D elay Sample Clauses

D elay. After Owner Parties issue a Certificate of Substantial Completion for a Deliverable Portion of Work, if Final Completion of that Deliverable Portion of Work is subject to material Delay through no fault of Design-Builder or by the issuance of Change Orders affecting Final Completion of that Deliverable Portion of Work, Design-Builder shall be entitled to the balance due for that Deliverable Portion of Work fully completed, accepted, and certified as complete by Owner Parties. However, if the balance of the Contract Sum for Work not fully completed or corrected is less than the retainage then held by the Owner and bonds have been furnished for the Project, Design-Builder shall forward to Owner Parties the written consent of Design-Builder’s surety to the payment of the balance due for Work fully completed and accepted. Any such payment shall not constitute a waiver of Owner’s Claims.
Sample 1
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D elay. If either Governmental Lender or Funding Lender fails to perform or delays in performing the whole or any part of its obligations under the Borrower Loan Documents, then neither Governmental Lender nor Funding Lender shall be liable in any way for such failure. Governmental Lender and Funding Lender each may suspend or terminate all or any portion of such party's obligations under the Borrower Loan Documents if such delay or failure by such party results directly or indirectly from, or such suspension or termination by such party is based upon, the action or inaction, or purported action, of any governmental or local authority, or any war (whether declared or not), rebellion, insurrection, strike, lock-out, boycott or blockade (whether presently in effect, announced or in the sole judgment of such party deemed probable) or any act of God, or any other cause or event beyond the control of such party.
Sample 1

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The Subscriber covenants, represents and warrants to the Company that it satisfies one or more of the categories of “Accredited Investors”, as defined by Regulation D promulgated under the 1933 Act, as indicated below: ( Please initial in the space provided those categories, if any, of an “Accredited Investor” which the Subscriber satisfies.) _________ Category 1 An organization described in Section 501(c)(3) of the United States Internal Revenue Code, a corporation, a Massachusetts or similar business trust or partnership, not formed for the specific purpose of acquiring the Shares, with total assets in excess of US $5,000,000. _________ Category 2 a natural person whose individual net worth, or joint net worth with that person’s spouse, at the date of this Certification exceeds US $1,000,000, excluding the value of the primary residence of such person(s) and the related amount of indebtedness secured by the primary residence up to its fair market value. _________ Category 3 A natural person who had an individual income in excess of US $200,000 in each of the two most recent years or joint income with that person’s spouse in excess of US $300,000 in each of those years and has a reasonable expectation of reaching the same income level in the current year. _________ Category 4 A “bank” as defined under Section (3)(a)(2) of the 1933 Act or savings and loan association or other institution as defined in Section 3(a)(5)(A) of the 1933 Act acting in its individual or fiduciary capacity; a broker dealer registered pursuant to Section 15 of the Securities Exchange Act of 0000 (Xxxxxx Xxxxxx); an insurance company as defined in Section 2(13) of the 1933 Act; an investment company registered under the Investment Company Act of 1940 (United States) or a business development company as defined in Section 2(a)(48) of such Act; a Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 0000 (Xxxxxx Xxxxxx); a plan with total assets in excess of $5,000,000 established and maintained by a state, a political subdivision thereof, or an agency or instrumentality of a state or a political subdivision thereof, for the benefit of its employees; an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 (United States) whose investment decisions are made by a plan fiduciary, as defined in Section 3(21) of such Act, which is either a bank, savings and loan association, insurance company or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000, or, if a self-directed plan, whose investment decisions are made solely by persons that are accredited investors. _________ Category 5 A private business development company as defined in Section 202(a)(22) of the Investment Xxxxxxxx Xxx xx 0000 (Xxxxxx Xxxxxx). _________ Category 6 A director or executive officer of the Company. _________ Category 7 A trust with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the Shares, whose purchase is directed by a sophisticated person as described in Rule 506(b)(2)(ii) under the 1933 Act. _________ Category 8 An entity in which all of the equity owners satisfy the requirements of one or more of the foregoing categories. 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