Failure to Commence a. The COUNTY relied upon material representations made by the AGENCY that it would begin providing the Services within a reasonable time period after the Term State Date when entering into this Contract with the AGENCY. To that end, should the AGENCY fail to begin providing the Services within three (3) months of the Term Start Date without prior written approval from the CCC Division Manager or their designee, this Contract shall terminate.
b. The CCC Division Manager may, using their sole discretion, determine that granting an extension to the AGENCY of the above-stated three (3) month period would best serve the COUNTY’s funding objectives, in such a circumstance, the CCC Division Manager shall provide the AGENCY with a revised date by which Services must commence.
c. If certain Services in the Scope of Work attached as “Exhibit A” have a contemplated service commencement date that is later than three (3) months after the Term Start Date, for example, student-based summer programs, then this “Failure to Commence” provision does not apply for those specific Services.
Failure to Commence. If the Commencement Date is delayed in accordance with Article 3 for more than one hundred eighty (180) days, Landlord may declare this Lease terminated by notice to Tenant, and if the Commencement Date is so delayed for more than one (1) year, this Lease shall thereupon be deemed terminated without further action by either party.
Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County.
Failure to Commence a. The COUNTY relied upon material representations made by the AGENCY that it would begin providing the Services within a reasonable time period after the Term State Date when entering into this Contract with the AGENCY. To that end, should the AGENCY fail to begin providing the Services within three (3) months of the Term Start Date without prior written approval from the CCC Division Manager or their designee, this Contract shall terminate.
Failure to Commence. In the event APPLICANT fails to commence the Site Preparation Work or the construction of the LIFESTYLE COMPONENT within the time periods specified in the applicable provisions of Section 3 of this Agreement, the same shall not constitute an event of default under this Agreement; however, the COUNTY shall have the right, as its sole and exclusive remedy to terminate this Agreement by written notice thereof to APPLICANT, whereupon the obligations of both parties shall cease, and to recapture from APPLICANT any and all previously awarded grant payments pursuant to the provisions of Section 7 below.
Failure to Commence. Should Lessee fail to commence construction of the Leasehold Improvements as shown on the conceptual site plan attached hereto as Exhibit “B” and complete said improvements by March 1, 2021, the City shall have the right to terminate this Lease and the Leasehold Interest shall terminate. Upon such termination, Lessee shall surrender the Leased Property to the Lessor in good condition and repair normal wear and tear excepted. Upon such surrender, neither party shall have any further right or obligation under this Lease.
Failure to Commence. Failure to commence Commercial Operations within 90 days from the Scheduled Commercial Operation Date will constitute a default which on written notice from BEL under Article 22.1.2(b) shall constitute an Event of Default.
Failure to Commence. Subject to Unavoidable Delay and the terms of Section 17.5 below, should Lessee fail to commence construction of the Leasehold Improvements as provided in this Lease, this Lease and the Leasehold Interest shall terminate. Upon such termination, Xxxxxx shall surrender the Leased Property to the Lessor in good condition and repair normal wear and tear excepted. Upon such surrender, neither party shall have any further right or obligation under this Lease.
Failure to Commence. In the event that the Nonprofit; does not obtain from the City all the requisite approvals, including, but not limited to, site plans, and building permits; fails to provide satisfactory proof of adequate financing; and/or the Nonprofit is unable to commence this Project for unforeseen reasons by then this agreement shall be terminated within thirty (30) days of written notice.
Failure to Commence. If the Commencement Date is delayed beyond JANUARY 31, 2003, either Subtenant or Landlord may declare this Sublease terminated by notice to the other, unless mutually extended by Landlord and Subtenant in writing. Further, if this Sublease is terminated for any reason prior to the Commencement Date, any advance rental and other sums paid by Subtenant hereunder will be returned to Subtenant within twenty (20) days after termination hereof, and to the extent that liquidated damages have accrued pursuant to the terms of Section 2.B.3. of this Sublease, Landlord shall pay to Subtenant, within twenty (20) days after termination hereof, fifty percent (50%) of the amount of such liquidated damages accruing under this Sublease to the effective date of the termination hereof.
