DELAYS IN CONSTRUCTION Sample Clauses

DELAYS IN CONSTRUCTION. Subject to outside date set forth in Article 4 of the Lease, the Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Work thereby 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 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"); (a) Tenant's requests for changes to the Work or Change Orders under Section V, or otherwise, (b) Tenant's failure to furnish an amount equal to Landlord's reasonable estimate of Tenant's Cost (if any) within 10 days, as described in Section X111 (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord), (c) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the some 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 (as described in Section IV), (d) the performance by Tenant or Tenant's contractors, agents or employees of any work at or about the Premises or Property, or (e) any act or omission of Tenant or Tenant's contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Agreement 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.
Sample 1See All (5)
AutoNDA by SimpleDocs
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”): (A) TENANT DELAYS IN PLANNING. Delays in Planning as described above (except for Landlord Delays);
Sample 1Sample 2Sample 3
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Tenant Improvement Work thereby 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 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”): (a) Tenant’s requests for changes to the Landlord’s Work or Change Orders under Section 7, or otherwise that result in an actual delay in the substantial completion of Landlord’s Work. (b) Tenant’s failure to furnish an amount equal to its proportionate share of the Tenant’s Share of the Cost of the Work (if any) with respect to any draw request as set forth in Section 3(a) above within five (5) business days after notice from Landlord of such amount, which may be given via e-mail to Tenant’s designated construction representative (which shall give Landlord the absolute right to postpone the Landlord’s Work until such amount is furnished to Landlord). (c) Any upgrades, special Landlord’s Work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, or other delays not typically encountered in connection with Landlord’s standard office improvements. (d) The performance by Tenant or Tenant’s contractors, agents or employees of any Tenant’s Work (hereinafter defined) at or about the Premises or Property and such work unreasonably interferes with or otherwise actually delays Landlord’s Work. (e) Any act or omission of Tenant or Tenant’s contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Work Letter or in the Lease that results in an actual delay in the substantial completion of Landlord’s Work.
Sample 1Sample 2
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.
Sample 1Sample 2
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”): (a) Subtenant’s requests for changes to the Work, (b) any upgrades, special work or other non-building standard items, or items not customarily provided by Sublandlord 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 Sublandlord’s standard office improvements, or
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. (b) Subject to Tenant Delays but regardless of Force Majeure, if Landlord has not delivered the Premises for Tenant construction of interior improvements by an outside date of July 1, 1999, Tenant shall have the right, as Tenant's sole and exclusive remedies with respect thereto, to either (i) receive an abatement of Base Rental for two (2) months following the Commencement Date, or (ii) to terminate this Lease. "Delivery" of such space as used in the previous sentence shall mean that such space is dried-in, exterior glass has been installed, and the space is lockable and is being supplied with conditioned air. Any such election by Tenant shall be made on or before delivery of such space for such purposes, and in no event later than July 15, 1999. In 152 the event Landlord has not delivered such space prior to July 15, 1999, and Tenant has not elected either of the options set forth in this paragraph, Tenant shall be deemed to have elected option (i) above. If Tenant elects option (i) above, Landlord shall continue to proceed with reasonable due diligence to deliver the Premises for Tenant's construction of interior improvements as soon as reasonably possible thereafter. If Landlord thereafter fails to so proceed with due diligence, Tenant shall be entitled to exercise any and all remedies at law or in equity Tenant may have for such subsequent failure by Landlord other than the termination of this Lease, which termination right Tenant hereby waives in its entirety with respect to any such breach (other than as provided in Section 8(c) of Exhibit...
Sample 1
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Work thereby 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 Landlord's reasonable control. The Work shall not be considered complete until Landlord shall have obtained a temporary or final certificate of occupancy.
Sample 1
AutoNDA by SimpleDocs
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Work thereby 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 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"): (a) Delays in Planning as described above (except for Landlord Delays), or (b) Tenant's requests for changes to the Work or Change Orders under Section Vll, or otherwise. (c) Tenant's failure to furnish an amount equal to Landlord's reasonable estimate of Tenant's Cost (if any) within 10 days, as described in Section IX (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord), (d) any upgrades, special work or other non-building standard items, 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 (as described in Section Vl), or other delays not typically encountered in connection with Landlord's standard office improvements, (e) the performance by Tenant or Tenant's contractors, agents or employees of any work at or about the Premises or Property, or (f) any act or omission of Tenant or Tenant's contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Agreement 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.
Sample 1

Related to DELAYS IN CONSTRUCTION

  • Certain Constructions (a) For purposes of this Agreement, references to the most or next most subordinate Class of Pooled Regular Certificates outstanding at any time shall mean the most or next most subordinate Class of Pooled Regular Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class X-A, Class X-B, Class X-D, Class X-F, Class X-G, Class X-H, Class A-S, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J-RR and Class K-RR Certificates; provided, however, that for purposes of determining the most subordinate Class of Pooled Regular Certificates, in the event that the Class A-1, Class A-2, Class A-3, Class A-4 and Class A-AB Certificates are the only Classes of Pooled Principal Balance Certificates outstanding, the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB and Class X-A Certificates together will be treated as the most subordinate Class of 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. (b) For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Agreement include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; (ii) references herein to “Articles”, “Sections”, “Subsections”, “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • ICIF Construction The ICIF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Parties agree on another mutually acceptable deadline, Interconnection Customer shall deliver to Transmission Provider and Transmission Owner “as-built” drawings, information and documents for the ICIF, such as: a one-line diagram, a site plan showing the Generating Facility and the ICIF, plan and elevation drawings showing the layout of the ICIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Interconnection Customer’s step-up transformers, the facilities connecting the Generating Facility to the step-up transformers and the ICIF, and the impedances (determined by factory tests) for the associated step-up transformers and the Generating Facility. Interconnection Customer shall provide Transmission Provider and Transmission Owner with Interconnection Customer’s specifications for the excitation system, automatic voltage regulator, Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • 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.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • 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 Within 60 days of the completion of construction of the Project, Project Owner shall deliver to DoD copies of the FAA form 7460-2 for each ASN, including the final coordinates for each turbine erected.

  • 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.

  • Liberal Construction The Covenants hereof shall be liberally construed to promote and accomplish the objectives set forth in the Recitals.

  • New Construction If this contract is for a Property that is newly constructed and the new construction option is selected, coverage begins on day one (1) of month thirteen

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!