Resolution of Construction Related Disputes Sample Clauses

Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding completion of the Pre-Delivery Work or other portions of Landlord’s Work, the date of Substantial Completion of the Tenant Improvements, or the occurrence of an instance of Force Majeure, Landlord Delay, Tenant Delay of Pre-Delivery Work, Tenant Caused Substantial Completion Delay, or any other issues regarding the commencement, completion or delays in the performance of Landlord’s Work or the Tenant Improvements or regarding rent abatements or cost reimbursements due in connection Landlord’s Work or the construction of the Tenant Improvements, then if such disagreement is not resolved within thirty (30) days, either party may require that such disagreement be submitted by the parties to a dispute resolution procedure mutually and reasonably agreed to by the parties, which may be JAMS or another reputable dispute resolution group or may be a mutually agreed upon expert acting independently, provided that any expert retained in connection with the resolution of a dispute regarding completion of Landlord’s Work shall be an independent general contractor with not less than fifteen (15) years experience in construction projects such as the construction of Landlord’s Work and any expert retained in connection with the Substantial Completion of the Tenant Improvements, shall be an independent architect with not less than fifteen (15) years experience as an architect for projects such as, or similar to, the Tenant Improvements. The parties shall agree upon the dispute resolution procedure and expert(s) within thirty (30) days following the date that the parties have agreed to resolve such disagreement pursuant to this Paragraph 4.n. The decision reached through the dispute resolution procedure shall be binding on the parties. Each party shall bear one-half (1/2) of the cost of the dispute resolution procedure.
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Resolution of Construction Related Disputes. Disputes between the parties concerning the interpretation or application of this Agreement or any matter relating to the subject matter of this Agreement shall be submitted to mediation on an expedited basis following demand by either party, unless the parties shall mutually agree otherwise, and shall take place in Dallas, Texas, utilizing a mutually approved mediator, or, if the parties are unable to reach agreement as to an acceptable mediator within three (3) business days after a party's notice of submittal to mediation, then utilizing a mediator appointed by the President of the Dallas Chapter of SIOR. The parties shall use their best good faith efforts to cause the mediation to occur no later than fifteen (15) business days after a party's demand for mediation. Each party shall pay its own attorneys' fees and costs of the mediator's services shall be paid in equal shares by the parties. In the event that the parties are unable to resolve their disputes through mediation within forty five (45) days after a party's initial demand for mediation, such remaining disputes shall be submitted to binding arbitration ("Binding Arbitration") before a single arbitrator. The Binding Arbitration shall be conducted under the rules for construction-related disputes of the American Arbitration Association on an expedited basis, unless the parties shall mutually agree otherwise, and shall take place in Dallas, Texas. The arbitrator shall have the discretion to award attorneys' fees and arbitration costs to either party based on facts in evidence, but in the absence of such an award, each party shall pay its own attorneys' fees and arbitration costs shall be paid in equal shares by the parties. 38 EXHIBIT "C-1" PURCHASE AND SALE AGREEMENT BETWEEN SELLER AND BUYER PROJECT MODEL OUTLINE SPECIFICATIONS OPTIONAL ITEMS 2828 XXXXX XXXXXX XX. XXXXXXXX XXXXXXXX #0 NOT NOW INCLUDED FEATURE BUILDING #6 SELLER'S IMPROVEMENTS IN SELLER'S IMPROVEMENTS --------------------------------- ------------------------------------ ---------------------------------- 1. PURCHASE Original quote $17,782,000 PRICE: + Buyer Elections $ 1,572,974 ----------- Total PP $19,354,974 All cash at Closing. Plus a contingency amount to be determined not to exceed $75,000 that is equal to the added cost of pumping concrete and/or utilizing lime stabilization to construct the floor slab and site paving. --------------------------------- ------------------------------------ ----------------------------------...
Sample 1
Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding if or when the 9th Floor Additional Premises were delivered in Delivery Condition, the date of Substantial Completion of the 9th Floor Initial Alterations, or the occurrence of an instance of Force Majeure, Landlord Delay, or any other issues regarding the commencement, completion or delays in the performance of the 9th Floor Landlord’s Work or the 9th Floor Initial Alterations or regarding disbursements of the 9th Floor Alterations Allowance or the 9th Floor Additional Allowance, then if such disagreement is not resolved within thirty (30) days, the provisions of Paragraph 4.f. of the Lease shall apply to such dispute.
Sample 1
Resolution of Construction Related Disputes. In the event of any dispute pertaining directly to the parties’ respective obligations under this Article II, such dispute shall be submitted to binding arbitration in accordance with the following provisions; provided, however, that prior to submission to arbitration, representative of the Landlord and the Tenant, with full settlement authority, will be required to meet on at least two occasions, with appropriate consultants or other advisors, and shall make a good faith effort to resolve any such dispute; provided further, that if such meetings do not occur within thirty (30) days of demand by one of the parties, or if such meetings do occur and the dispute is not resolved , the arbitration shall nonetheless proceed. All delays occasioned by such arbitration shall constitute Excused Delay.
Sample 1

