Instruction to Accelerate Sample Clauses

Instruction to Accelerate. If the Contractor gives the Contract Administrator a written claim under clause 10.6, the Contract Administrator may: instruct the Contractor to accelerate the Contractor's Activities by taking those measures which are necessary to overcome or minimise the extent and effects of some or all of the delay including, if required, in order to achieve Completion of the Works or the Stage by the relevant Date for Completion; and give such an instruction whether or not the cause of delay for which the Contractor has given its written claim under clause 10.6 otherwise entitles the Contractor to an extension of time to any relevant Date for Completion. If the Contract Administrator gives the Contractor an instruction to accelerate under clause 10.12 requiring it to accelerate the Contractor's Activities and it only applies to part of the delay, the Contractor's entitlement to any extension of time which it otherwise would have had will only be reduced to the extent to which the instruction to accelerate requires the Contractor to accelerate to overcome the delay. If the Contract Administrator gives an instruction to the Contractor under clause 10.12: the Contractor must accelerate the Contractor's Activities to overcome or minimise the extent and effect of some or all of the delay as instructed, including, if required, in order to achieve Completion of the Works or the Stage by the relevant Date for Completion; and if the Contractor would, but for the instruction, have been entitled to an extension of time to the relevant Date for Completion for the cause of delay, the Contractor will be entitled to be paid: the extra costs reasonably incurred by the Contractor as a direct result of accelerating the Contractor's Activities; and that percentage of the amount under subparagraph (i) specified in the Contract Particulars; and subject to clause 10.13, to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the cause of the delay or the instruction under clause 10.12, other than under paragraph (b).
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Instruction to Accelerate. If the Contractor gives the Contract Administrator a written claim under clause 10.6, the Contract Administrator may: instruct the Contractor to accelerate the Contractor's Activities by taking those measures which are necessary to overcome or minimise the extent and effects of some or all of the delay including, if required, in order to achieve Remediation Completion of the Remediation Works or the Stage by the relevant Date for Remediation Completion; and give such an instruction whether or not the cause of delay for which the Contractor has given its written claim under clause 10.6 otherwise entitles the Contractor to an extension of time to any relevant Date for Remediation Completion.
Sample 1
Instruction to Accelerate. (a) Subject to paragraph (e), the Principal may give the Contractor a written notice: (i) stating that it is a notice under this clause 10.14; and (ii) instructing the Contractor to accelerate progress of the Contractor's Activities, including to overcome or minimise the extent and effects of any delay. (b) The Contractor must comply with any notice under paragraph (a) unless, before taking any steps to accelerate, it demonstrates to the satisfaction of the Principal that the acceleration instructed cannot reasonably be achieved. (c) If requested in writing by the Principal, the Contractor must, within the time specified in the request, advise the Principal of: (i) its price (excluding all costs of delay or disruption) for a proposed acceleration; and (ii) the effect of a proposed acceleration on any other matter specified by the Principal. (d) If the Contractor achieves the acceleration instructed, taking into account any relevant extension of time that has been given, the Contract Price will be adjusted in accordance with clause 11.3 for any unavoidable costs incurred by the Contractor additional to what it would have incurred if the Principal had not given the instruction to accelerate. (e) Subject to clause 10.15, the Contractor will not be entitled to make any Claim against the Principal, arising out of, or in any way in connection with, the cause of delay and the instruction to accelerate other than for the amount which is payable by the Principal under this clause 10.14.
Sample 1
Instruction to Accelerate. If the Contractor gives the Contract Administrator a written claim under clause 10.6, the Contract Administrator may: instruct the Contractor to accelerate the Contractor's Activities by taking those measures which are necessary to overcome or minimise the extent and effects of some or all of the delay including, if required, in order to achieve Completion of the Works or the Stage by the relevant Date for Completion; and give such an instruction whether or not the cause of delay for which the Contractor has given its written claim under clause 10.6 otherwise entitles the Contractor to an extension of time to any relevant Date for Completion.
Sample 1
Instruction to Accelerate. If the Client’s Representative (acting reasonably) considers that any actual or anticipated delay has or will arise in relation to: (a) achieving the Date for Practical Completion; (b) performance of any part of part of the Services described in the Project Schedule by the corresponding dates (if any) listed in the Project Schedule; (c) the performance of the Services generally, the Client’s Representative may: (d) instruct the Consultant to accelerate the performance of the Services or any part of the Services by taking those measures which are necessary to overcome or minimize the extent and effects of some or all of the delay; and (e) give such an instruction whether or not the cause of delay is due to any act or omission of the Consultant.
Sample 1

Related to Instruction to Accelerate

  • Discretionary Acceleration Notwithstanding any other provisions of this Agreement to the contrary, the Committee may, in its sole discretion, declare at any time that the Option shall be immediately exercisable.

  • Committee Discretion to Accelerate Vesting Notwithstanding the foregoing, the Committee may, in its sole discretion, provide for accelerated vesting of the RSUs at any time and for any reason.

