Delays by Utility Owners Sample Clauses

Delays by Utility Owners. 6.8.5.1 DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
Sample 1Sample 2Sample 3See All (27)
AutoNDA by SimpleDocs
Delays by Utility Owners. 6.8.5.1 Developer shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by Developer and such Utility Owner.
Sample 1Sample 2Sample 3See All (20)
Delays by Utility Owners. 6.8.5.1 Design/Builder shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Project. Design/Builder shall notify the Alamo RMA immediately if (a) Design/Builder reasonably believes that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (b) Design/Builder becomes aware that a Utility Owner is not cooperating in a timely manner to provide the needed work or approvals, or (c) any other dispute arises between Design/Builder and any Utility Owner with respect to the Project, despite Design/Builder's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that the Alamo RMA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Design/Builder shall provide the Alamo RMA with such information regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule as is requested by the Alamo RMA. The Alamo RMA’s obligation to assist hereunder is subject to Design/Builder’s provision of evidence reasonably satisfactory to the Alamo RMA that the Adjustment is necessary, the time for completion of the Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such Development Work, and that Design/Builder has made best efforts to obtain the Utility Owner’s cooperation but has not been able to obtain such cooperation. Following the receipt of such evidence by the Alamo RMA, the Alamo RMA shall take reasonable steps to obtain the cooperation of the Utility Owner or resolve the dispute; however, the Alamo RMA shall have no obligation to prosecute eminent domain or other legal proceedings, unless the Alamo RMA elects to do so in its sole discretion. After delivery of any notice or request for assistance pursuant to this Section 6.8.5.1, Design/Builder shall continue to use best efforts to pursue the Utility Owner’s cooperation. Any assistance provided by the Alamo RMA shall not relieve Design/Builder of its sole and primary responsibility for the satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth in this Section 6.8.5.
Sample 1

Related to Delays by Utility Owners

  • Termination for Convenience by The District The District may terminate this Agreement for convenience, for any reason or no reason at all, on fourteen (14) days advance written notice to Contractor. This advance written notice shall be deemed to have been given on the date the notice is sent by the District to the address for written notices provided below by hand delivery, U.S. Mail, commercial delivery service, such as Fed Ex or UPS, or fax. If this Agreement is so terminated, then the District shall only pay Contractor for goods and/or services provided by Contractor and accepted by the District up to, through, and including the date of termination. Following the termination of this Agreement under this Section, the parties’ duties to one another shall cease except for those obligations that shall survive the termination of this Agreement, including, but not limited to, the District’s payment obligations for goods and/or services accepted by the District before the date of termination, and the Contractor’s duties to insure and/or indemnify the District and to cooperate with any audit. Termination of this Agreement pursuant to this Section shall not limit either of the parties’ remedies for any breach of this Agreement.

  • TERMINATION FOR CONVENIENCE BY CITY 4.04.1 The Director may terminate this Agreement at any time by giving 30 days’ written notice to Contractor, with a copy of the notice to the CPO. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future.

  • New utilities (i) The Contractor shall allow, subject to the permission from the Authority and such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electricity lines/ cables or other public utilities. Where such access or use causes any financial loss to the Contractor, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct and maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith at the cost of the Authority.

  • Use of Interconnection Facilities by Third Parties 6551 Error! Hyperlink reference not valid.9.9.1 Purpose of Interconnection Facilities. 6551

  • Uncontrollable Forces Tariff Provisions Section 14.1 of the CAISO Tariff shall be incorporated by reference into this Agreement except that all references in Section 14.1 of the CAISO Tariff to Market Participants shall be read as a reference to the Participating Generator and references to the CAISO Tariff shall be read as references to this Agreement.

  • COMMON UTILITIES Expenses for serving/supply of common facilities and utilities and all charges incidental thereto.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.