TIME OF COMMENCEMENT AND COMPLETION 2.1 The Contractor shall commence the Work upon the date established in the Notice to Proceed. 2.2 The Contractor shall achieve Final Completion, as defined in Section 105.01, Contract Time, Notice of Contract Execution and Notice to Proceed of the Loudoun County Revisions to the 0000 XXXX Xxxx & Bridge Specifications, Division I - General Provisions, within one hundred and eighty (180) calendar days from the date specified in the Notice to Proceed. This time period shall be designated the Contract Time. The Notice to proceed will be issued approximately than thirty (30) days after the execution of this agreement. The Contractor agrees that the time for completion of the Work as described in the Contract Documents shall govern unless specifically amended in writing by the County, and that no claims for early completion are allowed to be presented by the Contractor to the County. 2.3 The County specifies that time is of the essence under this Contract. Time being of the essence, it is essential to the County that Contract work will be completed within the Contract Time. The County and the Contractor agree that damages for failure to complete the work within the Contract Time are not susceptible to exact determination but that $600 per day is in proportion to the actual loss that the County would suffer from such delay. Therefore, the Contractor will pay the County on demand $600 per day for each and every day beyond the one hundred and eighty (180) calendar days, or modified date of completion, that the County determines that work is not complete, as damages caused by such delay and not as a penalty. The County shall be entitled to offset liquidated damages against any sum owed by the County to the Contractor under this Contract. 2.4 The amount of liquidated damages set forth in Articles 2.3 above shall be assessed cumulatively. This provision for liquidated damages does not bar County's right to enforce other rights and remedies against Contractor, which are otherwise legally enforceable, including but not limited to, specific performance or injunctive relief. 2.5 The Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.
Extension of time for completion (i) Without prejudice to any other provision of this Agreement for and in respect of extension of time, the Contractor shall be entitled to extension of time in the Project Completion Schedule (the “Time Extension”) to the extent that completion of any Project Milestone is or will be delayed by any of the following, namely: (a) delay in providing the Right of Way of Construction Zone, environmental clearances or approval of railway authorities, specified in Clause 3.1 (iv); (b) Change of Scope (unless an adjustment to the Scheduled Completion Date has been agreed under Article 13); (c) occurrence of a Force Majeure Event; (d) any delay, impediment or prevention caused by or attributable to the Authority, the Authority's personnel or the Authority's other contractors on the Site; and (e) any other cause or delay which entitles the Contractor to Time Extension in accordance with the provisions of this Agreement. (ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of an event or circumstance specified in Clause 10.5 (i), inform the Authority’s Engineer by notice in writing, with a copy to the Authority, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for Time Extension in accordance with the provisions of this Agreement. Provided that the period of 15 (fifteen) business days shall be calculated from the date on which the Contractor became aware, or should have become aware, of the occurrence of such an event or circumstance. Provided further that notwithstanding anything to the contrary contained in this Agreement, Time Extension shall be due and applicable only for the Works which are affected by the aforesaid events or circumstances and shall not in any manner affect the Project Completion Schedule for and in respect of the Works which are not affected hereunder. (iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in accordance with the provisions of Clause 10.5 (ii) within the time specified therein, the Contractor shall not be entitled to any Time Extension and shall forfeit its right for any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice as specified in this clause 10.5 (iii), the Authority shall be discharged from all liability in connection with the claim. (iv) The Authority’s Engineer shall, on receipt of the claim in accordance with the provisions of Clause 10.5 (ii), examine the claim expeditiously within the time frame specified herein. In the event the Authority’s Engineer requires any clarifications to examine the claim, the Authority’s Engineer shall seek the same within 15 (fifteen) days from the date of receiving the claim. The Contractor shall, on receipt of the communication of the Authority’s Engineer requesting for clarification, furnish the same to the Authority’s Engineer within 10 (ten) days thereof. The Authority’s Engineer shall, within a period of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor its determination of Time Extension. Provided that when determining each extension of time under this Clause 10.5, the Authority’s Engineer shall review previous determinations and may increase, but shall not decrease, the total Time Extension. (v) If the event or circumstance giving rise to the notice has a continuing effect: (a) a fully detailed claim shall be considered as interim; (b) the Contractor shall, no later than 10 (ten) days after the close of each month, send further interim claims specifying the accumulated delay, the extension of time claimed, and such further particulars as the Authority’s Engineer may reasonably require; and (c) the Contractor shall send a final claim within 30 (thirty) days after the effect of the event or the circumstance ceases. Upon receipt of the claim hereunder, the Authority’s Engineer shall examine the same in accordance with the provisions of Clause 10.5 (iv) within a period of 30 (thirty) days of the receipt thereof
Response Times Qubit bases its response times and the actions it takes to resolve problems on an assessment of the impact of the reported technical issue. The more serious the impact, the higher the assigned priority. For all support issues relating to Customer, Qubit will respond in accordance with Table 1: P1 1 hour 4 hours P2 1 hour 8 hours P3 4 hours 72 hours P4 1 business day Next or a later major release **The Priority Levels are defined in Section II(2) below.
