Failure to Maintain Schedule Sample Clauses

Failure to Maintain Schedule. ‌ (a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:‌ (i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or (ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;‌ (iii) Contracting Authority is of the opinion that:‌ (A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule; (B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date; (C) Project Co will not achieve Substantial Completion by the Longstop Date; or‌ (D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required: (iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:‌ (A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that: (I) its title shall be “Recovery Works Schedule”, and (II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or (III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, ...
Sample 1Sample 2See All (22)
AutoNDA by SimpleDocs
Failure to Maintain Schedule. (a) Without limiting any other provision of this Project Agreement but subject to Article 30, if, at any time: (i) the actual progress of the Works has fallen significantly behind the Works Schedule; or (ii) the CTC is of the opinion that: (A) the actual progress of the Works has fallen significantly behind the Works Schedule; or (B) Project Co will not achieve Substantial Completion by the Longstop Date, Project Co shall: (iii) within 5 Business Days of receipt of notice from the CTC, produce and deliver to each of the CTC Representative and the Independent Certifier: (A) a report identifying the reasons for the delay; and (B) a plan showing the steps that are to be taken by Project Co to eliminate or reduce the delay to: (I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or (II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and (iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii) and approved by the CTC Representative. (b) Project Co shall notify the CTC Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
Sample 1Sample 2See All (15)
Failure to Maintain Schedule. (a) If Project Co is not meeting the deadlines set out in the Construction Schedule consistent with its obligations under this Project Agreement, then at the written request of Owner or the Consultant, Project Co, and the Project Co Parties as required, shall promptly increase efforts on the Project, including the addition of more personnel to the Project during regular times and during periods of time for which overtime may be required, and if the delay is for any reason other than as described in Sections 22.1(a) and 27.1(a), all expenses and costs incurred as a result shall be borne by Project Co. Any dispute between the parties as to whether Project Co is meeting the deadlines set out in the Construction Schedule shall be resolved in accordance with the provisions of Schedule 14- Dispute Resolution Procedure.
Sample 1Sample 2Sample 3See All (13)
Failure to Maintain Schedule. Without limiting any other provision of this Project Agreement but subject to Article 30, if, at any time:
Sample 1
Failure to Maintain Schedule. 6.5.1 If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to: 6.5.1.1 Increased manpower in such quantities and crafts as will substantially eliminate the backlog of Work. 6.5.1.2 Increase, when permitted, the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment or any combination of the foregoing, sufficient to eliminate the backlog of Work. 6.5.1.3 Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.
Sample 1
Failure to Maintain Schedule. In the event CONTRACTOR fails to maintain part of the progress schedule, CONTRACTOR shall, without additional compensation, accelerate the work as AGENCY may direct until CONTRACTOR's work is in accordance with such schedule.
Sample 1
Failure to Maintain Schedule. If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to:
Sample 1
AutoNDA by SimpleDocs
Failure to Maintain Schedule. 6.5.1 If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to: 6.5.1.1 Increased manpower in such quantities and crafts as will substantially eliminate the backlog of Work. 6.5.1.2 Increase, when permitted, the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment or any combination of the foregoing, sufficient to eliminate the backlog of Work. 6.5.1.3 Reschedule activities to achieve maximum practical concurrence of accomplishment of activities. 6.5.1.4 Expedite delivery of materials and equipment, such as use of airfreight. 6.5.2 If Metro directs Contractor to take measures described in this Section, or if Contractor takes such measures without direction from Metro, Contractor shall bear all costs of complying. Metro shall, however, reimburse Contractor for reasonable costs of complying if such directive to accelerate from Metro was issued to overcome delay caused by the acts or omissions of Metro or persons acting for Metro, provided Contractor has complied with all applicable provisions of Articles 3 and 8 of these General Conditions. 6.5.3 Failure to maintain the construction schedule or to take action to regain the schedule or to furnish a schedule as outlined in the Specifications may result in withholding all or part of the monthly progress payments.
Sample 1
Failure to Maintain Schedule. (a) Without limiting any other provision of this Agreement, if, at any time: (i) the actual progress of the D&C Work has, in MDOT’s good faith discretion, significantly fallen behind the Construction Schedule; or (A) key activities of the D&C Work have significantly fallen behind the Construction Schedule; or
Sample 1

