FAILURE TO COMPLETE WORK Sample Clauses

FAILURE TO COMPLETE WORK. If the Participant (including Participant’s contractor(s) and/or subcontractor(s)) fails to complete the Work in accordance with this Agreement, to include the approved plans, design drawings and specifications at Appendix 1, then upon written notice from the RDA to the Participant in the manner provided herein, this Agreement shall terminate and the financial obligation on the part of the RDA shall also terminate without any retroactive obligation on the part of the RDA to reimburse the Participant for any Work performed or money or labor expended. Any breach of this Agreement by the Participant shall automatically and immediately disqualify the Participant from any Grant funds, to include Grant funds for Work already performed or funds already expended.
Sample 1Sample 2
AutoNDA by SimpleDocs
FAILURE TO COMPLETE WORK. In the event the work described on EXHIBIT B has not been completed on or before the date specified in Section 2 hereof, Purchaser may give Lyric Holdings, Sellers and Escrow Agent written notice of such failure, and in the event such work is not completed within twenty (20) Business Days after such notice, Purchaser (a) shall have the right to cause its employees, agents and contractors to enter upon the Leased Property and complete such work at the expense of Lyric Holdings, and to demand and receive any funds then remaining in escrow to be applied towards reimbursement or payment for such expense, or (b) to declare such failure to be an Event of Default under the Master Lease, entitling Purchaser to the remedies provided in the Master Lease and by law, including, among such remedies, the right to demand and receive any then undisbursed funds in escrow.
Sample 1
FAILURE TO COMPLETE WORK. If Resident Curator does not achieve benchmarks in accordance with the Curator Schedules and Milestones and has not commenced the required Work-In-Progress within thirty (30) days’ notice of a failure to achieve a benchmark and/or does not diligently pursue such Work- In-Progress to completion.
Sample 1
FAILURE TO COMPLETE WORK. The Contractor must properly and diligently complete the work provided for in this Contract according to the terms set forth herein. Otherwise, the Owner may notify the Contractor in writing that he must begin work within three days or the Owner will complete the work by other means.
Sample 1
FAILURE TO COMPLETE WORK i. The Site Work shall be Substantially Complete on or before October 15, 2019, and the Taxi-Lane Work shall be Substantially Complete by the Taxi-Lane Delivery Dates (collectively, the “Initial Improvements Deadlines”). If the Initial Improvements are not Substantially Complete on or before the Initial Improvements Deadlines, or if the Fuel Tank Installation is not Substantially Complete on or before the Fuel Tank Deadline (which deadlines may be extended as a result of a Construction Force Majeure Event up to thirty (30) days and for Tenant Delay), Tenant, upon ten (10) days written notice to Landlord, may take over completion of the Initial Improvements or the Fuel Tank Installation and Landlord shall, within thirty days of demand from Tenant, reimburse Tenant for the actual cost incurred by Tenant for performing the Initial Improvements or Fuel Tank Installation (the “Landlord Work Reimbursement”). In the event Tenant takes over construction of the Initial Improvements or the Fuel Tank Installation, the Commencement Date for purposes of the Lease shall be the earlier of (i) issuance of a temporary certificate of occupancy for the Project, and (ii) the date which is 365 days after Tenant takes over construction of the Initial Improvements or Fuel Tank Installation. Notice required hereunder may be delivered via electronic mail only delivered to Landlord at: Xxxxxxx.XxXxxxxxxx@xxxxxxxxxxx.xxx; Xxxx.Xxxxxx@xxxxxxxxxxx.xxx and Xxxxxxx.Xxxxxxx@xxxxxxxxxxx.xxx. The remedy set forth herein for Landlord’s failure to Substantially Complete the Taxi Lane shall be in addition to the remedies set forth in Section 2.2(a) of the Lease. As used herein, the term Substantially Complete shall mean Tenant has inspected the improvements and determined, in Tenant’s reasonable discretion, that the improvements have been constructed or installed according to the requirements of this Work Letter and Legal Requirements, have passed any required governmental or third-party inspections and are available to Tenant to be used for their intended purpose.
Sample 1
FAILURE TO COMPLETE WORK. If the Participant (including Participant’s contractor(s) and/or subcontractor(s)) fails to complete the Work in accordance with this Agreement, to include the approved plans, design drawings and specifications at Appendix 1, or if the Participant fails to meet a deadline set forth in this Agreement, then upon written notice from the Agency to the Participant in the manner provided herein, this Agreement shall terminate and the financial obligation on the part of the Agency shall also terminate without any retroactive obligation on the part of the Agency to reimburse the Participant for any Work performed or money or labor expended. Any breach of this Agreement by the Participant shall automatically and immediately disqualify the Participant from any Grant funds, to include Grant funds for Work already performed or funds already expended; provided, if the Project is not funded because the Participation Agreements is terminated due to failure to meet Program deadlines, the Participant may -- one time only -- submit a new Application to the Agency for Participation in the Program within 90 days of the date of termination. In no event shall a Participant receive Grant funds from the Program if the Participant breaches a second Participation Agreement, to including failing to complete the Work by the deadline in the Participation Agreement.
Sample 1
FAILURE TO COMPLETE WORK. If the Participant (including Participant’s contractor(s) and/or subcontractor(s)) fails to complete the Work in accordance with this Agreement, to include the approved plans, design drawings and specifications at Appendix 1, then upon written notice from the RDA to the Participant in the manner provided herein, the Agency may, in its discretion, (1) if different than the Participant, hold the Property Owner responsible for Participant’s default, in which event the Property Owner shall be subject to this Agreement in the same manner as Participant and shall be responsible for satisfying Participant’s remaining obligations hereunder, to include any remaining maintenance obligations, (2) pursue any and all available legal and equitable remedies against the Participant based on Participant’s breach, and/or (3) terminate this Agreement. In the event of a default by Participant hereunder, the financial obligation on the part of the RDA shall terminate without any retroactive obligation on the part of the RDA to reimburse the Participant for any Work performed or money or labor expended. Any breach of this Agreement by the Participant shall automatically and immediately disqualify the Participant from any Grant funds, to include Grant funds for Work already performed or funds already expended.
Sample 1
AutoNDA by SimpleDocs

