Remedy for Failure to Achieve Substantial Completion by the Substantial Completion Deadline Sample Clauses

Remedy for Failure to Achieve Substantial Completion by the Substantial Completion Deadline. Upon execution of the Venue Construction Contract, City’s liability to Club and BSD for City’s failure to achieve Substantial Completion of the Venue Improvements Work on or before the Substantial Completion Deadline shall be limited to Club’s and BSD’s right to receive the Late Opening Charges. Notwithstanding anything to the contrary contained in this Agreement, neither Club nor BSD shall have any rights or remedies against City, other than the recovery of the Late Opening Charges as set forth in Sections 5.2 and 5.4 (Club and BSD each hereby waiving all such rights and remedies, including any and all right to terminate this Agreement and the right to seek any additional type or kind of damages against City for such default), as a result of City’s failure to achieve Substantial Completion of the Venue Improvements Work as required by this Agreement. Nothing in this Section 6.4.4 is intended to limit any damages City may recover from the Contractor with regard to a delay in the completion of the Venue Improvements Work.
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Remedy for Failure to Achieve Substantial Completion by the Substantial Completion Deadline. Upon execution of the Venue Construction Contract, City’s liability to BSD for City’s failure to achieve Substantial Completion of the Venue Improvements Work on or before the Substantial Completion Deadline shall be limited to BSD’s right to receive the Late Opening Charges. Notwithstanding anything to the contrary contained in this Agreement, neither Club nor BSD shall have any rights or remedies against City, other than the recovery as set forth in Sections 5.2 and 5.3 (Club and BSD each hereby waiving all such rights and remedies, including any and all right to terminate this Agreement and the right to seek any additional type or kind of damages against City for such default), as a result of City’s failure to achieve Substantial Completion of the Venue Improvements Work as required by this Agreement. Nothing in this Section 6.4.4 is intended to limit any damages City may recover from the Contractor with regard to a delay in the completion of the Venue Improvements Work.
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Related to Remedy for Failure to Achieve Substantial Completion by the Substantial Completion Deadline

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • Substantial Completion Section 7.4.1 When Supplier believes that it has achieved the requirements of Substantial Completion, Supplier shall provide written notice (the “Notice of Substantial Completion”) to System Owner stating that Supplier has achieved Substantial Completion, together with copies of all documents (as identified in the definition of Substantial Completion) that are required to be delivered to System Owner to meet Substantial Completion that have not been previously delivered. Section 7.4.2 Upon receipt of the Notice of Substantial Completion, System Owner shall promptly proceed to obtain Independent Engineer’s review and approval of the Notice of Substantial Completion and the Commissioning Report within a reasonable time, but in no event more than ten (10) Business Days following receipt of the Notice of Substantial Completion and all accompanying documents or such longer period of time as specified in the Construction Schedule (the “Substantial Completion Review Period”). Section 7.4.3 Supplier shall provide System Owner with reasonable notice of the date and time of the inspection or review of the System by a representative of the applicable Governmental Authority or Host Utility, if required, for purposes of achieving Substantial Completion, and System Owner shall have the right to have one or more representatives and the Independent Engineer present during such inspection or review. If the representative of the applicable Governmental Authority or Host Utility notifies Supplier or System Owner that the requirements for achieving Substantial Completion have not been achieved, then Supplier shall promptly take such action as necessary to achieve such requirements and, to the extent applicable, schedule another inspection or review of the System. Such procedure shall be repeated until such inspection or review has been satisfactorily completed and approved. Section 7.4.4 If System Owner and the Independent Engineer approve the Notice of Substantial Completion, System Owner shall, within the Substantial Completion Review Period, (a) notify Supplier of its approval and (b) issue written notice to Supplier to complete the Work (the “Notice to Complete”). Section 7.4.5 If System Owner or the Independent Engineer has a reasonable basis not to approve the Notice of Substantial Completion because the requirements for Substantial Completion have not been met, System Owner shall, within the Substantial Completion Review Period, notify Supplier of its non-approval and include a detailed explanation for the basis thereof. Supplier shall promptly undertake such action or work as necessary to achieve such requirements and shall then issue another Notice of Substantial Completion to System Owner stating that Supplier believes that such requirements have been achieved. Such procedure shall be repeated until Substantial Completion is achieved. If Supplier disputes the reasons stated in System Owner’s notification, then such dispute shall be resolved in accordance with Article XIX.

  • Certificate of Substantial Completion The certificate prepared by the Designer and approved by the Owner to the effect that the Work has reached Substantial Completion.

  • Cure Period Prior to any claim for default being made, either the Buyer or Seller will have an opportunity to cure any alleged default. If either Buyer or Seller fails to comply with any provision of this Agreement, the other party will deliver written notice to the non- complying party specifying such non-compliance. The non-complying party shall have calendar days after delivery of such notice to cure the non-compliance.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • Satisfactory Completion of Due Diligence The Company and the Shareholders shall have completed their legal, accounting and business due diligence of the Parent and the results thereof shall be satisfactory to the Company and the Shareholders in their sole and absolute discretion.

  • Completion of Repairs Borrower will commence any Repairs as soon as practicable after the date of this Loan Agreement and will diligently proceed with and complete such Repairs on or before the Completion Date. All Repairs and Capital Replacements will be completed in a good and workmanlike manner, with suitable materials, and in accordance with good building practices and all applicable laws, ordinances, rules, regulations, building setback lines and restrictions applicable to the Mortgaged Property. Borrower agrees to cause the replacement of any material or work that is defective, unworkmanlike or that does not comply with the requirements of this Loan Agreement, as determined by Lender.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

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