OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH Sample Clauses

OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. 5.1.1 Concessionaire takes the Facilities set forth in Exhibits "A" and “B” in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, it shall demolish, design, and build out the Facilities set forth in Exhibit “A” (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases in accordance with demolition and build out schedules which have been approved in writing and in advance by the Director but which do not exceed the deadlines set forth below. **[Any special conditions/circumstances relating to design/construction to be set forth here]** Concessionaire shall demolish, design and build out so that each Facility is fully operational by the following dates: Identity of Facilities and deadlines placed here
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. Concessionaire acknowledges that the Facilities set forth in Exhibit A and Exhibit B are part of the City's International Terminal Redevelopment Project ("ITRP") and will be made available for development by Concessionaire upon substantial completion of the construction elements of ITRP allowing for access to the area, planned between 2023 and 2026. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or construction. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
Sample 1Sample 2See All (4)
OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. 4.1.1. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, if Concessionaire decides to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve AS NEEDED refurbishments and or construction.. 4.1.2. As needed, Concessionaire shall submit to the Director fully complete and ready to bid plans and specifications (which could include design for replacement of all existing plumbing and drainage elements, including but not limited to grease lines, grease traps, and retail preparation area floor coverings for all phases of construction, together with fully developed demolition and build out schedules (inclusive of start dates for demolition and construction, the sequencing of work by trade, milestones, dates of substantial completion, and the date Concessionaire will begin operating its Concession in each Facility)) for all the Facilities set forth in Exhibit A in a timely manner to ensure that the deadlines set forth in Section 4.1.1. are met, taking into account time for permitting and the Director’s review and
Sample 1

Related to OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • Maintenance, Alteration and Repair (a) Resident is responsible for and agrees to take good care of the premises, fixtures and all common areas. Resident may not remove any of Owner’s property and will not perform any repairs, upgrades, painting, wallpapering, electric changes or other alterations of the premises without prior written consent from Owner. Resident will be responsible for damage from waste stoppages caused by foreign or improper objects or improper use in lines serving bathrooms, damage to fixtures, appliances, doors, windows, screens, damage from water faucets left on or from doors left open, and repairs or replacements to alarm devices necessitated by misuse or damage by Resident and/or guests. Extraordinary appliances or furnishings such as satellite dishes, hot tubs, pool tables, water beds or high utility-consuming devices may not be installed or placed on the premises or anywhere at the Property without Owner’s prior written consent, in its sole discretion. SAMPLE (b) In the case of a malfunction of any utilities or damage by fire, water or similar cause, or any water leak, suspected mold or microbial growth, electrical problem, broken glass, broken lock or any other condition that Resident reasonably believes poses a hazard to health and safety, Resident must promptly notify Owner in writing. Owner will act with reasonable time and diligence in making repairs and reconnections; Resident may not withhold or reduce payment of rent or other charges during such time. Maintenance and repair requested by Resident will generally be performed between 8am and 8pm, unless the work is considered an emergency, in which case work may take place at any time. Owner may temporarily disconnect equipment or utilities to avoid property damage and/or to perform repairs requiring such interruption, in Owner’s sole discretion. Owner will not be liable for any inconvenience, discomfort, disruption or interference with Resident use of the premises because of ongoing repairs, alterations or improvements to the Property or any apartment. (c) Following move-in, Resident is responsible for providing and changing all light bulbs and batteries (for smoke detectors and remote controls) in the assigned apartment. A written maintenance report requesting assistance in changing these items may be submitted for maintenance staff assistance, with extra charges payable by Resident as applicable per Owner’s published rates. From time to time, maintenance staff may enter the assigned apartment with or without notice to inspect and change furnace filters and to provide pest control.

  • Routine Maintenance, Construction, and Repair The NYISO or Connecting Transmission Owner may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. The NYISO or the Connecting Transmission Owner shall provide the Interconnection Customer with five Business Days notice prior to such interruption. The NYISO and Connecting Transmission Owner shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • New Construction If this contract is for a Property that is newly constructed and the new construction option is selected, coverage begins on day one (1) of month thirteen

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

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