Duty to Construct Sample Clauses

Duty to Construct. Notwithstanding any other provision to the ----------------- contrary contained in this Lease, if prior to substantial completion of Landlord's obligations under Article 4 any holder of a Mortgage enters and takes possession of the Property for the purpose of foreclosing such Mortgage, such holder may elect, by written notice given to Tenant and Landlord at any time within 90 days after such entry and taking possession, not to perform Landlord's obligations under Article 4, and in such event such holder and all persons claiming under it shall be relieved of all obligations to perform, and all liability for failure to perform said Landlord's obligations under Article 4 and Tenant may, without waiver of any rights which Tenant may have against Landlord, terminate this Lease and all its obligations hereunder by written notice to Landlord and such holder given within 30 days after the day on which such holder shall have given its notice as aforesaid.
Sample 1
AutoNDA by SimpleDocs
Duty to Construct. Lessee's obligation to lease the premises is contingent upon Lessor's construction and completion of the Building, parking lot and landscaping of the area contiguous to and surrounding the building and parking lot, which improvements shall collectively be known as Lessee's "Premises" and is more specifically described and delineated in the site plan attached hereto as Exhibit "A" and which Premises is to be used by Lessee for its offices, warehouse and laboratories. Lessor agrees to perform the construction in a good and workmanlike manner and in accordance with final plans and specifications prepared by a licensed, certified architect mutually approved by Lessor and Lessee. Lease Agreement 1 Initials_____________ MR ll/13/96 BE-355175-1
Sample 1
Duty to Construct. Notwithstanding any other provision to the contrary contained in this Lease, if prior to substantial completion of Landlord's work, pursuant to Article I hereof, any holder of a Mortgage enters and takes possession of Landlord's Property for the purpose of foreclosing such Mortgage, such holder may elect, by written notice given to Tenant and Landlord at any time within ninety (90) days after such entry and taking possession, not to perform Landlord's work hereunder, and, in such event, such holder and all persons claiming under it shall be relieved of all obligations to perform, and all liability for failure to perform, said Landlord's work and Tenant may, without waiver of any rights, which Tenant may have against Landlord, terminate this Lease, and all its obligations hereunder, by written notice to Landlord, and such holder given within thirty (30) days after the day on which such holder shall have given its notice of aforesaid. If Landlord has not delivered Premises sixty (60) days from Lease execution by both Parties then Tenant shall receive a rental abatement on a day to day basis for each day the delivery of the space is prolonged going forward from the occupancy date. If Landlord has not delivered the Premises after ninety (90) days from Lease execution, then Tenant has the option to terminate this Lease.
Sample 1
Duty to Construct. Tenant shall, at Tenant’s sole cost and expense, demolish any existing improvements located at the Premises (the “Existing Improvements”) and construct or cause the Project to be constructed on the Premises in accordance with the development approvals and entitlements issued to or obtained by Tenant from the City of Vancouver and other governmental agencies for the Project (the “Final Approvals”).
Sample 1
Duty to Construct. Tenant shall, at Tenant’s sole cost and expense, construct or cause the Project to be constructed on the Premises in general accordance with the construction approvals and entitlements issued to Tenant from all applicable governmental agencies for the development and construction of the Project (the “Final Approvals”). Any material deviation in design or construction of the Project from the Final Approvals, which shall include, without limitation, change orders in excess of $[***] and any increase in any budget line item in excess of [***] %, shall be subject to Landlord’s prior written approval. A description of the Final Approvals is attached hereto as Exhibit C. Such construction shall be performed in the manner and according to the terms and conditions specified in this Article 5.
Sample 1
Duty to Construct. This Acquisition Agreement does not create an independent obligation to construct any Facility or Component.
Sample 1
Duty to Construct. Tenant shall, at Tenant’s sole cost and expense, construct or cause to be constructed on the Premises, an antenna facility and power lines in the manner and according to the terms and conditions specified in this Article.
Sample 1
AutoNDA by SimpleDocs
Duty to Construct. Contractor shall cause the Project to be constructed and installed in accordance with this Agreement and all applicable laws, regulations, and permit requirements, including those of the County. If any portion of the underlying required documentation for the Project is non-compliant in any way, Contractor, at its sole expense, shall modify the Project plans and specifications until compliance is achieved. Department shall have the right to inspect the construction and installation of the Project for compliance with the approved Project plans and specifications and Contractor, at Contractor’s sole expense, shall modify any construction or installation found by County not to be in accordance with the approved Project plans and specifications. Any review or approval by the Director of Contractor’s plans and specifications and construction schedule, or any inspection by Department of the Project work or materials, shall not be deemed to constitute a waiver or release by County of any obligation or responsibility of Contractor under this Agreement, or assumption of any risk or liability by County with respect thereto, and Contractor shall make no claim against County on account of such review, approval, or inspection. County reviews, approvals and inspections shall not constitute assumption by County of any responsibility for the adequacy of the design or the construction. Such responsibility shall remain totally with Contractor and Contractor’s architects, engineers and contractors. County inspections conducted pursuant to this section will be conducted after giving Contractor notice no less than two (2) business before the scheduled date of the inspection, and such inspections shall not unreasonably interfere with the construction of the Project by Contractor or the use and occupancy of the Assigned Premises by Contractor and its subtenants. Contractor shall cause the Project and any other repair, alteration or improvement authorized herein to be constructed only by a contractor licensed for such work by the State of California. Contractor shall be solely responsible for payment to such contractor for all elements of such construction. Contractor shall be responsible for providing any necessary materials to connect with utilities at a location designated by Department. If Contractor determines high mast light poles are to be removed from the Assigned Premises, Contractor shall be responsible for such removal and relocation to an area designated on-Airport.
Sample 1
Duty to Construct. Tenant shall, at Tenant’s sole cost and expense, construct or cause the Project to be constructed on the Premises in general accordance with the development approvals and entitlements issued to Tenant from all applicable governmental agencies for the development and construction of the Project (the “Final Approvals”). Any material deviation in design or construction of the Project from the Final Approvals shall be subject to Landlord’s prior written approval. A description of the Final Approvals is attached hereto as Exhibit C. Such construction shall be performed in the manner and according to the terms and conditions specified in this Article 5.
Sample 1

