FAILURE TO COMPLETE CONSTRUCTION. Lessee shall fail for any reason, except Lessor's wrongful refusal to fund the Development Financing pursuant to the terms hereof, to substantially complete the construction of the Improvements by the Completion Date; or
FAILURE TO COMPLETE CONSTRUCTION. If the Extensions are not completed and accepted within five (5) years from the date this Agreement is executed by the City, Developer’s rights under this Agreement shall cease unless the City consents to the renewal of the Agreement or the City and Developer enter a new agreement. In either event, Developer may be required to pay additional administrative fees and additional legal, engineering, and inspection costs as determined by the City. In the event no new agreement or renewal of this Agreement is entered, the City, in its sole discretion, may proceed to require completion of construction under the provision of Developer’s Performance Bond or Construction Cash Deposit for any Extensions on Developer’s Property, existing rights-of-way and/or easements.
FAILURE TO COMPLETE CONSTRUCTION. Additional costs of construction may result from NAI’s failure to complete the Construction Project if a Termination of NAI’s Work occurs pursuant to subparagraphs 7(B) and 7(C). Nevertheless, it is understood that a failure of NAI to complete the Construction Project following any such Termination of NAI’s Work will not necessarily constitute a breach of this Agreement, and clause (2) of subparagraph 10(A) will not include any such additional costs of performing the Work or the cost to BNPPLC of completing the Construction Project after the Termination of NAI’s Work. (To the extent, however, that such costs qualify as 97-10/Project Costs, they may increase the 97-10/Maximum Permitted Prepayment.)
FAILURE TO COMPLETE CONSTRUCTION. Tenant’s only remedies for Landlord’s failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s Improvement Work and the Landlord’s Work (as each term is defined in the Work Letter, and collectively, the “Improvements”) to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter), as extended pursuant to the Work Letter, shall be as set forth in this Section 2.03. If Substantial Completion of the Improvements has not occurred on or before the date which is two (2) months following the Scheduled Improvement Completion Date, as hereinafter defined (the “Termination Option Date”), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Date, as extended pursuant to the Work Letter (the “Scheduled Improvement Completion Date”), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“Overtime Charges”) with Landlord’s Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s Improvement Work to meet the Scheduled Improvement Completion Date.
FAILURE TO COMPLETE CONSTRUCTION. Failure to complete work within the scope of this Agreement may affect the Calendar-Year Priority Status for the Fee Reimbursement hereunder, may result in termination of the Fee Reimbursements and termination of the right to apply any converted Fee Credits against the Infrastructure Fee Component of the Plan Area (in which case, absent the availability of any other Fee Credits, the full amount of the Infrastructure Fee Component of the Plan Area would be due as and when required by development of the Constructing Owner’s Property), and may require repayment of any Fee Reimbursements paid or applied as Fee Credits, as deemed appropriate by the Administrator. In connection therewith, the Administrator may determine that the Constructing Owner shall not be entitled to further Fee Reimbursement or Fee Credits until completion of the Facilities as determined by approval of a resolution of the City Council accepting the improvements and authorizing the City Clerk to file a Notice of Completion with the Placer County Recorder. A change in the Calendar-Year Priority for any Fee Reimbursements will be evaluated from the previously determined Calendar-Year Priority to the date of completion, which may affect priority for Fee Reimbursement and priority for conversion to Fee Credits. Any determination by the Administrator and City Engineer to invoke the provisions of this Section shall be subject to the appeal rights set forth in Section 32 of this Agreement.
FAILURE TO COMPLETE CONSTRUCTION. Failure to complete work within the scope of this Agreement may affect the Calendar-Year Priority Status for the reimbursement hereunder, may result in termination of the PFE Fee Credits and termination of the right to apply PFE Fee Credits, and may require repayment of any PFE Fee Credits applied, as deemed appropriate by the Administrator. In connection therewith, the Administrator may determine that the Constructing Owner shall not be entitled to further PFE Fee Credits until completion of the PFE Facilities as determined by the City Engineer. A change in the Calendar-Year Priority for any reimbursement will be evaluated from the previously determined Calendar-Year Priority to the date of completion, which may affect priority for the reimbursement. Any determination by the Administrator and City Engineer to invoke the provisions of this Section shall be subject to the appeal rights set forth in Section 30 of this Agreement.
FAILURE TO COMPLETE CONSTRUCTION. 14.5.1 In the event that the "DEVELOPER" fails to complete construction within the period specified in Chapter 10, the "DEVELOPER" shall pay to the "OWNERS" penalty as mentioned in Chapter 10 up to a maximum period of 12 months after the stipulated time and penalty, if so required, be realized by invoking the Bank Guarantee.
FAILURE TO COMPLETE CONSTRUCTION. If the Improvements are not completed in accordance with the Plans on or before the Completion Date (subject to punchlist items that do not prevent occupancy of the Premises), borrower shall notify the City as soon as possible of its request for a contract extension should it be known that Borrower will not meet the completion deadline. The Improvements shall be deemed to have been completed when all the conditions applicable to the final disbursement of Loan proceeds under Article IV shall have been satisfied.
FAILURE TO COMPLETE CONSTRUCTION. Additional costs of construction may result from LRC’s failure to complete the Construction Project if a Termination of LRC’s Work occurs pursuant to subparagraphs 7(B) and 7(C). Nevertheless, it is understood that a failure of LRC to complete the Construction Project following any such Termination of LRC’s Work will not necessarily constitute a breach of this Agreement, and clause (2) of subparagraph 9(A) will not include any such additional costs of performing the Work or the cost to BNPPLC of completing the Construction Project after the Termination of LRC’s Work.
FAILURE TO COMPLETE CONSTRUCTION. Borrower shall fail for any reason to complete the construction of the Improvements by the Completion Date, except that in the event of a Force Majeure, in which event the Completion Date shall be extended as is reasonably necessary; or
