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DELAYS AND IMPACTS Sample Clauses

DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made.
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DELAYS AND IMPACTS. Should Subcontractor be delayed in the prosecution or completion of the Work by the act, neglect or default of the Owner, Contractor or other third party for whom they are legally responsible, or should Subcontractor be delayed waiting for materials or information required to be furnished by Owner or Contractor, or by damage caused by fire or other casualty for which the Subcontractor is in no way responsible, or by the combined action of the workforce, in no way caused by, or resulting from default or collusion on the part of the Subcontractor, then the time herein fixed for the completion of the Work shall be extended by the number of days that Subcontractor has been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to the Contractor within forty-eight (48) hours of the commencement of such delay, and in no circumstances shall the time of completion be extended to a date which will prevent the Contractor from completing the entire Project within the time that Owner allows Contractor for such completion.
Sample 1Sample 2Sample 3See All (6)
DELAYS AND IMPACTS. If Contractor is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by City in the bid documents or otherwise disclosed by City to Contractor prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by City to perform its obligations under this Attachment; or failure by City to cooperate with Contractor in the timely completion of the Work, Contractor shall provide written notice to City of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. If an adjustment to price and/or payment is required, the parties shall negotiate additional compensation as provided in Schedule S-4 and an amendment or change order to this Contract shall be mutually executed by the parties, as appropriate. Should Contractor encounter concealed or unknown conditions in an existing structure, Contractor shall immediately give notice to the Customer’s designated representative of such conditions before they are disturbed.
Sample 1
DELAYS AND IMPACTS. If BREP is delayed in the commencement, performance, or completion of the Work and/or Services by causes beyond its control and without its fault, including but not limited to inability to access property, Hazardous Materials or Environmental Conditions present at a Project Site, Concealed Conditions or unknown conditions encountered at a Project Site differing from the conditions represented by the State or otherwise disclosed by the State to BREP prior to the commencement of the Work, a Force Majeure condition pursuant to Section 11.5 of the CEA, failure by the State to perform its obligations under this Agreement, or failure by the State to cooperate with BREP in the timely completion of the Work, BREP shall provide written notice to the State of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms shall be made. If the Parties cannot reach agreement regarding an equitable adjustment under this Section 6, BREP will proceed with the Work and/or Services to the extent reasonably practicable, and the dispute shall be resolved by the Parties pursuant to ARTICLE 14 of the CEA.
Sample 1
DELAYS AND IMPACTS. If the TOTBIA &/or DERKZ are delayed in the commencement, performance, or completion of the beautification project by causes beyond their control and without the party’s fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project; failure by Property Owners, Xxxx & Xxxxxx Xxxxxx, to perform its obligations under this agreement; or failure by Property Owners, Xxxx & Xxxxxx Xxxxxx, to cooperate with the TOTBIA in the timely completion of the beautification project, the TOTBIA shall provide written notice to Property Owners, Xxxx & Xxxxxx Xxxxxx, of the existence, extent of, and reason for such delays and impacts.
Sample 1
DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including, but not limited to, inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work (unless JCI should have discovered those conditions through reasonable visual inspection of the property and/or facilities and/or through a reasonable review of specifications, drawings, and/or plans regarding the Project); a Force Majeure (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made, subject to the mutual written agreement of the parties.
Sample 1
DELAYS AND IMPACTS. A. Should Subcontractor be delayed in the prosecution or completion of the Work by the act, neglect or default of the Owner, Contractor or other third party for whom they are legally responsible, or should Subcontractor be delayed waiting for materials or information required to be furnished by Owner or Contractor, or by damage caused by fire or other casualty for which the Subcontractor is in no way responsible, or by the combined action of the workforce, in no way caused by, or resulting from default or collusion on the part of the Subcontractor, then the time herein fixed for the completion of the Work shall be extended by the number of days that Subcontractor has been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to the Contractor within forty-eight (48) hours of the commencement of such delay, and in no circumstances shall the time of completion be extended to a date which will prevent the Contractor from completing the entire Project within the time that Owner allows Contractor for such completion. B. It is understood and agreed by the Subcontractor that its obligation under this Agreement is and shall be to well and fully perform and complete the Work herein specified in compliance with all laws, ordinances and regulations of all governmental authorities in any manner relating to said Work, and that the Subcontract Price herein agreed to be paid by Contractor to Subcontractor shall be in compensation for the full performance and completion of the Work, and not as per diem compensation for the number of days which the Parties may estimate as necessary for the prosecution of the Work. It is further agreed that the time or times herein specified shall not be construed to limit or restrict the obligation of Subcontractor to such period, but it shall proceed with the Work during such times as shall be necessary to perform and complete the said Work, at no other and further expense to Contractor than the Subcontract Price as hereinabove stated. C. Subcontractor acknowledges that a certain amount of delay is inherent in every construction project. No claims for additional compensation or damages for delays, whether in the furnishing of material by Contractor, or delays by other subcontractors, Owner, or other third party for whom any of them are legally responsible, will be allowed by the Contractor, and said extension of time for the completion of its work shall be the sole remedy of Subcontractor. H...
Sample 1
DELAYS AND IMPACTS. If JCI is delayed or impacted in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work; a Force Majeure Event (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price, scope and payment terms, and the Assured Performance Guarantee shall be made, provided any adjustments to price and the Assured Performance Guarantee shall be consistent with applicable Laws. Any adjustment to the contract time for performance, price, scope and payment terms shall be submitted in accordance with the Change Order process set forth in paragraph 11 of this Agreement.
Sample 1