  • Not To Prevent Events of Default or Limit Right To Accelerate The failure to make a payment pursuant to the Securities by reason of any provision in this Article 10 shall not be construed as preventing the occurrence of a Default. Nothing in this Article 10 shall have any effect on the right of the Securityholders or the Trustee to accelerate the maturity of the Securities.

  • Option Acceleration One hundred percent (100%) of the shares subject to all outstanding options granted to the Employee by the Company (the “Options”) prior to the date of such termination shall immediately become vested and exercisable in full upon such termination. Following such acceleration, the Options shall continue to be subject to the terms and conditions of the Company’s stock option plans and the applicable option agreements between the Employee and the Company.

  • Instruction; Etc The Underwriters, for and on behalf of each of the Investors, hereby irrevocably instruct the Escrow Agent, and the Escrow Agent agrees: (a) to enter into the Deposit Agreement, and, if applicable, in accordance with Section 5 of the Note Purchase Agreement, to enter into a Replacement Deposit Agreement with the Replacement Depositary; (b) to appoint the Paying Agent as provided in this Agreement; (c) upon receipt at any time and from time to time prior to the Termination Date (as defined below) of a certificate substantially in the form of Exhibit B hereto (a “Withdrawal Certificate”) executed by the Pass Through Trustee, together with an attached Notice of Purchase Withdrawal in substantially the form of Exhibit A to the Deposit Agreement duly completed by the Pass Through Trustee (the “Applicable Notice of Purchase Withdrawal” and the withdrawal to which it relates, a “Purchase Withdrawal”), immediately to execute the Applicable Notice of Purchase Withdrawal as Escrow Agent and transmit it to the Depositary by facsimile transmission in accordance with the Deposit Agreement; provided that, upon the request of the Pass Through Trustee after such transmission, the Escrow Agent shall cancel such Applicable Notice of Purchase Withdrawal; (d) upon receipt of a Withdrawal Certificate executed by the Pass Through Trustee, together with an attached Notice of Replacement Withdrawal (as such term is defined in the Deposit Agreement) in substantially the form of Exhibit C to the Deposit Agreement duly completed by the Pass Through Trustee, to:

  • Certification as to Authorized Persons The Secretary or Assistant Secretary of the Fund will at all times maintain on file with the Bank his or her certification to the Bank, in such form as may be acceptable to the Bank, of (i) the names and signatures of the Authorized Persons and (ii) the names of the members of the Board, it being understood that upon the occurrence of any change in the information set forth in the most recent certification on file (including without limitation any person named in the most recent certification who is no longer an Authorized Person as designated therein), the Secretary or Assistant Secretary of the Fund will sign a new or amended certification setting forth the change and the new, additional or omitted names or signatures. The Bank will be entitled to rely and act upon any Officers' Certificate given to it by the Fund which has been signed by Authorized Persons named in the most recent certification received by the Bank.

  • Redemption; Repayment; Acceleration In the event a Discount Note is redeemed, repaid or accelerated, the amount payable to the Holder of such Discount Note will be equal to the sum of: (A) the Issue Price (increased by any accruals of Discount); and (B) any unpaid interest accrued on such Discount Note to the Maturity Date (“Amortized Face Amount”). Unless otherwise specified on the face hereof, for purposes of determining the amount of Discount that has accrued as of any date on which a redemption, repayment or acceleration of maturity occurs for a Discount Note, a Discount will be accrued using a constant yield method. The constant yield will be calculated using a 30-day month, 360-day year convention, a compounding period that, except for the Initial Period (as defined below), corresponds to the shortest period between Interest Payment Dates for the applicable Discount Note (with ratable accruals within a compounding period), a coupon rate equal to the initial coupon rate applicable to the applicable Discount Note and an assumption that the maturity of such Discount Note will not be accelerated. If the period from the date of issue to the first Interest Payment Date for a Discount Note (the “Initial Period”) is shorter than the compounding period for such Discount Note, a proportionate amount of the yield for an entire compounding period will be accrued. If the Initial Period is longer than the compounding period, then the period will be divided into a regular compounding period and a short period with the short period being treated as provided above.

  • No Acceleration The timing of payments and benefits under the Agreement may not be accelerated to occur before the time specified for payment hereunder, except to the extent permitted under Treasury Regulation § 1.409A-3(j)(4) or as otherwise permitted under Code Section 409A without Employee incurring a tax penalty.

  • Instructions to the Trustee All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by or such other designees as the Grantor may designate by amendment to this agreement. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Agency to the Trustee shall be in writing, signed by the Agency’s Secretary or Executive Director, or designee, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Agency hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Agency, except as provided for herein.

  • Automatic Acceleration Upon the occurrence of an Event of Default described in Section 8.01(l) or Section 8.01(m) the Facility shall be automatically terminated and the Loans and all other Obligations shall be immediately due and payable upon the occurrence of such event, without demand or notice of any kind.

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