Scheduled Substantial Completion and Delivery of Possession, Tenant Delays and Excused Delays Sample Clauses

Scheduled Substantial Completion and Delivery of Possession, Tenant Delays and Excused Delays. Landlord (i) shall proceed diligently with the construction of the Project Improvements in substantial accordance with the Construction Plans, and (ii) shall Substantially Complete (as defined in Section 2.2(b) hereof) the Project Improvements and deliver possession of the Demised Premises to Tenant no later than 12 months after the last to occur of the date the Lease Contest Condition is satisfied, the date the Material Adverse Change Condition is satisfied or the date the Land Acquisition Condition is satisfied (the "Scheduled Substantial Completion Date"), provided, however, that if there is any delay therein (of which Landlord has given Tenant notice within 30 days after Landlord has actual notice of the event giving rise to such delay) which is caused or materially contributed to by Tenant, including, without limitation, any delay in the construction timeline resulting from any Change Orders requested by Tenant or as a result of the process anticipated by Exhibit C attached hereto and made a part hereof ("Tenant Delays"), from any other Change Orders or by Force Majeure Events (collectively, including, Tenant Delays, "Excused Delays"), then the Scheduled Substantial Completion Date and delivery of possession shall be extended for the additional time caused thereby. For purposes of this Lease, the term "Force Majeure Events" shall mean any act of God, unusual weather conditions, labor or material shortages, fire, earthquake, flood, explosion, police action, invasion, insurrection, riot, mob violence, sabotage, strike, terrorism, condemnation, any court order, judgment or decree or other judicial action, governmental acts or omissions (including, without limitation, permitting and other approvals necessary to effectuate the Project Improvements), subterranean conditions of the Land that were not reasonably foreseeable on the Effective Date and that have a material adverse impact on construction activities, finding or adjudging the absence of the ability, right, power or authority of a party to carry out the terms of this Lease, or otherwise preventing or enjoining a party from proceeding with its obligations under this Lease, restraint by or of governmental, civil or military authorities, or any other causes beyond the reasonable control of the parties.
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Scheduled Substantial Completion and Delivery of Possession, Tenant Delays and Excused Delays. Landlord (i) shall proceed diligently with the construction of the Project
Sample 1

Related to Scheduled Substantial Completion and Delivery of Possession, Tenant Delays and Excused Delays

  • 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.

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • 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.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « » ] The date of this Agreement. [ « » ] A date set forth in a notice to proceed issued by the Owner. [ « » ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

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