCK CIVIL with the Deliverables by the Key Deliverable Dates.
Sample 1
AutoNDA by SimpleDocs
Costs of Delay. In the event that Customer fails to fulfill any of -------------- its responsibilities under this Agreement and the Schedules in a proper and timely manner and such failure causes a delay in the provision of the Equipment or other Services or results in additional costs to MCIS, MCIS shall take such action as it deems reasonably prudent and shall provide Customer with a written specification of such delay and the resultant costs. Customer shall pay these costs to MCIS at the then-current standard MCIS rates for the Equipment or Services involved. Customer shall pay such costs and the time limits for MCIS's performance, if any, shall be extended by a period of time at least equal to the duration of the Customer's delay. In the event MCIS is directly and solely responsible for failure to meet the deliverable timelines in this agreement MCIS shall be responsible for reasonable costs related to such delay.
Sample 1
Costs of Delay. City and Subdivider acknowledge delays may increase the cost of Project. Unless Subdivider informs City pursuant to Sections 8.4 and 11.4 of cost increases due to delay and such cost increases are determined by City to be reasonable and are fully recovered through collected fees in the DIF Fund or RTCIP Fund, funding will be insufficient to cover the cost increase. Notwithstanding that City may periodically update the Financing Plan to reflect changes in Estimated Costs of Projects (including potentially increasing Estimated Costs of Projects based upon actual and reasonable costs as appropriate), Subdivider agrees to absorb any increase in Estimated Costs and/or interest thereon not accounted for in the Financing Plan (or future updates of the Financing Plan).
Sample 1

Related to Costs of Delay

  • Costs and Expenses The Borrower shall pay (i) all reasonable out-of-pocket expenses incurred by the Administrative Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for the Administrative Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable out-of-pocket expenses incurred by the L/C Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all out-of-pocket expenses incurred by the Administrative Agent, any Lender or the L/C Issuer (including the fees, charges and disbursements of any counsel for the Administrative Agent, any Lender or the L/C Issuer), and shall pay all fees and time charges for attorneys who may be employees of the Administrative Agent, any Lender or the L/C Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the other Loan Documents, including its rights under this Section, or (B) in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit.

  • Other Costs and Expenses Seller shall reimburse Agent, each Purchaser Agent and each Conduit on demand for all costs and out-of-pocket expenses in connection with the preparation, negotiation, arrangement, execution, delivery, enforcement and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder, including without limitation, the cost of any Conduit’s auditors auditing the books, records and procedures of Seller, reasonable fees and out-of-pocket expenses of legal counsel for any Conduit, any Purchaser Agent and/or Agent (which such counsel may be employees of any Conduit, any Purchaser Agent or Agent) with respect thereto and with respect to advising any Conduit, any Purchaser Agent and/or Agent as to their respective rights and remedies under this Agreement. Seller shall reimburse Agent and each Purchaser Agent on demand for any and all costs and expenses of Agent, the Purchaser Agents and the Purchasers, if any, including reasonable counsel fees and expenses in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following an Amortization Event. Seller shall reimburse each Conduit on demand for all other costs and expenses incurred by such Conduit (“Other Costs”), including, without limitation, the cost of auditing such Conduit’s books by certified public accountants, the cost of rating the Commercial Paper of such Conduit by independent financial rating agencies, and the reasonable fees and out-of-pocket expenses of counsel for such Conduit or any counsel for any shareholder of such Conduit with respect to advising such Conduit or such shareholder as to matters relating to such Conduit’s operations.