Related to Failure to Maintain Schedule

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

  • Failure to Maintain Coverage Failure by the Contractor to maintain the required insurance, or to provide evidence of insurance coverage acceptable to the County, shall constitute a material breach of the Contract upon which the County may immediately terminate or suspend this Contract. The County, at its sole option, may obtain damages from the Contractor resulting from said breach. Alternatively, the County may purchase such required insurance coverage, and without further notice to the Contractor, the County may deduct from sums due to the Contractor any premium costs advanced by the County for such insurance.

  • Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement.

  • Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Maintenance of Tangible Net Worth The Borrower shall maintain during each Fiscal Quarter a Tangible Net Worth of not less than the Minimum Tangible Net Worth.

  • Duty to Maintain During the term of this Agreement, Consultant/Licensor shall use its best efforts to maintain in full force and effect U.S. federal registrations for the Consultant/Licensor Marks.

  • Failure to Make Payments When Due Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or

  • Failure to Make Payments If the Company fails to make any payment of interest on this Subordinated Note when such interest becomes due and payable and such default continues for a period of 30 days, or if the Company fails to make any payment of the principal of this Subordinated Note when such principal becomes due and payable, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holder, the whole amount then due and payable with respect to this Subordinated Note, with interest upon the overdue principal, any premium and, to the extent permitted by applicable law, upon any overdue installments of interest at the rate or respective rates, as the case may be, provided for or with respect to this Subordinated Note or, if no such rate or rates are so provided, at the rate or respective rates, as the case may be, of interest borne by this Subordinated Note. Upon an Event of Default, the Company may not declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Company’s capital stock, make any payment of principal or interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Company that rank equal with or junior to this Subordinated Note, or make any payments under any guarantee that ranks equal with or junior to this Subordinated Note, other than: (i) any dividends or distributions in shares of, or options, warrants or rights to subscribe for or purchase shares of, any class of Company’s common stock; (ii) any declaration of a dividend in connection with the implementation of a shareholders’ rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto; (iii) as a result of a reclassification of Company’s capital stock or the exchange or conversion of one class or series of Company’s capital stock for another class or series of Company’s capital stock; (iv) the purchase of fractional interests in shares of Company’s capital stock in accordance with the conversion or exchange provisions of such capital stock or the security being converted or exchanged; or (v) purchases of any class of Company’s common stock related to the issuance of common stock or rights under any benefit plans for Company’s directors, officers or employees or any of Company’s dividend reinvestment plans.

  • Disclosure to numbering service providers (a) Any Finance Party may disclose to any national or international numbering service provider appointed by that Finance Party to provide identification numbering services in respect of this Agreement, the Facility and/or one or more Obligors the following information: (i) names of Obligors; (ii) country of domicile of Obligors; (iii) place of incorporation of Obligors; (iv) date of this Agreement; (v) the names of the Agent and the Arranger; (vi) date of each amendment and restatement of this Agreement; (vii) amount of Total Commitments; (viii) currencies of the Facility; (ix) ranking of the Facility; (x) Termination Date for the Facility; (xi) changes to any of the information previously supplied pursuant to paragraphs (i) to (xi) above; and (xii) such other information agreed between such Finance Party and the Company, to enable such numbering service provider to provide its usual syndicated loan numbering identification services. (b) The Parties acknowledge and agree that each identification number assigned to this Agreement, the Facility and/or one or more Obligors by a numbering service provider and the information associated with each such number may be disclosed to users of its services in accordance with the standard terms and conditions of that numbering service provider. (c) Each Obligor represents that none of the information set out in paragraphs (i) to (xii) of paragraph (a) above is, nor will at any time be, unpublished price-sensitive information. (d) The Agent shall notify the Company and the other Finance Parties of: (i) the name of any numbering service provider appointed by the Agent in respect of this Agreement, the Facility and/or one or more Obligors; and (ii) the number or, as the case may be, numbers assigned to this Agreement, the Facility and/or one or more Obligors by such numbering service provider.

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