Related to FAILURE TO COMPLETE WORK

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • Effect of Failure to Comply Failure to comply with reporting requirements shall result in the withholding of funds, the return of improper payments or Unallowable Costs, will be considered a material breach of this Agreement and may be the basis to recover Grant Funds. Grantee's failure to comply with this ARTICLE XIII, ARTICLE XIV, or ARTICLE XV shall be considered prima facie evidence of a breach and may be admitted as such, without further proof, into evidence in an administrative proceeding before Grantor, or in any other legal proceeding. Grantee should refer to the State of Illinois Grantee Compliance Enforcement System for policy and consequences for failure to comply.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Non-Compliance Any Products or Services that are not in conformity with the requirements of an Order (“Non-Complying Products” and “Non-Complying Services”, respectively), may be returned at DXC’s option at Supplier’s risk and expense. DXC may procure similar Products or Services in substitution for the Non-Complying Products or Services, and Supplier shall refund the cost of the Non-Complying Products and Service and reimburse DXC upon demand for all additional costs incurred by DXC.

  • Failure to Elect; Events of Default If the Borrower fails to deliver a timely and complete Interest Election Request with respect to a Eurocurrency Borrowing prior to the end of the Interest Period therefor, then, unless such Borrowing is repaid as provided herein, (i) if such Borrowing is denominated in Dollars, at the end of such Interest Period such Borrowing shall be converted to a Syndicated Eurocurrency Borrowing of the same Class having an Interest Period of one month, and (ii) if such Borrowing is denominated in a Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, (i) any Eurocurrency Borrowing denominated in Dollars shall, at the end of the applicable Interest Period for such Eurocurrency Borrowing, be automatically converted to an ABR Borrowing and (ii) any Eurocurrency Borrowing denominated in a Foreign Currency shall not have an Interest Period of more than one month’s duration.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Waiver or Delay No failure to exercise or delay by a party in exercising any right, power, or remedy under this License Agreement operates as a waiver of such right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

  • Liability for Deficiency If any sale or other disposition of Collateral by Secured Party or any other action of Secured Party hereunder results in reduction of the Obligations, such action will not release Debtor from its liability to Secured Party for any unpaid Obligations, including costs, charges and expenses incurred in the liquidation of Collateral, together with interest thereon, and the same shall be immediately due and payable to Secured Party at Secured Party's address set forth in the opening paragraph hereof.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction.

Time is Money Join Law Insider Premium to draft better contracts faster.