Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect shall be at Project Co’s expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College is determined to adversely affect the day to day operation of the College.
Prior to Substantial Completion. If the Casualty occurs prior to Substantial Completion of the Improvements, satisfaction of all conditions precedent to Loan Advances set forth in Sections 6, 7.1 and 7.2 and compliance with all construction requirements of this Agreement.
Prior to Substantial Completion. Notwithstanding passage of title as provided in Section 8.1, Contractor shall bear the risk of loss and damage, and shall be obligated to repair, replace, or reconstruct any portion of the Work or Equipment which is lost, damaged or destroyed prior to Substantial Completion.
Prior to Substantial Completion. During the portion of the Term commencing on the date (the “Execution Date”) on which Tenant shall deliver a copy of an executed counterpart of this Agreement to Landlord and continuing through and including the New Rent Commencement Date (including any portion of the Extended Term prior to the New Rent Commencement Date), Tenant shall continue to pay to Landlord Rent with respect to the Premises in the amounts required and in the manner required under the Lease (and Rent shall be payable during each month (or partial month) after the Scheduled Expiration date and prior to the New Rent Commencement Date at the same monthly rate that Rent is payable with respect to the month in which the Scheduled Expiration Date occurs (i.e., the Rent for February, 2007, which is set forth in the Lease)).
Prior to Substantial Completion. Prior to substantial completion as defined in this Section 9, if APPLICANT sells, transfers or conveys the Property or any portion thereof comprising in excess of two (2) acres, then
(A) APPLICANT shall provide the COUNTY prompt written notice of such sale, transfer or conveyance; and (B) unless within thirty (30) days after the date of such notice the COUNTY approves, in its sole and absolute discretion, the transfer of this Agreement and the rights to receive the GRANT proceeds as part of such sale, then the COUNTY shall have the right to terminate this Agreement by written notice to APPLICANT delivered within such thirty (30) day period following the date of APPLICANT’S notice, whereupon the obligations of both parties accruing from and after the date of such termination shall cease. In addition, APPLICANT agrees that, except as otherwise provided in Section 9(c)(5) below, prior to the substantial completion as defined in this Section 9, the assignment of this Agreement is expressly prohibited without the prior written consent of COUNTY which consent may not be unreasonably withheld.
Prior to Substantial Completion. Prior to Substantial Completion of a Unit, Contractor will completely clean the vicinity of the Unit, and any other area utilized by Contractor during construction of the Unit, and will remove the waste materials (other than Hazardous Materials, which are addressed in Section 3.5(o)), rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit and handle or dispose of the same, in accordance with applicable Laws. Contractor will leave the Facility and the Site in a clean, safe and useable condition. If Contractor has failed to diligently begin its obligations under this Section within [***] or complete its obligations within [***] after Substantial Completion of a Unit, then Owners, after having given prior notice to Contractor and a reasonable opportunity to cure, may clean the vicinity of the Unit and remove the waste materials, rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit. The reasonable costs incurred by Owners to take such actions will be for the account of Contractor, and Contractor will reimburse such amounts to Owners. The taking of such actions by Owners will not relieve Contractor of its obligations under this Agreement and applicable Laws.
Prior to Substantial Completion. Owner and Contractor shall inspect the Work, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review and written approval, together with an estimate of the time necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items identified by Owner during its review, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected to achieve Substantial Completion. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items; provided, however, Contractor shall add to the Punchlist any items of a Punchlist nature that are discovered by Owner or Contractor prior to Final Completion of the Project, and further provided that the failure to include any items on the Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the terms and provisions of this Agreement. All Work on the Punchlist shall be completed by the Guaranteed Final Completion Date, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall immediately pay Owner (directly or by offset at Owner’s sole discretion), all costs and expenses incurred in performing such Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs and expenses to complete such Punchlist Work.
Prior to Substantial Completion. Notwithstanding passage of title as provided in Section 9.1 of this Agreement, Contractor shall have care, custody and control and bear the risk of loss to the Work and each component thereof (including all Owner-Supplied Items after delivery to the Site, and including unloading of all Equipment) until Substantial Completion of the Work occurs, provided that Owner shall bear risk of physical loss and damage to the Work to the extent (a) the costs associated with such physical loss or damage exceeds the aggregate limits or sub-limits of the builder’s risk insurance to be obtained by Owner pursuant to Attachment O, (b) such physical loss or damage is not insured under the builder’s risk insurance policy required to be provided by Owner under Section 2.1.1 of Attachment O to this Agreement because of the Owner’s failure to maintain such policies in full force and effect at all times required under this Agreement, or (c) such physical loss or damage is not insured under such policies because of an exclusion, term or condition of such policies; provided however, exception (c) shall not apply (and Contractor shall therefore bear the risk of physical loss and damage) to the extent such physical loss or damage would have been covered by such policies but for an act or omission of Contractor or any Subcontractor.
Prior to Substantial Completion. (a) Notwithstanding passage of title as provided in Section 11.1 of this Agreement, Contractor shall, to the fullest extent allowed under Applicable Laws, bear the risk of physical loss, damage to or destruction of the Work and each component thereof (including physical loss, damage to or destruction of Equipment whether occurring at a Supplier’s premises prior to transit of such item of Equipment to the Site, while in storage whether at the Site or in another location, while such Equipment is in transit and not yet delivered to the Site, or has been incorporated into the LNG Facility) as follows: (i) with respect to the Work performed for Stage I, Contractor shall bear the risk of physical loss, damage or destruction until the earlier of Stage I Substantial Completion is achieved or termination of this Agreement; and (ii) with respect to the Work performed for Stage II, Contractor shall bear the risk of physical loss, damage or destruction until Stage II Substantial Completion is achieved, or termination of this Agreement if earlier; provided, that Owner shall bear the risk of such loss, damage or destruction to the extent such loss or damage or destruction is due to an Excepted Risk.
(b) Contractor shall promptly repair, reconstruct or replace the damaged Work for which it has the risk of loss pursuant to Section 11.3.1(a), including the removal of any debris, and shall accelerate or expedite such repair, reconstruction or replacement as necessary to minimize any impact on the Guaranteed Substantial Completion Dates to the greatest extent reasonably possible.
(c) If and to the extent Contractor bears the risk of physical loss, damage or destruction pursuant to Section 11.3.1(a), then unless Owner has instructed Contractor to not repair such physical loss, damage or destruction, Contractor shall repair such Work as required under Section 11.3.1(b), and Owner as Contractor’s sole compensation for its costs to repair such physical loss or damage, shall in accordance with Section 16.5, reimburse Contractor for the costs to perform such repairs, up to a maximum amount equal to the amount of proceeds that Owner receives under the insurance policies covering such physical loss, damage or destruction, less any such proceeds that are provided directly to Contractor from the applicable insurers. If and to the extent that Owner bears the risk of physical loss, damage or destruction pursuant to Section 11.3.1(a) and Owner has instructed Contractor to repair such phy...
Prior to Substantial Completion progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract and State of Washington law, Chapter 60.28.011 Revised Code of Washington:
a. _95 percent of Work completed (with the balance being retainage); and
b. _95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