Advertisement on Project Highway The Project Highway or any part thereof shall not be used in any manner to advertise any commercial product or services.
Name; Location of Chief Executive Office Except as disclosed in the Schedule, Borrower has not done business under any name other than that specified on the signature page hereof. The chief executive office of Borrower is located at the address indicated in Section 10 hereof.
IMPORTANT NOTICE 为了保护甲方的自身权益,银行特此向甲方作出如下提示和建议: In order to protect Party A’s rights and interests, the Bank kindly reminds that: (1) 甲方在购买任何产品(包括但不限于结构性存款产品)之前应当主动询问银行并务必仔细完整阅读相关产品销售文件,确保清楚全面地了解:(1)银行发行的产品清单,(2) 产品发行方,(3)产品特征,风险,期限等,以及(4)产品销售文件签约方等详情。 Prior to purchase of Product, Party A should initiatively inquire the Bank and read the Ancillary Documents of the relevant product in a complete and careful manner to ensure that it has clear and full knowledge of (i) Product’s features, (ii) terms and conditions of the Product, (iii) Product’s risk, and (iv) the Ancillary Documents (2) 甲方可以使用银行的官方网站产品信息查询平台了解银行发行的产品;未在该平台收录的任何产品均为非银行发行产品。非银行发行和授权产品可能存在违规运作、缺乏有效风险控制和管理,信息披露不充分、风险揭示不到位,虚假和误导宣传等诸多风险,可能导致本金收益无法兑付,甚至可能血本无归。甲方须清楚了解购买非银行发行和授权产品的风险和后果由甲方自行承担。 Party A may use the Product information inquiry platform on the Bank’s official website to check and learn about Products. Any products other than Product are not Products issued by the Bank. Products which was not issued by Bank may be exposed to various risks such as operation in violation of regulations, lack of effective risk control, insufficient information disclosure, insufficient risk disclosure and false and misleading promotion, which may result in failure to pay any principal or interests thereon, even the loss of principal. Party A had been fully aware that, if it purchase Product that are not issued by the Bank, the risks and consequences thereof should be borne by itself. (3) 银行发行的产品均通过正规渠道销售(银行柜台或邮件及其他银行公布的渠道),甲方不应要求或接受银行员工通过任何非正规渠道向甲方推介或销售产品。 Products issued by the Bank are sold through official channels (such as counters of the Bank’s branches, directly through relationship manager or through email and any other channels announced by the Bank). Party A should not request for or accept any Products promoted or sold by the Bank’s employees through any unofficial channels. (4) 银行发行的产品均由银行从甲方指定账户扣划相关投资资金后进行后续投资运作或清算,甲方无需也不应向任何第三方实体或个人划转任何投资款。 With respect to Products issued by the Bank, the subsequent investment operation or liquidation thereof will be made by way of the Bank deducting of relevant deposit amount from the designated account of Party A, and Party A need not, nor be required, to transfer any funds to any third-party entity or individual. (5) 甲方应妥善收存和保管所有产品购买文件和凭证,银行不为该文件和凭证的遗失承担任何责任。 Party A should duly keep and preserve all the Ancillary Documents and receipts of relevant Products. The Bank shall not be responsible and liable in relation to the loss of such documents. (6) 如发现银行任何员工以任何方式向甲方推介或销售非银行发行产品,或者通过任何非正规渠道向甲方进行任何产品销售,或者为甲方就任何产品购买而安排或建议任何对外转账,请立即拨打银行客服热线进行举报反映:【0755-88285839】 Party A shall immediately report to the Bank by calling the customer-service hotline at [0755-88285839] if it encountered that any of the Bank’s employees in any way of promotion or sale of any product that is not issued by the Bank, or sale of any Product through any unofficial channel, or arrangement for or recommendation of any transfer of funds to a third party in respect of the purchase of any Products.
CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.
Notice and Cooperation Each Party shall provide to the other Party prompt written notice of any actual or threatened infringement of the Product Trademarks in the Territory and of any actual or threatened claim that the use of the Product Trademarks in the Territory violates the rights of any Third Party. Each Party agrees to cooperate fully with the other Party with respect to any enforcement action or defense commenced pursuant to this Section 7.7.
Time Frames The discipline process shall be completed within six months from the date of the first notification, or within such other extended period of time as is provided for in this Agreement.
Schedule and Completion The Pre-commencement Phase Services to be performed under this Contract shall commence upon the Effective Date of the Contract and be completed within 60 days thereafter. Activities on the Site shall commence on the date specified in the Proceed Order and shall be materially complete in accordance with established Milestones, and not later than the Material Completion and Occupancy Date.