Schedule Update. The Contractor shall submit bi-weekly schedule updates which shall reflect actual conditions of Project progress as of the date of the update. The update shall reflect the actual progress of construction, identify developing delays, regardless of their cause, and reflect the Contractor's best projection of the actual date by which Substantial Completion and Final Completion of the Project will be achieved. Via a narrative statement (not merely a critical path method schedule), the Contractor shall identify the causes of any potential delay and state what, in the Contractor's judgment, must be done to avoid or reduce that delay. The Contractor shall point out, in its narrative, changes that have occurred since the last update, including those related to major changes in the scope of work, activities modified since the last update, revised projections of durations, progress and completion, revisions to the schedule logic or assumptions, and other relevant changes. Any significant variance from the previous schedule or update shall also be identified in a narrative, together with the reasons for the variance and its impact on Project completion. All schedule updates shall be in Primavera 6 format. The Department may make reasonable requests during the Project for changes to the format or for further explanation of information provided. Submission of updates showing that Substantial Completion or Final Completion of the Project will be achieved later than the applicable scheduled completion date shall not constitute requests for extension of time and shall not operate to change the scheduled completion date. The Department’s receipt of, and lack of objection to, any schedule update showing Substantial Completion or Final Completion later than the dates agreed upon in the Project Schedule shall not be regarded as the Department’s agreement that the Contractor may have an extension of time, or as a waiver of any of the Department’s rights, but merely as the Contractor’s representation that, as a matter of fact, Substantial Completion or Final Completion of the Project may not be completed by the agreed upon date in the Project Schedule. Changes to the scheduled completion dates may be made only in the circumstances and only by the methods set forth in the Task Order Agreement.
Schedule Update. Time Warner Cable shall not have exercised its right to update any Schedule to this Agreement pursuant to clause (ii) of the first sentence of Section 7.11.
Schedule Update. (a) Three (3) Business Days prior to the Closing Date, AssetCo shall deliver to Contributor a true and complete schedule of changes (each, a “Schedule Update”) to any of the information contained in the AssetCo Disclosure Schedule with respect to the Acquired Assets (including changes to any other representation or warranty in Article III as to which no Schedule has been created as of the date hereof but as to which a Schedule would have been required hereunder to have been created on or before the Execution Date if such changes had existed on the Execution Date), which changes are required as a result of events or circumstances occurring subsequent to the Execution Date which would render any representations or warranties of AssetCo set forth in Article III inaccurate or incomplete at the Closing Date.
(b) Any information disclosed in any Schedule Update shall not be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement (including any representation or warranty included in the Closing Certificate), including for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 6.01(a) or Section 6.01(b) have been satisfied. For avoidance of doubt, AssetCo’s knowledge of any breach of any representation or warranty prior to the Closing as a result of any Schedule Update shall not affect any liability on the part of AssetCo pursuant to this Agreement (including the Closing Certificate).
Schedule Update. Comcast shall not have exercised its right to update any Schedule to this Agreement pursuant to clause (ii) of the first sentence of Section 6.10.
Schedule Update. TWC shall not have exercised its right to update any Schedule to this Agreement pursuant to clause (ii) of the first sentence of Section 6.10.
Schedule Update. From time to time prior to the Closing, any Seller or the Company, as the case may be, may, at its respective option, supplement or amend and deliver updates to the Company Disclosure Schedule (each a “Schedule Update”), that are necessary to complete or correct any information in such Company Disclosure Schedule or in any representation or warranty of the Sellers or the Company, as the case may be, that has been rendered inaccurate or incomplete due solely to any change, event, effect or occurrence since the date of this Agreement. If (a) Parent has the right to terminate the Agreement pursuant to Section 10.01(d) as a result of such Schedule Update and does not exercise such right within twenty (20) Business Days thereof and (b) the Schedule Update pursuant to this Section 6.14 relates solely to events occurring or conditions arising after the date of this Agreement, then such Schedule Update shall be deemed to have amended the Company Disclosure Schedule as of the date of this Agreement and to have qualified the representations and warranties contained in Article 3 with respect to the Sellers or Article 4 with respect to the Company, as of the date of this Agreement, and to have cured any misrepresentation or breach of warranty that otherwise might have existed hereunder by reason of the existence of such matter. The Sellers or the Company, as applicable, shall provide to Parent any information relating to any Schedule Update reasonably requested by Parent. For the avoidance of doubt, (i) Parent shall not be permitted to terminate this Agreement and it shall not otherwise be deemed a breach of this Agreement as a result of any Schedule Updates that relate to any actions permitted by or taken in accordance with Section 6.02 and (ii) if (x) Parent does not have the right to terminate the Agreement pursuant to Section 10.01(d) as a result of a Schedule Update or (y) a Schedule Update pursuant to this Section 6.14 does not relate solely to events occurring or conditions arising after the date of this Agreement, then such Schedule Update shall not be deemed to have amended the Company Disclosure Schedule as of the date of this Agreement, to have qualified the representations and warranties contained in Article 3 with respect to the Sellers or Article 4 with respect to the Company, as of the date of this Agreement, or to have cured any misrepresentation or breach of warranty that may exist hereunder by reason of the existence of such matter.
