WORKS AND COMPLETION Sample Clauses

WORKS AND COMPLETION. 5.1 The OWNER acknowledges that he has inspected the building plan and the specifications attached hereto (which shall both form part of this agreement), for the type of house and outbuildings, (if any), to be constructed as the Works. 5.2 Notwithstanding the meaning of “building plan” or “specifications” as defined in the relevant sub-clauses to clause 1, the parties specifically agree that the CONTRACTOR shall be entitled to adapt or amend the building plan and/or the specifications in any way which the CONTRACTOR considers necessary in its sole and absolute discretion: 5.2.1 to meet any or all the requirements of any competent authority; 5.2.2 to meet any special features of the property not taken into account by the Architect; 5.2.3 to meet any special impediments such as water, sewer or electrical lines either above or underground, or any rock, geological or other soil condition which were not known or apparent at the design stage of the Works; 5.2.4 to give effect to any changes in materials, finishes or fittings which may not be readily available at the time due to a shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the Works; 5.3 Any such adaptation in terms of the above clause 5.2 shall be deemed to be the building plan and/or specifications agreed upon between the parties it being specifically agreed that under no circumstances will any alterations or additions be accepted by the CONTRACTOR at the insistence or request of the OWNER once the bond application has been approved, except when a written Variation Order which includes prices have been agreed to and signed by the parties. 5.4 The OWNER hereby irrevocably appoints the CONTRACTOR as his agent to apply for and obtain such approvals, consents or authorisations as may be required for approval of the building plan. 5.5 The CONTRACTOR shall begin the Works within a reasonable time after the signing of this agreement, having regard to its other building commitments, provided that it shall not be obliged to begin the Works unless and until receipt of : 5.5.1 proof to the satisfaction of the CONTRACTOR that an adequate building loan has been raised and the bond referred to in clause 7 registered or, in the instance of a shortfall or a cash transaction, that the OWNER is financially able to meet his commitments in terms of this contract and has made arrangements acceptable to the CONTRACTOR for payment of the contract price; and 5.5.2 all the...
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
WORKS AND COMPLETION. 5.1 The Owner acknowledges that he has inspected the building plan and the specification attached hereto (which shall both form part of this agreement) for the type of house and outbuildings (if any) to be constructed the Works. Save for the provisions of clause 5.2 below, the Owner, because of this, acknowledges and agrees that once these building plan and specification have been finalised between the Owner and the Building Contractor, no further amendments of whatsoever nature may be made to the building plan and specification unless mutually agreed by the Building Contractor and the Owner. 5.2 Notwithstanding the meaning of "building plan" or "specification" as defined in clause 1, the parties expressly agree that the Building Contractor shall be entitled to adapt or amend the building plan and the specification which the Building Contractor considers necessary. Where necessary, this will be done in consultation with the Architect and Owner: 5.2.1 to meet any or all the requirements of any competent authority. 5.2.2 to meet any special features of the land not considered by the architect. 5.2.3 to meet any unique impediments such as water, sewer, or electrical lines either above or underground, or any rock, geological or other soil condition which were not known or apparent at the design stage of the Works. 5.2.4 to give effect to any changes in materials, finishes or fittings which may not be readily available at the time due to a shortage in supply of such materials, finishes or fittings, without however detracting from the quality and aesthetics of the Works. 5.3 As a result of this, the Owner irrevocably appoints the Building Contractor or its nominee as his agent to apply for and obtain such approvals, consents, or authorisations as may be required for the building plan's approval. 5.3.1 the Owner has furnished acceptable proof to the satisfaction of the Building Contractor that an adequate building loan has been raised and the bond referred to in clause 7 registered or, in the instance of a cash transaction, that the Owner is financially able to meet his commitments in terms of this contract and has planned acceptable to the Building Contractor for payment of the contract price; and 5.3.2 all the required consents, approvals or authorisations have been obtained. 5.3.3 The final sketch plan, building plan, specifications and associated cost variations have been approved. 5.4 Subject to any reasonable extension/s permitted, the Building Contractor s...
Sample 1

Related to WORKS AND COMPLETION

  • PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are material terms and time is the essence of the Contract. A failure by Contractor to do what is required by the time specified in the Contract Documents is a breach of the contract. 8.2.2 The Contractor shall begin the Work on the date of commencement as defined in 8.2.3 If in the sole opinion of the State, the Contractor fails to commence work on the project or to complete the work of said project within the time specified above, or to prosecute the work in such a manner that it appears that the completion date can be assured, the State shall have the right to notify the Contractor by Certified Mail that the terms of the Contract have been violated, and that effective immediately the Contract is terminated and the State has the right to and in fact is taking over and attending to completion of the project without prejudice to the State's remedies for any losses sustained

  • Commencement and Completion The Work shall commence on _______________, 20__ and shall be complete in accordance with this Agreement without delay on ______________, 20__. The term “day”, used throughout this Agreement, refers to calendar days. Contractor shall not be entitled to any additional compensation for any Permitted Delays. If this Agreement is not signed and returned to the Owner before any work commences, this Agreement will be considered as accepted as presented to the Contractor.

