Failure to Construct Sample Clauses

Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above.

Failure to Construct. If Developer provides a Commencement Notice as required by Section 2.1 but does not timely complete construction of the Project as herein provided, then Developer shall pay to the City all sums incurred by the City with regard to the preparation and drafting of this Agreement and all other sums not recoverable from Tax Increments (as defined below). All repayments shall be completed within thirty (30) calendar days after Developer’s non- performance or Default under this Agreement.

Failure to Construct. Without limiting any other right or remedy ---------------------- of Landlord under the Lease, if for any reason or under any contingency any contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital Renovation Project, or fail to complete the Capital Renovation Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Landlord, Tenant shall assume all responsibility for and control over the construction, performance and completion of the Capital Renovation Project and shall cause the Capital Renovation Project to be fully completed in accordance with this Work Letter on or before the Outside Completion Date, other than Punch List Items. Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to complete the Capital Renovation Project in accordance with the Capital Renovation Plans prior to the Outside Completion Date other than the Punch List Items, Landlord, at Landlord's option, shall have the right to complete the Capital Renovation Project in accordance with the Capital Renovation Plans and expend such sums as Landlord reasonably deems proper in order so to complete the Capital Renovation Project. The amount of any and all expenditures made by Landlord pursuant to this clause (b) which, when combined with all Capital Renovation Project Costs previously funded by Landlord, are in excess of Landlord's Maximum Cost, shall be immediately due and payable by Tenant to Landlord as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant at the Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord of the obligation to complete the Capital Renovation Project as provided herein, Tenant shall forthwith surrender and deliver to Landlord, or Landlord's designee, any funds which have been received from Landlord but have not been disbursed by Xxxxxx, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant relating to the Capital Renovation Project.

Failure to Construct. Failure of Borrower to obtain permits, commence, and prosecute to completion, construction of the Development within the times set forth in the Schedule of Performance, subject to extensions for reasons of force majeure under Section 7.15.

Failure to Construct. If Xxxxxxxx fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above.

Failure to Construct. The failure of Licensee to commence construction and installation of a Service Area’s Improvements within 90 days after the applicable License’s Grant Date shall constitute a Default. In addition, Licensee’s failure to complete a Service Area’s Improvements within 120 days after the applicable Estimated Completion Date (or within six months after the License’s Grant Date if the Construction Memorandum fails to indicate an Estimated Completion Date) shall constitute a Default (it being understood that a Service Area’s Improvements shall be deemed “complete” when Licensee receives an Approval Notice, which shall not be unreasonably withheld or delayed, or fails to receive such a notice within five business days after receiving a Completion Notice and does not in the interim receive a Disapproval Notice, with respect to such Service Area). Default under this section 10.6 shall be deemed a non-curable Default for which Licensor shall have the right to terminate the License granted with respect to the applicable Facility immediately upon written notice of Default to Licensee.

Failure to Construct. In the event Redeveloper shall fail to implement or construct the Project pursuant to the Project Schedule, subject to the occurrence of an Event of Force Majeure and the provisions hereto, or shall abandon or substantially suspend construction of the Project for a continuous period in excess of one hundred twenty (120) days, unless such suspension arises out of an Event of Force Majeure, and any such Event of Default, violation, abandonment, or suspension shall not be cured within thirty (30) days after written demand by the Borough to do so, or such longer period if incapable of cure within such thirty (30) day period and Borough agrees to extend such time to cure, provided that Redeveloper has commenced and is diligently prosecuting such cure.

Failure to Construct. A. Failure of Company to commence construction of Company’s Improvements within fifteen (15) months of the Effective Date of this Agreement (or any extended date for the commencement of construction as agreed to in writing by the Parties) will constitute an event of default under the Default and Termination Article of this Agreement, allowing Authority to terminate this Agreement and have no further obligations hereunder. Prior to such termination, Authority will notify Company and its leasehold mortgagee(s) (if any) of its intent to terminate this Agreement, which notice will include a cure period as described in this Agreement.

Failure to Construct. Failure of Borrower to commence and complete construction of the Development within the times set forth in Article 3 above;

Failure to Construct. If Developer fails to obtain permits, or to commence and prosecute construction of the Improvements to completion, within the times set forth in Article 5 above.