Schedule Update. Seller shall immediately notify to Purchaser, including the manner of updating the Schedules, on or prior to the Closing, any update of the Schedules in relation to this Article containing any matters arising or discovered after the date hereof. Upon written consent by Purchaser, applicable Schedule will be updated or replaced by such updates of the Schedule.
Schedule Update. As and when requested by the DGS Project Manager but no less often than monthly, the Project Management Contractor shall review the builder’s then current schedule for adequacy and completeness. The Project Management Contractor shall inform the DGS Project Manager of any significant deficiencies in the builder’s then current schedule. As part of such reviews, the Project Management Contractor shall evaluate whether the schedule complies with the requirements of the underlying contract and contains durations and logic ties that are reasonable and appropriate. Among other things, the Project Management Contractor shall identify any activity that has a planned duration of more than two (2) months.
Schedule Update. From time to time prior to the Closing Date, Seller may at its option supplement or amend and deliver updates to the Schedules (each a “Schedule Update”) that are necessary to complete or correct any information in such Schedules or in any representation or warranty of Seller that has been rendered inaccurate since the date of this Agreement. If (a) Buyer has the right to terminate the Agreement pursuant to Section 9.1(c) and does not exercise such right as a result of such Schedule Update within 10 days and (b) the Schedule Update pursuant to this Section 6.12 relates to events occurring or conditions arising after the date of this Agreement, then such Schedule Update shall be deemed to have amended the appropriate Schedule or Schedules as of the date of this Agreement, to have qualified the representations and warranties contained in Article III and IV as of the date of this Agreement, and to have cured any misrepresentation or breach of warranty that otherwise might have existed hereunder by reason of the existence of such matter. If Seller delivers a Schedule Update that discloses matters that result in a breach of a representation or warranty of Seller in this Agreement that materially and adversely affects the business, financial condition or results of operations of the Project Company, then such Schedule Update shall be deemed to have amended the appropriate Schedule or Schedules as of the date of this Agreement, to have qualified the representations and warranties contained in Article III and IV as of the date of this Agreement, and to have cured any misrepresentation or breach of warranty that otherwise might have existed hereunder by reason of the existence of such matter; provided, however, that such Schedule Update shall not be deemed to have amended the appropriate Schedule or Schedules as of the date of this Agreement for the purposes Article X and Seller shall indemnify Buyer for Losses arising from such breach without application of the limitations set forth on Section 10.2(c). For the avoidance of doubt, if Seller delivers a Schedule Update that discloses matters that do not result in a breach of a representation or warranty of Seller in this Agreement that materially and adversely affects the business, financial condition or results of operations of the Project Company, then such Schedule Update shall be deemed to have amended the appropriate Schedule or Schedules as of the date of this Agreement, to have qualified the representations an...
Schedule Update. From time to time prior to the Closing, for purposes of its certificate to be delivered at Closing pursuant to Section 3.2(b) and for purposes of determining whether the Seller’s representations and warranties are true and correct as of the Closing Date as though made on and as of the Closing Date, to the extent and in the manner provided under Section 7.2(a), Seller may at its option supplement or amend and deliver updates to the Schedules to Article 4 to include reference to any matter relating to Seller, the Company or its assets which first arises or occurs after the Execution Date and does not represent a breach of Seller’s covenants in this Agreement; provided, however, notwithstanding the foregoing, (a) no such supplement or amendment shall in any way affect Purchaser’s ability to terminate this Agreement based upon the condition to closing set forth in Section 7.2(f) not being satisfied and (b) Purchaser shall have the right to terminate this Agreement in the event Seller supplements or amends any Schedule relating to the Fundamental Reps.
