DELAYED COMPLETION. 7.1 If completion does not take place on the Completion Date in accordance with this contract due to any reason except the Seller’s default, the Buyer shall pay to the Seller on actual completion the sum of £150.00 in respect of the reasonable costs of the Seller’s Conveyancer of preparing and serving any notice to complete lawfully served under Condition 6.8 together with any VAT properly chargeable on those costs
7.2 If completion does not take place on the Completion Date in accordance with this contract due to the default of the Seller, the Seller shall pay or allow to the Buyer on actual completion the sum of £150.00 in respect of the costs of the Buyer’s Conveyancer of preparing and serving any notice to complete lawfully served under Condition 6.8 together with any VAT properly chargeable on those costs.
7.3 The provisions of this clause 7 are without prejudice to any other rights of the parties in relation to any delay in completion.
DELAYED COMPLETION. If the Date of Substantial Completion is after the Target Occupancy Date (as may be extended as provided in Section 2.01(n)) then Tenant shall be entitled, as its sole and exclusive remedies (i) one
(1) additional day of free Rental from the Target Occupancy Date (as may be extended as provided in Section 2.01(n)) until the Possession Date, and (ii) if Substantial Completion has not occurred by one hundred twenty (120) days after Target Occupancy Date (as may be extended as provided in Section 2.01(n)) Tenant shall have the right to complete the Tenant Improvements on Landlord’s behalf and at Landlord’s cost, including an oversight fee equal to 15% of the cost incurred by Tenant in completing the Tenant Improvements.
DELAYED COMPLETION. 23.1. If, through no fault of Contractor, final completion of the Work is significantly delayed and if Project Manager so confirms, the City shall, upon receipt of Contractor's final Application for Payment and recommendation of Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required by the Contract Documents, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
DELAYED COMPLETION. (a) Landlord shall diligently attempt to cause Landlord’s Work to be Substantially Completed on or before the Target Completion Date. Notwithstanding anything to the contrary, if, but only to the extent that, any Tenant’s Delay causes a delay in the Landlord’s Work, then Target Completion Date and the Substantial Completion Date shall be deemed to be the dates when the Target Completion Dates and the Substantial Completion Dates, as the case may be, would have occurred but for such Tenant’s Delay. Any delay claimed by Landlord shall be substantiated in writing and accompanied by a statement as to the number of days of Tenant’s Delay, which notice of delay shall be delivered within five (5) Business Days after the extent of the Tenant’s Delay is reasonably ascertainable. If Landlord and Tenant dispute the existence of a Tenant’s Delay or the number of days resulting from a Tenant’s Delay, such dispute shall be resolved by the Arbitrator.
(i) If Substantial Completion shall not have occurred by the Target Completion Date, other than by reason of a Tenant Delay or Unavoidable Delay, then, in addition to all of Tenant’s other rights and remedies, the following shall apply (each day following the Target Completion Date until Substantial Completion shall occur is referred to herein as the “Delivery Delay Period”): (a) if the Delivery Delay Period shall consist of sixty (60) or fewer days, then Tenant shall be entitled to a Rent abatement equal to one (1) day for each day of the Delivery Delay Period; and (b) if the Delivery Delay Period shall consist of more than sixty (60) days, then (in addition to the abatement described in clause (a) of this Section for the initial sixty (60) day period) Tenant shall be entitled to a Rent abatement equal to two (2) days for each day of the Delivery Delay Period after the sixtieth (60th) day.
(ii) Regardless of whether or not Substantial Completion has occurred by the Target Completion Date and regardless of whether Tenant receives any Rent abatement under Sections 22.4(b)(i), in addition to all of Tenant’s other rights and remedies, if Tenant is prevented in any way from using or occupying the Premises (either to perform construction or for the conduct of its business) by reason of any cause within the control of Landlord, or resulting from any negligent or willful acts of Landlord or any Landlord Representative, the following shall apply (each day that Tenant is prevented from using or occupying the Premises due to the prov...
DELAYED COMPLETION. 11.1 The Parties acknowledge that not all of the Business Assets may be capable of being transferred to the JV Companies at Completion.
11.2 Provided the Conditions Precedent have been fulfilled and the Business Assets in the Significant Jurisdictions are capable of being transferred to the JV Companies then Completion may occur notwithstanding that the Business Assets in the remaining jurisdictions may not be transferred at Completion
11.3 The Parties shall use all reasonable endeavours to procure that any Business Assets not transferred at Completion are transferred to the relevant JV Company as soon as practicable following Completion and in any event prior to the NXP Longstop Date (“Delayed Completion”).
11.4 In respect of any Business Assets subject to Delayed Completion:
(A) Clauses 10.2(A)(i) or 10.2(B)(i) shall not apply at Completion but shall apply at Delayed Completion;
(B) Clause 6 shall continue to apply to the Business Assets pending Delayed Completion; and
(C) so far as lawful, the Business Assets shall be held on trust for the relevant JV Company.
DELAYED COMPLETION. 12.1 If completion does not take place on the Completion Date in accordance with this contract due to any reason except the Seller's default, the Buyer shall pay to the Seller on actual completion:
(a) the sum of £250 plus VAT in respect of the reasonable costs of the Seller's Conveyancer of preparing and serving any notice to complete lawfully served under Condition 6.8;
(b) any additional removal, storage and delivery costs reasonably incurred as a result of the delay;
(c) the reasonable costs of temporary accommodation for the Seller and his household
12.2 The provisions of this clause 12 are without prejudice to any other rights of the parties in relation to any delay in completion.
DELAYED COMPLETION. If the Additional Premises is not Substantially Completed on or before the Scheduled Additional Premises Commencement Date; then, except as otherwise provided in Section 6 of this Amendment with respect to delays in Substantial Completion of the Additional Premises caused by Tenant Delays, (a) as Tenant's sole and exclusive remedy, the obligation of Tenant to pay Rent shall not commence until the date the Additional Premises is Substantially Completed (or such earlier date as Tenant occupies the Additional Premises); and (b) Landlord shall not be liable to Tenant for any loss, cost or damage arising from such delay.
DELAYED COMPLETION. These provisions in the Development Agreement will mirror the D & B Contract and any liquidated damages payable to the Council and/or the Academy Company must be a genuine reflection of any losses likely to be incurred by them in the event of any delay in the completion of the building works and corresponding delay in the Academy Company being able to take up occupation of the new Academy building 3.7. Novation The D & B Contract will be novated to the Academy Company immediately following the expiry of the defects liability period under the Contract. Thereafter, the Academy Company will have a direct contractual relationship with the Building Contractor and the Council will have no further obligations in relation to the D & B Contract or the enforcement of any rights thereunder
DELAYED COMPLETION. Except as provided elsewhere in this Agreement, A-E’s compensation shall be paid at the time and in the amount noted, notwithstanding a delay in completion of the Project or the reduction in the final construction cost by reason of penalties, liquidated damages, or other amounts withheld from Contractor.
