Partial Completion. Lender may agree to disburse funds for Reserve Items prior to completion thereof where (i) the contractor performing such work requires periodic payments pursuant to the terms of its written contract with Borrower and Lender has given its prior written approval to such contract, and (ii) the cost of the portion of the Reserve Item to be completed under such contract exceeds $10,000.
Partial Completion. 7.7.1 Developer shall apply in writing for a Certificate of Partial Completion, such certificate being required whenever Developer contemplates in the sequencing of its Construction Work, any part of the Project, being made available for use by Patrons prior to Substantial Completion. The Authority will issue, following Developer’s request and within the time periods set forth in Sections 7.7.3 through 7.7.6 below, written certificate(s) of Partial Completion (the “Certificate of Partial Completion”) at such time as Partial Completion occurs. The Authority will not, prior to Service Commencement, permit any part of the Project (whether new construction or modification to existing construction) to be used by Patrons until a Certificate of Partial Completion has been issued by the Authority. Notwithstanding the previous issue by the Authority of a Certificate of Partial Completion, a new application for such certificate will be required and the Authority shall have issued a new Certificate of Partial Completion before additional new construction or additional modifications to existing construction may be brought into use by Patrons.
7.7.2 In determining whether Partial Completion has occurred, the Authority will determine the conditions on a case by case basis depending upon Developer’s request and the nature of the new construction or modification to existing construction. The Authority anticipates consideration and requirement of satisfaction of the following conditions:
7.7.2.1 all major safety features are installed and functional; such major safety features to include shoulders, guard rails, striping and delineations, concrete traffic barriers, bridge railings, cable safety systems, metal beam guard fences, safety end treatments, terminal anchor sections, and crash attenuators;
Partial Completion. Liquidated damages shall not be reduced or apportioned for Substantial Completion of portions of the Work prior to Substantial Completion of the entirety of the Work.
Partial Completion. From time to time, as portions of the Work are completed by the Contractor, the University shall have the right, upon giving the Contractor prior written notice, to accept any portion of the Work that the University desires to use and occupy. Such partial acceptance shall be made in writing and thereafter the Contractor shall have no further obligation with respect to the Work accepted, except to correct the Work subsequently found to have been improperly done, to replace defective materials or equipment, or as defined by Substantial Completion and Punchlist requirements.
Partial Completion. In the case of partial completion of an Order by reason of any of the events referred to in clauses 8 or 16 the Company shall be entitled to payment by way of a quantum meruit for all work done by it, without prejudice to its rights should non- completion be occasioned by the Buyer.
Partial Completion. Notwithstanding the provisions of the foregoing Paragraph (aa), entitled “Completion”, when a discrete, integral and material portion of the Construction Work is substantially completed or is properly usable, the Lessee may advise the Port Authority to such effect and may deliver to the Port Authority: [a] a certificate signed by an authorized officer of the Lessee certifying that such portion of the Construction Work has been constructed in accordance with the approved plans and specifications and the provisions of this Third Supplement and in compliance with all applicable law; [b] a certificate signed and sealed on behalf of the Project Engineer by a New York State licensed architect on its staff certifying that the approved plans and specifications are in compliance with all applicable laws; and [c] a certificate signed and sealed on behalf of the Project Engineer by a New York State licensed engineer on its staff certifying that such portion of the Construction Work has been constructed in accordance with the approved plans and specifications. The Lessee shall also certify that such portion of the Construction Work can be properly used even though the Construction Work has not been completed and that the Lessee desires such use. The Port Authority may permit the Lessee to use such portion for the purpose set forth in this Third Supplement taking into consideration that one purpose of the construction staging and scheduling is to permit the continuous operation of the Premises as an air terminal facility and to minimize disruption to passengers, tenant airlines and concessionaires while proceeding as promptly as possible to completion of the construction of T5i Project-Phase 1. Accordingly, the Port Authority shall take into consideration the said purpose in reviewing any request by the Lessee for the issuance of a certificate to the Lessee with respect to each discrete, integral and material portion of the Construction Work permitting the Lessee to use such portion thereof for the purposes set forth in this Third Supplement. In the event the Port Authority issues such certificate, the Lessee may use such discrete, integral and material portion subject to the condition that all risks thereafter with respect to the construction and installation of the same and any liability therefor for negligence or other reason shall be borne by the Lessee, and subject to the risks as set forth above in the paragraph relating to Partial Approval Work.