Related to DELAYS AND IMPACTS

  • ALTERATIONS AND IMPROVEMENTS Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

  • Materials and Improvements Title to materials, improvements, and other property required of PURCHASER by this contract shall vest in and become the property of STATE at the time such are furnished by PURCHASER and accepted by STATE. Only materials, improvements, and property free and clear of liens, claims, and encumbrances shall be furnished by PURCHASER. All existing improvements located on State land, and any improvements placed on State land by PURCHASER which become the property of STATE, shall be safeguarded by PURCHASER. If such improvements are injured, damaged, or removed from the areas of operations by PURCHASER or by contractors of PURCHASER, such improvements shall be repaired (or replaced, in the event of removal,) as soon as possible by PURCHASER, without cost to STATE.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • REPAIRS AND IMPROVEMENTS 14.1 Prior to registration of transfer, the Purchaser shall not be entitled to effect any alterations to the Property without the prior written consent of the Seller. 14.2 The Seller shall not be obliged to compensate the Purchaser for any authorised alteration effected in the event of the sale being cancelled. 14.3 The Purchaser shall be liable for any damages suffered by the Seller as a result of any alterations effected by the Purchaser, not authorised by the Seller.

  • Building and Improvements Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.

  • The Site The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in respect of which the Right of Way shall be provided by the Authority to the Contractor. The Authority shall be responsible for: (a) acquiring and providing Right of Way on the Site in accordance with the alignment finalised by the Authority, free from all encroachments and encumbrances, and free access thereto for the execution of this Agreement; and (b) obtaining licences and permits for environment clearance for the Project Highway.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

  • Alterations, Additions, and Improvements Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. Lessor's consent shall not be required for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, provided that such alterations do not affect any part of the Building other than the Premises, are not visible from outside the Building and do not adversely affect any service required to be furnished by Lessor to Lessee or to any other tenant or occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements, when made to the Premises by Lessee, shall be at Lessee's expense and shall at once become the property of Lessor and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to the movable fixtures, office equipment, and other personal property owned by Lessee. Tenant Initials ___________ Landlord Initials___________ 4Section 17. Legal Use and Violations of Insurance Coverage. ----------- ----------------------------------------------- Lessee covenants and agrees with Lessor not to occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, disreputable, or deemed to be extra-hazardous on account of fire, or permit anything to be done which would in any way increase the rate of fire, liability, or any other insurance coverage on the Building and/or its contents.

  • Environmental Impact Notwithstanding any other term, covenant or condition contained in this Lease, in the event that any Alteration has any adverse environmental impact on the Premises. Landlord may deny Tenant the right to proceed in Landlord’s sole and absolute discretion.

Most Referenced Clauses

Most Referenced Definitions