Trespass During Construction Sample Clauses

Trespass During Construction. Prior to delivery of possession of the Apartment, the Buyer shall not trespass upon the Project site during the period of time when the Project is under construction. The Buyer hereby acknowledges that his execution of this Agreement and his acceptance of an apartment deed constitutes his agreement to remain outside of any fenced or posted construction areas, and any other areas in which ongoing work is being performed pending completion, and the Buyer agrees to exert diligent efforts to prohibit entry into such area by his employees, tenants and invitees. The Buyer also agrees to indemnify, defend and save harmless the Seller, other apartment owners and the contractors and agents of any of them from and against any and all loss or liability on account of any such entry. Violation of this provision shall constitute a default and, in addition to the Seller's other remedies, the Buyer understands that the Seller shall have the right to remove him from the Project by any lawful means.
Sample 1
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Trespass During Construction. Prior to delivery of possession of the Property to Purchaser, Purchaser shall not trespass upon the Property or the Project site. Purchaser hereby acknowledges that execution of this Agreement constitutes Purchaser’s agreement to remain outside of any fenced or posted construction areas, and any other areas in which ongoing work is being performed pending completion, and Purchaser agrees to exert diligent effort to prohibit entry into such area by members of Purchaser’s household, and by Purchaser’s tenants, lessees and invitees. Any entry onto the Property or the Project site pending completion shall be at the risk of the Purchaser. Purchaser hereby agrees to defend, indemnify and hold harmless Seller, other owners in the Project and the employees, agents, contractors, successors and assigns, of any of them, from and against any and all actions, liabilities, loss, damage, costs and expenses, including attorneys’ fees and costs, incurred by Seller in connection with any such entry. Violation of this Section 16.9 shall constitute a default by Purchaser under this Agreement.
Sample 1
Trespass During Construction. Purchaser acknowledges that, as of the effective date and as of the Closing Date, certain Subdivision Improvements and Lot Improvements, including, without limitation, landscaping, irrigation water lines, and entry features, gates, central mailbox, turnaround and parking areas, walls and other improvements serving the Subdivision may not be complete. Purchaser acknowledges and recognizes that inasmuch as Purchaser may be purchasing the Lot prior to completion of certain Subdivision Improvements and Lot Improvements, Purchaser may not be able to build upon or otherwise utilize Purchaser's Lot and there may be certain inconveniences until construction is completed in the development, and Purchaser waives all claims with respect thereto. Accordingly, prior to the completion of the Subdivision Improvements and Lot Improvements, Purchaser shall not trespass upon the Subdivision site, including the Lot, during the period of time when the Subdivision is being developed. Purchaser hereby acknowledges that Purchaser's execution of this Agreement and/or Purchaser's acceptance of a deed constitutes Purchaser's agreement to remain outside of any fenced or posted construction areas, including the Lot, and any other areas in which ongoing work is being performed pending completion of the Subdivision, and Purchaser agrees to exert diligent efforts to prohibit entry into such area by Purchaser's family members, guests, employees, contractors, agents and invitees. Purchaser agrees that if Purchaser, its family members, guests, employees, contractors, agents and/or invitees enter onto any area of construction, they do so at their own risk, and Seller and its contractors, agents or employees shall not be liable for any damage, loss or injury to such persons. Purchaser agrees to indemnify, defend and hold harmless Seller (and its affiliates), other lot owners and the contractors, agents and employees of any of them, from and against any and all claims, losses, damages, causes of action, demands, proceedings and expenses (including, without limitation, attorneys' fees and court costs) arising out of or directly or indirectly related to, the presence of Purchaser, its family members, guests, employees, contractors, agents and/or invitees within the Subdivision. Purchaser further agrees that the fact that the Subdivision Improvements and Lot Improvements are not completed shall not affect Purchaser's obligations hereunder to close this sale on the scheduled Closing Date, and tha...
Sample 1

Related to Trespass During Construction

  • Delays during construction Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably determined that the rate of progress of Works is such that Completion of the Project Highway is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a communication inform the Authority’s Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.

  • Maintenance during Construction Period (i) During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition on Appointed Date, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Authority’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project Highway. It is further agreed that in the event the Project includes construction of a bypass or tunnel and realignment of the existing carriageway, the Contractor shall maintain the existing highway in such sections until the new Works are open to traffic. (ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of default by the Contractor in discharging the obligations specified in Clause 10.4 (i) above, the Authority shall get these maintenance works completed in the manner recommended by the Authority’s Engineer to avoid public inconvenience at the risk and cost of the Contractor in order to keep the road in traffic worthy condition.

  • During Construction Upon request of the Owner the Contractor shall submit written proposals for unit prices to be applied in the event Change Order Work is authorized by the Owner to be performed under Case (b).

  • 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.

  • 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.

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • 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.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

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