Commencement and Completion. 3.1 The Owner agrees to commence the Restoration Works, Landscaping Works, and Servicing Works forthwith upon adoption of City of Kelowna Heritage Revitalization Agreement Authorization Bylaw No. and to complete the Works no later than August 1, 2006.
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. 7.1 Possession of the property shall be given to the contractor on a date not later than 2 (two) years after the date of transfer of the property into the name of the employer who shall thereupon within a reasonable time begin the Works and regularly proceed with and complete the same within 290 (TWO HUNDRED AND NINETY) days following the date given above, subject to anything to the contrary herein contained and subject furthermore to any extension of time granted by the Employer. In the event of the building operations coinciding with the Builder’s holiday period in any year, then the intended period of completion within the time limit as aforesaid shall be extended by an additional 30 (THIRTY) days.
7.2 The contractor shall be entitled to receive possession of the property when he is due to commence with the works and to retain possession of the works until all agreed amounts due and payable to him under this agreement have been paid in full and all obligations of the employer in terms of this agreement have been fulfilled.
7.3 Clauses 7.1 and 7.2 are subject to the proviso that the Contractor shall not be obliged to begin the Works until:
7.3.1 Transfer of the property into the name of the Employer has occurred;
7.3.2 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) have been obtained by the Contractor;
7.3.3 the mortgage bond, where applicable, has been granted and registered.
7.3.4 all servitudes, if any, have been registered.
7.3.5 all preconditions in terms of the agreement for the sale of the property concluded between the Developer and the Employer, concluded simultaneously herewith have been met and fulfilled.
7.4 The Employer undertakes to employ only the Contractor to erect and complete the buildings, and undertakes not to employ any other Contractor or Sub-contractor to complete the buildings without the prior written consent of the Contractor excluding however such portions of the building works as the parties may agree upon in writing.
7.5 The drawings and finishing schedules in respect of the buildings have been drawn by the Contractor’s Architect and have been submitted to the Employer who warrants that he is satisfied therewith. These drawings and finishing schedules shall be regarded as any integral part of this agreement and deemed to the incorporated herein by reference.
7.6 If necessary all drawings relating to the buildings will be s...
Commencement and Completion. Borrower shall cause construction of the Improvements to be prosecuted and completed in good faith, with due diligence, and without delay, subject to any Force Majeure Events; provided, however, that in all events all Improvements shall be constructed and completed prior to the applicable Lot Advance Maturity Date or applicable Home Advance Maturity Date for the subject Lot or Home for which said Improvements are being constructed. Upon demand by Lender, Borrower shall correct any defect in the Improvements or any material departure from any applicable Requirements or, to the extent not theretofore approved in writing by Lender, the applicable plans and specifications. Borrower understands and agrees that the inspection of the Improvements on behalf of Lender, the review by Lender or others acting on behalf of Lender of Draw Requests and related documents and information, the making of Advances by Lender, and any other actions by Lender will be for the sole benefit of Lender and will not be a waiver of the right to require compliance with this Section 6.9. In the event that construction of any Improvements for any Qualified Project is abandoned or halted prior to completion for any period of fifteen (15) consecutive days for any cause not a Force Majeure Event (or for any period up to, in the aggregate, ninety (90) consecutive days as a result of one or more Force Majeure Events) or otherwise beyond the reasonable control of Borrower, Contractor or any subcontractor, or not completed by the applicable maturity date, then said Qualified Project shall cease to be part of the Borrowing Base until a cure thereof shall have occurred.
Commencement and Completion. 5.1 The Subcontractor shall commence the Subcontract Works on the date notified by the Contractor in accordance with the requirements stated in the Sub Contract Order and thereafter shall proceed regularly and diligently to carry out and complete the same within the Period for carrying out the Subcontract Works as stated in the Sub Contract Order and in accordance with such programme as may be agreed with the Contractor.
5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong to the Contractor. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme.
5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses.
5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements.
5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable.
5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the C...
Commencement and Completion. The services performed under this Task Order shall be completed by [ _ ], 20[ ].
Commencement and Completion. Borrower shall commence construction of the Improvements without delay after recordation of the Deed of Trust and shall complete construction of the Improvements on or before the Completion Date.
Commencement and Completion. Borrower will cause the construction of the Improvements to commence by the Commencement Date and to be prosecuted with diligence and continuity and will complete the same in all material respects in accordance with the Plans and Specifications for the Improvements on or before the Completion Date and within the Budget (subject to any increases in the Budget funded by additional equity contributed by Borrower or Guarantor), free and clear of liens or claims for liens for material supplied and for labor services performed in connection with the construction of the Improvements.
Commencement and Completion. The Contractor shall commence the Work upon receipt of the written Notice to Proceed, as defined in Section 01100 of the Specifications, from the Owner and shall achieve substantial completion of the Work, as defined in Section 01100 of the Specifications. The Contractor warrants that it will deliver the Project to the Owner free from any and all mechanics’ liens or other encumbrances. Contractor further agrees to promptly (which is defined for purposes of this paragraph as no more than three (3) days from receipt of any lien or other notice) notify the Owner of the existence of any and all mechanics’ liens filed by any subcontractors, materialmen, suppliers or sub- subcontractors. If any mechanics’ liens are filed, Contractor shall, at its expense, bond off any such mechanics’ liens within three (3) days from receipt of a written request of Owner to do so. Time is of the essence, and the substantial completion date may be altered only as provided in this Contract. Substantial completion shall occur when the Work is sufficiently complete in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for its intended use, and when only minor punch list work remains to be done and a certificate of occupancy has been issued. The Owner will, upon written request of the Contractor, issue a certificate establishing the substantial completion date at any time after substantial completion has occurred.
Commencement and Completion. 3.1. Subject to clause 7.3, the Contract shall commence and complete on the date stated on the face of the Purchase Order Confirmation. If no date has been stated, the Contractor shall supply the Goods and complete the Services within a reasonable period of time.
3.2. The Client agrees that time is not of the essence and the Contractor's liability for failing to supply the Goods and / or complete the Services by the completion date shall be limited to the liquidated and ascertained sum of £0.01 per complete week of delay.