  • Costs Whether or not this Agreement is terminated, the Mortgage Loan Seller will pay its pro rata share (the Mortgage Loan Seller’s pro rata portion to be determined according to the percentage that the aggregate Cut-off Date Balance of all the Mortgage Loans represents as to the aggregate Cut-off Date Balance of all the mortgage loans of the Trust Fund (the “Cut-off Date Pool Balance”)) of all costs and expenses of the Purchaser in connection with the transactions contemplated herein, including, but not limited to: (i) the costs and expenses of the Purchaser in connection with the purchase of the Mortgage Loans; (ii) the costs and expenses of reproducing and delivering the Pooling and Servicing Agreement and this Agreement and printing (or otherwise reproducing) and delivering the Certificates; (iii) the reasonable and documented set-up fees, costs and expenses of the Trustee, the Certificate Administrator and their respective counsel; (iv) the fees and disbursements of a firm of certified public accountants selected by the Purchaser and the Mortgage Loan Seller with respect to numerical information in respect of the Mortgage Loans and the Certificates included in the Preliminary Prospectus, the Preliminary Private Placement Memorandum, the Prospectus and the Private Placement Memorandum or any other marketing materials or structural and collateral term sheets (or any similar item), including the cost of obtaining any agreed-upon procedures letters with respect to such items; (v) the costs and expenses in connection with the qualification or exemption of the Certificates under state securities or blue sky laws, including filing fees and reasonable fees and disbursements of counsel in connection therewith; (vi) the costs and expenses in connection with any determination of the eligibility of the Certificates for investment by institutional investors in any jurisdiction and the preparation of any legal investment survey, including reasonable fees and disbursements of counsel in connection therewith; (vii) the costs and expenses in connection with printing (or otherwise reproducing) and delivering this Agreement and the furnishing to the Underwriters or the Initial Purchasers, as applicable, of such copies of the Preliminary Prospectus, the Preliminary Private Placement Memorandum, the Prospectus and the Private Placement Memorandum or any other marketing materials or structural and collateral term sheets (or any similar item) and this Agreement as the Underwriters and the Initial Purchasers may reasonably request; (viii) the fees of the rating agency or agencies engaged to consider rating the Certificates or hired and requested to rate the Certificates; (ix) all registration fees incurred by the Purchaser in connection with the filing of its Registration Statement allocable to the issuance of the Registered Certificates; (x) the upfront fee payable to the Asset Representations Reviewer on the Closing Date in the amount agreed by the parties hereto; and (xi) the reasonable fees and expenses of special counsel to the Purchaser.

  • Attorneys’ Fees, Costs and Expenses In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Sellers’ Costs and Expenses Except as may otherwise be provided in this Agreement, including Section 8.1, or in the Purchase Agreement, all expenses and costs incurred by the Sellers in connection with the performance of their obligations hereunder shall be the responsibility of, paid by and for the account of the Sellers.

  • Costs, Expenses Each party hereto shall bear its own costs in connection with the preparation, execution and delivery of this Agreement.

  • Costs, Fees and Expenses Except as otherwise specifically provided herein, each party hereto agrees to pay all costs, fees and expenses which it has incurred in connection with or incidental to the matters contained in this Agreement, including without limitation any fees and disbursements to its accountants and counsel; provided, that the Assuming Institution shall pay all fees, costs and expenses (other than attorneys' fees incurred by the Receiver) incurred in connection with the transfer to it of any Assets or Liabilities Assumed hereunder or in accordance herewith.

  • Costs, Expenses and Fees (a) Clause 11.11 (Transaction Costs) of the Amended Facility Agreement applies to this Agreement as if it were expressly incorporated in it with any necessary modifications. (b) The Borrower shall pay to the Agent (for the account of each Lender) such fees in the amount and at the times specified in the relevant November 2023 Fee Letters.

  • Direct Costs The Contractor shall separately identify each item of deleted and added work associated with the change or other condition giving rise to entitlement to an equitable adjustment, including increases or decreases to unchanged work impacted by the change. For each item of work so identified, the Contractor shall propose for itself and, if applicable, its first two tiers of subcontractors, the following direct costs: (1) Material cost broken down by trade, supplier, material description, quantity of material units, and unit cost (including all manufacturing burden associated with material fabrication and cost of delivery to site, unless separately itemized); (2) Labor cost broken down by trade, employer, occupation, quantity of labor hours, and burdened hourly labor rate, together with itemization of applied labor burdens (exclusive of employer’s overhead, profit, and any labor cost burdens carried in employer’s overhead rate); (3) Cost of equipment required to perform the work, identified with material to be placed or operation to be performed; (4) Cost of preparation and/or revision to shop drawings and other submittals with detail set forth in paragraphs (e)(1) and (e)(2) of this clause; (5) Delivery costs, if not included in material unit costs; (6) Time-related costs not separately identified as direct costs, and not included in the Contractor’s or subcontractors’ overhead rates, as specified in paragraph

  • Fees, Costs and Expenses All fees, costs and expenses (including attorneys’ fees and expenses) incurred by any party hereto in connection with the preparation, negotiation and execution of this Agreement and the exhibits and schedules hereto and the consummation of the transactions contemplated hereby and thereby shall be the sole and exclusive responsibility of such party. In addition, the Company will pay the costs associated with any filings with, or compliance with any of the requirements of any governmental authorities.

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