Timing of Improvements. (1) Developer hereby agrees that construction of the Minimum Improvements shall be commenced on or before August 1, 2017, and shall be substantially completed by September 30, 2018. The time frames for the performance of these obligations shall be suspended due to unavoidable delays, meaning delays outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay.
Timing of Improvements. The improvements required to be installed by Owner under this Agreement shall be installed within two years of the date of execution of this Agreement. Building permits for lots in Project shall not be issued until the contracts for installation of the public improvements have been executed and monies sufficient to satisfy said contracts have been deposited in escrow. Owner acknowledges that City will not permit the occupancy of any residential structure in Project until street improvements and water and sanitary sewer mains within Project have been installed, tested and accepted by City, which acceptance will not be unreasonably withheld by City.
Timing of Improvements. Notwithstanding anything herein to the contrary, the Developer may advance funds and/or construct and install Improvements as Developer deems appropriate in its sole and absolute discretion, including the construction and installation of Improvements to serve portions of the Property and in different phases and sections over a period of time. Developer may exercise its sole discretion on all aspects of the phasing and timing of development and shall not be obligated to advance funds and/or construct and install the Improvements for the entire property at one time. The District or Developer may contract with District No. 1-A to oversee the construction, inspection, acquisition or maintenance of the Improvements and District No. 1-A shall take prudent actions related to same.
Timing of Improvements. Employers agree that construction of the Building Minimum Improvements on the Property shall be commenced within thirty (30) days after the Closing Date and shall be substantially completed by December 31, 2023. The time frames for the performance of these obligations shall be suspended due to unavoidable delays meaning delays, outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay.
3. Section 5 COVENANTS OF DEVELOPER AND EMPLOYERS is amended by deleting Sections 5.1 and 5.2.
Timing of Improvements. Part I and Part II improvements are contingent upon LLC obtaining approval from City, acceptable to LLC in its sole discretion, of the following: annexation, zone change, and land division. Nothing herein is intended to guaranty any such approvals, or to avoid the land use process. Said improvements shall be constructed as a condition of final plat recordation.
Timing of Improvements. Owner may implement the Plan Documents, if at all, in phases in Owner’s sole and absolute discretion. It is the Parties’ specific intent that this Agreement shall prevail over any later-adopted, general initiative or moratorium that might otherwise have the effect of restricting or limiting the timing of development of the Project, and that Owner shall have the right to develop the Project at such time as Owner deems appropriate within the exercise of its subjective business judgment; and no annual (or other) later-adopted or approved limit, moratoria, or other limitation upon the number of, or phasing or pacing of, buildings which may be constructed, or building permits which may be obtained, or the like shall apply to the Project within the Term of this Agreement.
Timing of Improvements. Owner estimates that construction of the Improvements will begin by March 31, 2024 and will be substantially completed by December 31, 2024. If Owner has not substantially completed construction of the Improvements by December 31, 2024, Owner has the right upon request to receive a one-time, one-year extension of the December 31, 2024, deadline to December 31, 2025. Owner must request the extension by written notice to the County prior to December 31, 2024. For purposes hereof, the construction of the Improvements shall be substantially completed if at least 100 MW Capacity (defined below) of the Improvements is installed, is able to generate electricity, and is connected to the grid with an interconnection agreement on or before the deadline of December 31, 2024, the first extended deadline of December 31, 2025.
Timing of Improvements. The parties recognize the project will be built over time as the market demands and, due to the practical realities of construction, certain amenities will be installed as development of the project progresses. Therefore, the amenities required in Section 2.d. shall be installs pursuant to the following schedule:
Timing of Improvements. University Construction agrees that said design of improvements will commence upon the execution of a sales contract or other agreement that unconditionally commits Allied Waste Transportation, Inc., d/b/a Central Waste Services. to the relocation of Central Waste’s facilities to the L/T 1223 site as shown on Exhibit B attached. Provided the additional required right-of-way has been acquired, University Construction agrees that, the construction of said improvements will commence after all appeals of the siting for the Central Waste Transfer and Recycling facility have been exhausted, and within thirty (30) working days of the City’s Director of Public Works approval of said plans.
Timing of Improvements. PRPA will use its best efforts to cause the PRPA Capital Improvements to be constructed promptly and by the respective target completion dates set forth in Exhibit H. Notwithstanding the preceding sentence, PRPA shall not be obligated to commence the construction of the Third Crane Rail Project (as defined in Exhibit H) until PRPA has been provided with evidence satisfactory to PRPA that XXXX has obtained all necessary approvals and has full authority to move the Gloucester Cranes to the Terminal. If PRPA thereafter fails to proceed with due diligence to initiate and complete the Third Crane Rail, then XXXX may install the Third Crane Rail and recover its cost in connection therewith by credits against payments of Base Compensation due hereunder, may seek specific performance of this Agreement, and/or may seek any damages to which it may be legally