Related to Resolution of Construction Related Disputes

  • 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.

  • Completion of Construction Within 60 days of the completion of construction of the Project, Project Owner shall deliver to DoD copies of the FAA form 7460-2 for each ASN, including the final coordinates for each turbine erected.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Lenders’ notice addresses under Section 13.3.1; or (g) discretion of any Lender mean the sole and absolute discretion of such Person. All calculations of fundings of the Loans, and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision.

  • General Rules of Construction Except as expressly stated otherwise, all references to “Paragraph(s)” or “Section(s)” in this Contract are references to Paragraphs and Sections of this Contract or the Exhibits attached to this Contract; and all references to Exhibit(s) are references to the Exhibits attached hereto. The table of contents and headings used in this Contract are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of this Contract or the scope or intent of its provisions, are not a part of this Contract, and will not enter into the interpretation of this Contract. All references to “days” in this Contract mean calendar days unless otherwise stated. The term “business day” means Monday through Friday, excluding holidays observed by the School District.

  • ICIF Construction The ICIF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Parties agree on another mutually acceptable deadline, Interconnection Customer shall deliver to Transmission Provider and Transmission Owner “as-built” drawings, information and documents for the ICIF, such as: a one-line diagram, a site plan showing the Generating Facility and the ICIF, plan and elevation drawings showing the layout of the ICIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Interconnection Customer’s step-up transformers, the facilities connecting the Generating Facility to the step-up transformers and the ICIF, and the impedances (determined by factory tests) for the associated step-up transformers and the Generating Facility. Interconnection Customer shall provide Transmission Provider and Transmission Owner with Interconnection Customer’s specifications for the excitation system, automatic voltage regulator, Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • Governing Law; Severability; Rules of Construction This Security Instrument is governed by federal law and the law of the State of Ohio. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. If any provision of this Security Instrument or the Note conflicts with Applicable Law (i) such conflict will not affect other provisions of this Security Instrument or the Note that can be given effect without the conflicting provision, and (ii) such conflicting provision, to the extent possible, will be considered modified to comply with Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence should not be construed as a prohibition against agreement by contract. Any action required under this Security Instrument to be made in accordance with Applicable Law is to be made in accordance with the Applicable Law in effect at the time the action is undertaken. As used in this Security Instrument: (a) words in the singular will mean and include the plural and vice versa; (b) the word “may” gives sole discretion without any obligation to take any action; (c) any reference to “Section” in this document refers to Sections contained in this Security Instrument unless otherwise noted; and (d) the headings and captions are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Security Instrument or any particular Section, paragraph, or provision.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • Manner of Construction Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term (upon Tenant’s request, Landlord shall specify, at the time of its consent, which Alteration, if any, must be removed upon expiration or early termination of the Lease Term), and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord. Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the City of Irvine in conformance with Landlord’s construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the common areas by any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee. Upon completion of any Alterations, Tenant shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of Irvine County in accordance with the terms of Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to Landlord a reproducible copy of the “as built” drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials.

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.

  • 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.

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