Failure to Meet Substantial Completion Date Sample Clauses

Failure to Meet Substantial Completion Date. The failure of the Contractor to meet the Substantial Completion date for any portion of the Work in accordance with the approved Work schedule under Article 9, Construction Schedules, Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions, Versions, 2.2, may result in the assessment of liquidated damages in the sum of $250.00 for each calendar day, or part of a day, after the Substantial Completion Date that the Work remains incomplete. This sum is not construed in any sense as a penalty.
Sample 1
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Failure to Meet Substantial Completion Date. If the DB Contractor fails to achieve the Substantial Completion Date, the DB Contractor agrees to pay the District Liquidated Damages in the following amount: $33,000 per Day or portion of a Day for the DB Contractor’s failure to achieve Substantial Completion Date if not the fault of the District, and the DB Contractor agrees and acknowledges that such amount is an accurate estimate of the actual damages the District would incur in the event of such a delay.
Sample 1
Failure to Meet Substantial Completion Date. City will be substantially damaged if XXXX fails to accomplish Substantial Completion of the Work by the Substantial Completion Date, and it will be extremely difficult and impractical to ascertain the actual damages resulting from such delay; therefore: (1) XXXX will pay City liquidated damages ("Liquidated Damages") in the event of a delay. (2) Accordingly, if XXXX fails to accomplish Substantial Completion by the Substantial Completion Date, as it is extended in a signed writing by both parties, in accordance with this Agreement, City may assess, and XXXX must pay to City as Liquidated Damages, $1420 for each day of delay until XXXX accomplishes Substantial Completion. (3) XXXX acknowledges that these sums: (a) Will be paid as Liquidated Damages and not as a penalty; (b) Are reasonable under the circumstances existing as of the Effective Date; and (c) Are based on the parties' best estimate of damages City would likely suffer in the event of a delay. (4) XXXX must pay City any Liquidated Damages within ten (10) days after demand, or City may deduct these sums from any monies due or that may become due to XXXX under this Agreement. (5) City’s collection of Liquidated Damages will not affect its rights to seek other remedies in law or at equity, including but not limited to exercising its rights under the Payment and Performance Bonds.
Sample 1
Failure to Meet Substantial Completion Date. If Substantially Completion is not achieved by November 1, 1998 as such date may be extended for force majeure and Tenant Delays (the "Substantial Completion Date") then the Tenant shall have the right to elect to exercise one of the following remedies by sending written notice to the Landlord and the Guarantors within fifteen (15) days of the Substantial Completion Date: (a) to have the Landlord continue to construct the Work, in which case the Landlord must give a credit to the Tenant towards the payment of Base Rent. Such credit shall be two days' worth of free Base Rent (at the rate of Base Rent set for the first Lease Year) for each day after the Substantial Completion Date that Substantial Completion was not achieved for a reason other than force majeure or Tenant Delay; or (b) Tenant shall have the right (but not the obligation) to exercise self- help to complete the Work and Tenant shall have the right to offset against the payment of Base Rent the reasonable out-of-pocket costs and expenses incurred by Tenant to third parties in connection with the Tenant taking over the Landlord's obligation to complete construction and installation of the Work and interest on funds advanced by Tenant to pay for such costs and expenses at the rate of nine percent (9%) per annum but excluding all amounts which Tenant was to pay if Landlord performed the Work (the "Off-Set Amount"). Notwithstanding the foregoing, Tenant agrees that Tenant's off-set right shall be limited so that in no event shall Tenant pay less Base Rent in any month than the lesser of the following: (a) the amount of Base Rent necessary to pay principal and interest payments to the holder of the first mortgage on the Leased Premises, if any, with a thirty (30) year amortization period at the interest rate being then charged by such holder pursuant to the loan documents executed in connection with such first mortgage; and (b) Base Rent which will fully repay Tenant for the Off-Set Amount by the scheduled expiration of the Original Lease Term. Prior to Tenant off setting any amount of Base Rent, Tenant shall provide Landlord with written notice of the Off-Set Amount together with reasonably detailed documentation supporting the calculation of the Off-Set Amount. In addition, Tenant shall promptly provide Landlord with such other information regarding the calculation of the Off-Set Amount as Landlord may reasonably request from time to time and Landlord or an independent, certified public accountant...
Sample 1

Related to Failure to Meet Substantial Completion Date

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

  • Completion Date The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time.

  • Certificate of Substantial Completion The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the City when construction is sufficiently complete, in accordance with the Contract Documents, so the City of Roanoke, Virginia (City or Owner) can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. ITB NO.: PROJECT: CONTRACTOR: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work or portion thereof designated above performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as . The City will assume possession thereof at a.m./p.m. on that date. A list of items ("punch list"), prepared by the A/E and/or Director, Department of Public Works, to be completed or corrected by the Contractor, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor will complete any portion of the Work that is not substantially complete and will complete or correct the work on the punch list in accordance with the Contract Documents. The establishment of a date of substantial completion and/or the acceptance of the Work or designated portion thereof does not relieve the Contractor of any responsibility for any faulty materials or workmanship or operate to relieve the Contractor or its Surety from any obligation under the Contract with the City or the Performance Bond or Labor and Material Payment Bond. This Certificate is subject to the terms and conditions of the Contract Documents, including but not limited to Section 20.8 of the General Conditions. Contractor By Date City of Roanoke, Virginia City By Date CITY OF ROANOKE, VIRGINIA AFFIDAVIT OF PAYMENT OF CLAIMS By: This day personally appeared before me, , and, being by me first duly sworn states that all subcontractors and suppliers of labor and materials have been paid all sums due them for work performed or materials furnished in the performance of the Contract between the City of Roanoke, Virginia, and ,Contractor, dated , 20 , for or arrangements have been made by the Contractor satisfactory to such subcontractors and suppliers with respect to the payment of such sums as may be due from the Contractor to the subcontractors and suppliers. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I, , a Notary Public in and for the Commonwealth of Virginia, do hereby certify that , whose name is signed to the foregoing, has subscribed, sworn to and acknowledged the same before me this day of , 20 . Seal: Notary Public Registration #: My Commission Expires:

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Project Completion Report At the completion of construction and once a Project is placed in service, the Subrecipient must submit a Project Completion Report that includes the total number of units built and leased, affordable units built and leased, DR-MHP units built and leased, an accomplishment narrative, and the tenants names, demographics and income for each DR-MHP unit.

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