  • COMMENCEMENT AND COMPLETION OF THE PROJECT Section 3.01 The Project (a) The Company intends and expects, together with any Sponsor Affiliate, to (i) construct and acquire the Project, and (ii) meet the Contract Minimum Investment Requirement within the Investment Period. The Company anticipates that the first Phase of the Project will be placed in service during the calendar year ending December 31, 2020. (b) Pursuant to the FILOT Act and subject to Section 4.03 hereof, the Company and the County hereby agree that the Company and any Sponsor Affiliates shall identify annually those assets which are eligible for FILOT payments under the FILOT Act and which the Company or any Sponsor Affiliate selects for such treatment by listing such assets in its annual PT-300S form (or comparable form) to be filed with the Department (as such may be amended from time to time) and that by listing such assets, such assets shall automatically become Economic Development Property and therefore be exempt from all ad valorem taxation during the Exemption Period. Anything contained in this Fee Agreement to the contrary notwithstanding, the Company and any Sponsor Affiliates shall not be obligated to complete the acquisition of the Project. However, if the Company, together with any Sponsor Affiliates, does not meet the Contract Minimum Investment Requirement within the Investment Period, the provisions of Section 4.03 hereof shall control. (c) The Company may add to the Land such real property, located in the same taxing District in the County as the original Land, as the Company, in its discretion, deems useful or desirable. In such event, the Company, at its expense, shall deliver an appropriately revised Exhibit A to this Fee Agreement, in form reasonably acceptable to the County.

  • Project Completion The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch List” corrections and schedule a final project completion job walk. The County will sign the “Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request:

  • Construction Completion The related Construction shall have been completed substantially in accordance with the related Plans and Specifications, the related Deed and all Applicable Laws, and such Leased Property shall be ready for occupancy and operation. All fixtures, equipment and other property contemplated under the Plans and Specifications to be incorporated into or installed in such Leased Property shall have been substantially incorporated or installed, free and clear of all Liens except for Permitted Liens.

  • TIME OF COMMENCEMENT AND COMPLETION 2.1 The Contractor shall commence the Work upon the date established in the Notice to Proceed. 2.2 The Contractor shall achieve Final Completion, as defined in Section 105.01, Contract Time, Notice of Contract Execution and Notice to Proceed of the Loudoun County Revisions to the 0000 XXXX Xxxx & Bridge Specifications, Division I - General Provisions, within one hundred and eighty (180) calendar days from the date specified in the Notice to Proceed. This time period shall be designated the Contract Time. The Notice to proceed will be issued approximately than thirty (30) days after the execution of this agreement. The Contractor agrees that the time for completion of the Work as described in the Contract Documents shall govern unless specifically amended in writing by the County, and that no claims for early completion are allowed to be presented by the Contractor to the County. 2.3 The County specifies that time is of the essence under this Contract. Time being of the essence, it is essential to the County that Contract work will be completed within the Contract Time. The County and the Contractor agree that damages for failure to complete the work within the Contract Time are not susceptible to exact determination but that $600 per day is in proportion to the actual loss that the County would suffer from such delay. Therefore, the Contractor will pay the County on demand $600 per day for each and every day beyond the one hundred and eighty (180) calendar days, or modified date of completion, that the County determines that work is not complete, as damages caused by such delay and not as a penalty. The County shall be entitled to offset liquidated damages against any sum owed by the County to the Contractor under this Contract. 2.4 The amount of liquidated damages set forth in Articles 2.3 above shall be assessed cumulatively. This provision for liquidated damages does not bar County's right to enforce other rights and remedies against Contractor, which are otherwise legally enforceable, including but not limited to, specific performance or injunctive relief. 2.5 The Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

  • Schedule and Completion The Pre-commencement Phase Services to be performed under this Contract shall commence upon the Effective Date of the Contract and be completed within 60 days thereafter. Activities on the Site shall commence on the date specified in the Proceed Order and shall be materially complete in accordance with established Milestones, and not later than the Material Completion and Occupancy Date.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Commencement and Completion of Work The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

  • At Completion all (but not some only, unless the Subscriber so agrees) of the following business shall be transacted: (a) the Issuer shall issue the Subscription Shares to the Subscriber (or its nominee) free and clear of all Encumbrances and credited as fully paid on terms that they rank pari passu in all respects with the existing issued Shares (including the right to rank in full for all distributions declared, paid or made by the Issuer after the Completion Date) and shall promptly thereafter register (or procure the share registrar to register) the Subscriber as a registered shareholder of the Issuer in respect of the Subscription Shares in the branch register of members of the Issuer maintained by Computershare; (b) the Issuer shall deliver to the Subscriber, each in form and substance to the reasonable satisfaction of the Subscriber: (i) a certified true copy of the Board resolutions approving and/or ratifying the matters below: (A) approving the terms of, and the transactions contemplated by, this Agreement and resolving that the Issuer executes this Agreement; (B) authorising a specified person or persons to execute this Agreement on the Issuer’s behalf; (C) authorising a specified person or persons, on behalf of the Issuer, to sign, execute and/or despatch all documents and notices to be signed, executed and/or despatched by it under or in connection with this Agreement; and (D) a specimen of the signature of each person authorised by the resolution referred to in Clause 4.3(b)(i)(B) above; (ii) the original definitive share certificates in respect of the Subscription Shares in the name of the Subscriber (or its nominee); (iii) a certified true copy of the confirmation letter issued by Computershare confirming that the Subscriber (or its nominee) is the registered holder of the Subscription Shares; (iv) a copy of the approval from the HKSE for the listing of, and permission to deal in, all the Subscription Shares; and (v) a closing certificate, dated as at the Completion Date and addressed to the Subscriber from the Issuer, executed by a Director (or another duly authorised signatory) and substantially in the form set out in Schedule 2, and attaching thereto as exhibits all supporting documents, showing such fulfilment.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!