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 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Certificate of Substantial Completion The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the City when construction is sufficiently complete, in accordance with the Contract Documents, so the City of Roanoke, Virginia (City or Owner) can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. ITB NO.: PROJECT: CONTRACTOR: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work or portion thereof designated above performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as . The City will assume possession thereof at a.m./p.m. on that date. A list of items ("punch list"), prepared by the A/E and/or Director, Department of Public Works, to be completed or corrected by the Contractor, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor will complete any portion of the Work that is not substantially complete and will complete or correct the work on the punch list in accordance with the Contract Documents. The establishment of a date of substantial completion and/or the acceptance of the Work or designated portion thereof does not relieve the Contractor of any responsibility for any faulty materials or workmanship or operate to relieve the Contractor or its Surety from any obligation under the Contract with the City or the Performance Bond or Labor and Material Payment Bond. This Certificate is subject to the terms and conditions of the Contract Documents, including but not limited to Section 20.8 of the General Conditions. Contractor By Date City of Roanoke, Virginia City By Date CITY OF ROANOKE, VIRGINIA AFFIDAVIT OF PAYMENT OF CLAIMS By: This day personally appeared before me, , and, being by me first duly sworn states that all subcontractors and suppliers of labor and materials have been paid all sums due them for work performed or materials furnished in the performance of the Contract between the City of Roanoke, Virginia, and ,Contractor, dated , 20 , for or arrangements have been made by the Contractor satisfactory to such subcontractors and suppliers with respect to the payment of such sums as may be due from the Contractor to the subcontractors and suppliers. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I, , a Notary Public in and for the Commonwealth of Virginia, do hereby certify that , whose name is signed to the foregoing, has subscribed, sworn to and acknowledged the same before me this day of , 20 . Seal: Notary Public Registration #: My Commission Expires:

  • 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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