Partial Completion. 6.31.1.1 When items of Work cannot be completed until a subsequent date, the A/E may recommend shall prepare a partial Certificate of Contract Completion that these items beshall include a detailed list of the deferred Work and the date(s) by which the Contractor will complete that Work.
Partial Completion. If (i) the time required to complete a Replacement exceeds three months, (ii) the contractor performing such Replacement requires periodic payments pursuant to the terms of a written contract, (iii) Lender has approved in writing in advance such periodic payments, and (iv) the cost of the portion of the work completed under such contract exceeds $10,000, a request for reimbursement from the Replacement Reserve may be made after completion of a portion of the work under such contract, provided (A) such contract requires payment upon completion of such portion of the work, (B) the materials for which the request is made are on site at the Hotel and are properly secured or have been installed in the Hotel, (C) all other conditions in this Agreement for disbursement have been satisfied, (D) funds remaining in the Replacement Reserve are, in Lender's reasonable judgment, sufficient to complete the portion of such Replacements to be completed during the term of this Agreement, and (E) each contractor or subcontractor receiving payments under such contract shall provide a waiver of lien with respect to amounts which have been paid to that contractor or subcontractor.
Partial Completion. Notwithstanding the provisions of, and without affecting the obligations of the Lessee under, Section 5(v)(1) above to achieve the Completion Date with respect to the entire D&C Work, when a material portion of the D&C Work is substantially completed or is properly usable for the purposes set forth in Section 8 (Use of Premises) (any portion of the D&C Work relating to an Installation or a portion thereof, hereinafter called an “Installation Portion,” and any portion of the D&C Work relating to the New Terminal Facilities, hereinafter called a “Partial Occupancy Portion”), the Lessee may advise the Port Authority to such effect and may deliver to the Port Authority: (A) a certificate signed by an authorized officer of the Lessee certifying that the requirements of this Section 5(v)(2) have been met and that the Installation Portion or the Partial Occupancy Portion, as applicable, has been constructed, in all respects, in accordance with all approved plans and specifications and the provisions of the Project Documents and all Applicable Law and Applicable Standards (including installation, commissioning and activation of all equipment and systems required to be installed, commissioned and activated by the Lessee in accordance with this Agreement and the Comprehensive Plan); (B) a certificate signed and sealed on behalf of the Architect of Record by a New York State licensed architect on its staff certifying that the approved plans and specifications relating to such Installation Portion or Partial Occupancy Portion, as applicable, are in compliance, in all respects, with the Project Documents, Applicable Law and Applicable Standards and; and (C) a certificate signed and sealed on behalf of the Engineer of Record by a New York State licensed engineer on its staff certifying that such Installation Portion or Partial Occupancy Portion, as applicable, has been constructed, in all respects, in accordance with the Project Documents, Applicable Law and Applicable Standards. The Lessee shall also certify that such Installation Portion or Partial Occupancy Portion, as applicable, can be properly used without interfering with the completion of the remaining D&C Work. Without limiting the generality of the foregoing, the Lessee shall have satisfied all of the applicable conditions set forth in the TCAP Manual and the conditions set forth in Section 5(v)(1)(iii) above but solely with respect to the Installation Portion or the Partial Occupancy Portion.
Partial Completion. (a) Without prejudice to any other rights and remedies the Purchaser may have, the Purchaser shall not be obliged to complete the sale and purchase of any of the Shares unless the sale and purchase of all of the Shares and the Majority Shareholders’ Shares is completed simultaneously.
(b) Without prejudice to any rights and remedies the Purchaser may have, if the Minority Sellers do not comply with their obligations under Clause 6.2 the Purchaser may proceed to Completion as far as practicable (without limiting its right to claim damages in respect of the breach or any other rights and remedies it may have) or defer Completion to a date being not more than 20 Business Days following the date on which Completion would otherwise have taken place (so that the provisions of this Clause 6 shall apply to Completion so deferred) provided that such deferral may only occur once.
(c) Without prejudice to any rights and remedies the Minority Sellers may have, if the Purchaser does not comply with its obligations under Clause 6.2 the Minority Sellers may proceed to Completion as far as practicable (without limiting their right to claim damages in respect of the breach or any other rights and remedies they may have) or defer Completion to a date being not more than 20 Business Days following the date on which Completion would otherwise have taken place (so that the provisions of this Clause 6 shall apply to Completion so deferred) provided that such deferral may only occur once.
