DELAYS IN CONSTRUCTION Sample Clauses

DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails substantially to complete the Work as a result of strikes, acts of God, shortages of materials or labor, delays in obtaining governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord’s reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called “Tenant Delays”):
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DELAYS IN CONSTRUCTION. The discontinuance of the construction of the Improvements for a period of twenty (20) days without the written permission of the Bank, other than by reason of fire, wind, flood, storm, strike, unavailability of materials, Acts of God or other cause not within the control of the Borrower.
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DELAYS IN CONSTRUCTION. If Substantial Completion of the Work is delayed due to one or more of the following delays (collectively called "Tenant Delays"), the Commencement Date under the Lease shall be the earlier of the date of Substantial Completion or the date when Substantial Completion would have occurred had the applicable Tenant Delay(s) not occurred. . Tenant Delays in Planning. Delays in planning, including delays from failure by Tenant to approve the Plans and to cause their submittal for a building permit prior to the Planning Completion Date, in any delays resulting from differences in the Landlord Provided Improvements depicted in the Space Plan and those depicted in the Plans which require Landlord's approval, any delays by Tenant in submitting to Landlord revisions to the Plans to reduce Tenant's Cost pursuant to 6 and Tenant's revisions reasonably required by Landlord pursuant to 5; . Tenant Change Orders. All changes to the Work or Change Orders under 3 or otherwise; . Specialty Items. Any upgrades, special work, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays, or difficulties in obtaining building permits, requirements for any governmental approval, permit, or action beyond the issuance of normal building permits, or other delays not typically encountered in connection with Landlord's standard office improvements; . Tenant's Performance of Work. The performance by Tenant or Tenant's contractors, agents, or employees of any work at or about the Premises or Building; or . Tenant's Fault or Negligence. Any act or omission of Tenant or Tenant's contractors, agents, or employees, or any breach by the Tenant of any provisions contained in the Agreement, including without limitation, Tenant's obligation to timely pay Tenant's Costs as provided herein, or in the Lease, or any failure of Tenant to cooperate with Landlord or otherwise act in good faith in order to cause the Work to be designed and performed in a timely manner. . Landlord's Approval of Change Orders. Landlord shall not unreasonably withhold approval, if the Change Orders are consistent with a customary office layout, with finishes and materials generally conforming to materials currently being used by Landlord at the Building, are compatible with the Building's shell and core construction, and if no modifications will be required for the Building electrical, heating, airAconditioning (if any), ventilation, pl...
Sample 1
DELAYS IN CONSTRUCTION. The Commencement Date under the Sublease shall be postponed for each day that Sublandlord fails to substantially complete the Work as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Sublandlord’s reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called “Subtenant Delays”):
Sample 1
DELAYS IN CONSTRUCTION. (a) If for any reason other than Force Majeure or Tenant Delay, Landlord shall fail to commence construction of the Project (as evidenced by commencement of pouring the foundation footings) on or before July 5, 1998, Tenant shall have the right to terminate this Lease, by giving written notice thereof on or before July 20, 1998 (provided, that Landlord has not cured such default by commencing such construction prior to the giving of such notice by Tenant). If the Lease is terminated as described in the previous sentence, Tenant shall be entitled to receive, as Tenant's sole and exclusive remedy for such failure by Landlord, liquidated damages of $500,000.00 payable to Tenant within thirty (30) days of Landlord's receipt of such cancellation notice, the parties agreeing that Tenant's actual damages would be difficult or impossible to ascertain and that such liquidated damages are reasonable under the circumstances.
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Related to DELAYS IN CONSTRUCTION

  • Certain Constructions (a) For purposes of this Agreement, references to the most or next most subordinate Class of Non-Vertically Retained Pooled Regular Certificates outstanding at any time shall mean the most or next most subordinate Class of Non-Vertically Retained Pooled Regular Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-AB, Class X-A, Class X-B, Class X-D, Class A-S, Class B, Class C, Class D, Class E, Class F-RR, Class G-RR and Class J-RR Certificates; provided, however, that for purposes of determining the most subordinate Class of Non-Vertically Retained Pooled Regular Certificates, in the event that the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5 and Class A-AB Certificates are the only Classes of Non-Vertically Retained Pooled Principal Balance Certificates outstanding, the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-AB and Class X-A Certificates together will be treated as the most subordinate Class of Non-Vertically Retained Pooled Regular Certificates. For purposes of this Agreement, each Class of Certificates (other than the Class S and Class R Certificates) shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01 of this Agreement.

  • Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • Interpretation; Construction The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. This Agreement has been drafted by legal counsel representing Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Agreement and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Interpretation and Construction 2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements, addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law, rule, regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change, any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party's network may not be in compliance with the latest release of technical references, technical publications, or publications of Telecommunications industry administrative or technical standards.

  • Initial Construction Attached hereto are plans showing proposed modifications to Premises. Within 20 days of execution of the Lease, Landlord will prepare construction drawings and specifications for such modifications containing such details as dimensions, partition plans, dimensioned electrical and telephone outlet plans, modified reflected ceiling plans, room finish schedule, including wall, carpet, floor tile, and VCT colors, and other necessary construction details and specifications for the completion of such work, all in a manner reasonably acceptable to Tenant. Space planning, construction drawings, and specifications shall be provided by Landlord to Tenant a no cost to Tenant. All construction of modifications to Tenant's Premises will be accomplished by Tenant's contractor, which contractor shall furnish to Landlord evidence of insurance as follows: General Liability and Property Damage - $2,000,000 Aggregate, $2,000,000 per Occurrence; Workmens Compensation, and an Owners and Contractors Protective Liability Policy in the amount of $1,000,000 naming the owner and The Gutixxxxx Xxxpany as insureds. In addition, in Tenant's construction contract, Tenant shall insure that the contract holds Landlord and The Gutixxxxx Xxxpany harmless, and that Landlord and The Gutixxxxx Xxxpany are additional named insureds on all of Tenant's insurance policies. It shall be Tenant's contractor's responsibility to obtain the building permit for said modifications to Premises. It shall be Tenant's responsibility to insure that all Tenant's general contractors subcontractors and materialmen are paid in full, and if a lien is placed upon the Building by any such contractor, subcontractor, materialmen, or other, to promptly remove such lien or provide a bond reasonably satisfactory to Landlord and Landlord's mortgagee to insure that such lien will be paid in full while contesting such lien. Landlord shall permit Tenant and Tenant's contractor access for construction of modifications to Tenant's premises promptly after execution hereof. All changes and additions shall be part of the Building, except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election.

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