Failure to Prosecute Work Sample Clauses

Failure to Prosecute Work. Design-Builder fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion or Final Completion within the Guaranteed Completion Date(s);
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Failure to Prosecute Work. 11.1. Time and quality of work shall be of the essence of this Contract. In case CONTRACTOR at any time shall fail in any way to prosecute the work herein provided for with reasonable diligence and in a good, workmanlike and safe mariner, COMPANY at its option upon three days written notice delivered to CONTRACTOR, or its representative, or deposited in a registered mail or courier service for which receipt is returned, terminate the work hereunder and thereafter proceed with action for damages, or in the alternative, by its own employees, or by separate independent contract, take control of this work for the purpose of completing the same, furnishing all additional; labor, materials and equipment required except for that equipment or materials which were previously furnished by or bought by COMPANY for CONTRACTOR'S performance of work and services hereunder. In the latter event, CONTRACTOR *CONFIDENTIAL TREATMENT REQUEST THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE COMMISSION. EXHIBIT 10.33 shall be entitled, upon completion of the work, to the difference between the Contract price and the reasonable cost and expense incurred by COMPANY in finishing said work. If such cost of completion should exceed the Contract price, CONTRACTOR agrees to pay the excess to COMPANY as liquidated damages agreed upon by the parties hereto in consideration of the difficulty of ascertaining the actual damages by other means. If Contractor contends that its performance is being delayed by COMPANY in any way, it shall notify COMPANY in writing immediately of the exact nature of such claim or be held to have waived same.
Sample 1
Failure to Prosecute Work. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or
Sample 1
Failure to Prosecute Work. At any time during prosecution of Work should Developer directly or indirectly through Contractors refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the Work so that there is Substantial Completion of the Work by expiration of the Agreement Time, then County may require Developer to accelerate the Work and/or furnish additional qualified workers or materials as County may consider necessary, at no cost to County, through issuance of a written notice.
Sample 1

Related to Failure to Prosecute Work

  • Development Diligence Novartis shall dedicate commercially reasonable efforts, during each [**] month period, necessary to continue the advancement of Licensed Compounds and Licensed Products with respect to at least one Profile towards the next clinical Development milestone or approval milestone, as described in Sections 7.4.2 or 7.4.3, respectively. If Novartis (itself or through its Affiliates or sublicensees) fails to dedicate commercially reasonable efforts, during any [**] month period, necessary to continue the advancement of Licensed Compounds and Licensed Products with respect to at least one Profile towards such next milestone, then any dispute regarding Novartis’ failure of development diligence with respect to such Profile shall be resolved in accordance with Article 13.

  • Development Work The Support Standards do not include development work either (i) on software not licensed from CentralSquare or (ii) development work for enhancements or features that are outside the documented functionality of the Solutions, except such work as may be specifically purchased and outlined in Exhibit 1. CentralSquare retains all Intellectual Property Rights in development work performed and Customer may request consulting and development work from CentralSquare as a separate billable service.

  • Joint Improvements Rights and title to the Technology, whether or not patentable, and any patent applications or patents based thereon, which directly relate to and are not severable from Licensor IP and which are improvements thereto by both LICENSOR AND LICENSEE shall be jointly owned intellectual property by LICENSOR AND LICENSEE.

  • Prosecution Hospital shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in Patent Rights. Company shall reimburse Hospital for Patent Costs incurred by Hospital relating thereto in accordance with Section 4.2.

  • Continuous Improvement 3.1 The Supplier shall adopt a policy of continuous improvement in relation to the Services pursuant to which it will regularly review with the Authority the Services and the manner in which it is providing the Services with a view to reducing the Authority's costs (including the Framework Prices), the costs of Contracting Bodies and/or improving the quality and efficiency of the Services. The Supplier and the Authority will provide to each other any information which may be relevant to assisting the objectives of continuous improvement and in particular reducing costs.

  • THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction.

  • Responsibility for Patent Rights (a) University has primary responsibility at the expense of Company for the preparation, filing, prosecution, and maintenance of all Patent Rights, using patent counsel reasonably acceptable to Company. University shall consult with Company as to the preparation, filing, prosecution, and maintenance of all Patent Rights reasonably prior to any deadline or action with the United States Patent & Trademark Office or any foreign patent office and shall furnish Company with copies of relevant documents reasonably in advance of consultation. University shall consider in good faith any comments of Company on any patent filings for the Patent Rights.

  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, Licensee agrees to take responsibility for, but to consult with, the PHS in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to PHS.

  • Patent Prosecution 7.1 UFRF shall diligently prosecute and maintain the Licensed Patents using counsel of its choice. UFRF shall provide Licensee with copies of all patent applications amendments, and other filings with the United States Patent and Trademark Office and foreign patent offices. UFRF will also provide Licensee with copies of office actions and other communications received by UFRF from the United States Patent and Trademark Office and foreign patent offices relating to Licensed Patents. Licensee agrees to keep such information confidential.

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