Related to Duty to Construct

  • Laws Applicable to Construction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware as applied to contracts executed in and performed wholly within the State of Delaware, without reference to principles of conflict of laws.

  • Time to Consider Executive acknowledges that he has been advised that he has twenty-one (21) days from the date of receipt of this Release to consider all the provisions of this Release and he does hereby knowingly and voluntarily waive said given twenty-one (21) day period. EXECUTIVE FURTHER ACKNOWLEDGES THAT HE HAS READ THIS RELEASE CAREFULLY, HAS BEEN ADVISED BY THE COMPANY TO, AND HAS IN FACT, CONSULTED AN ATTORNEY, AND FULLY UNDERSTANDS THAT BY SIGNING BELOW HE IS GIVING UP CERTAIN RIGHTS WHICH HE MAY HAVE TO XXX OR ASSERT A CLAIM AGAINST ANY OF THE RELEASEES, AS DESCRIBED IN SECTION 1 OF THIS RELEASE AND THE OTHER PROVISIONS HEREOF. EXECUTIVE ACKNOWLEDGES THAT HE HAS NOT BEEN FORCED OR PRESSURED IN ANY MANNER WHATSOEVER TO SIGN THIS RELEASE, AND EXECUTIVE AGREES TO ALL OF ITS TERMS VOLUNTARILY.

  • No Duty to Confirm The Relevant Trustee shall have no duty or obligation to verify or confirm the accuracy of any of the information or numbers set forth in the Servicer’s Certificate delivered by the Servicer to the Relevant Trustee, and the Relevant Trustee shall be fully protected in relying upon such Servicer’s Certificate.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • Duty to Correct During the one year period of the warranty and guaranty, any defects of material or workmanship that become apparent shall be the responsibility of the Contractor until and unless the Contractor can show abuse or design defect. The Contractor shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.

  • No Construction Against Drafting Party The parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.

  • Duty to Cooperate If the Parties disagree on any aspect of the proposed Motion for Preliminary Approval and/or the supporting declarations and documents, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to resolve the disagreement. If the Court does not grant Preliminary Approval or conditions Preliminary Approval on any material change to this Agreement, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to modify the Agreement and otherwise satisfy the Court’s concerns.

  • 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.

  • Laws Applicable to Construction; Consent to Jurisdiction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware without reference to principles of conflict of laws, as applied to contracts executed in and performed wholly within the State of Delaware. In addition to the terms and conditions set forth in this Agreement, the Restricted Stock Units are subject to the terms and conditions of the Plan, which is hereby incorporated by reference.

  • 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.

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