Construction Delay definition

Construction Delay means delays in construction of the Leasehold Improvements attributable to (i) strikes, lockouts, labor troubles, inability to procure materials, power failure, restrictive governmental laws or regulations, civil disturbances, war, acts of terrorism, failure to secure permits within the normal time frames, lightening, earthquake, fire, storm, hurricane, tornado, flood, explosion and any other similar cause beyond the reasonable control of Lessee, or (ii) material interference by Lessor; provided, however, as a condition to claiming the benefit of any extension of the Outside Request Date due to such Construction Delay, Lessee shall provide Lessor with written notice of such Construction Delay, within thirty (30) days of Lessee’s knowledge thereof and the nature of its impact upon Lessee’s completion of the Leasehold Improvements and Lessee shall thereafter keep Lessor regularly informed of the status of such Construction Delay and its impact upon the completion of the Leasehold Improvements.
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Construction Delay means any delay caused by an act or omission of either party, any tenant, or their respective employees, agents, contractors or subcontractors in connection with the design and construction of the Mall Improvements that is deemed a Construction Delay under this Agreement.
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Construction Delay has the meaning set forth in Paragraph 25.3.2 below.
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Examples of Construction Delay in a sentence

  • Within five (5) Business Days following any draw by Buyer on the Development Security, including for payment of Construction Delay Damages or COD Delay Damages, Seller shall replenish the amount drawn such that the Development Security is restored to the amount specified on the Cover Sheet.

  • Seller shall include a request for refund of the Construction Delay Damages with the first invoice to Buyer after Commercial Operation.

  • If Seller achieves Commercial Operation for the Facility to occur by the Guaranteed Commercial Operation Date, all Construction Delay Damages paid by Seller shall be refunded to Seller.

  • Investigating Causes of Construction Delay in Ethiopian Construction Industries.

  • Major Construction Delay Factors in Portugal, the UK, and the US.

  • This fee will entitle Xxxxx to Construction Delay Protection for each Transponder as set out in Article 9, and Launch Protection, as set out in Article 10, in the event of construction delay or launch vehicle delay or Launch Failure.

  • Title and SubtitleFactors Affecting Development Decisions and Construction Delay of Housing in Transit-Accessible and Jobs-Rich Areas in California5.

  • In addition, a prepaid Construction Delay Protection and Launch Protection fee will be required.

  • Upon approval of a Change Order that results in a Construction Delay then, at the election of Landlord, the applicable time tables, deadlines, and critical milestones provided in the Work Schedule relating to the Improvements will be extended or advanced by the appropriate number of days and the Work Schedule shall be deemed modified in accordance therewith.

  • In the event of a Construction Delay, the date for performance of the services will be extended by the time necessitated by the delay.


More Definitions of Construction Delay

Construction Delay means any of the following:
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Construction Delay means the Construction Work is the discontinued due to acts or matters within Property Owner’s control for a period of fifteen (15) or more consecutive days.
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Construction Delay shall have the meaning set forth on Schedule 1-1 attached hereto. Contiguous Remainder Space – “Contiguous Remainder Space” shall have the meaning set forth on Schedule 1-4 attached hereto. Delivery Date – “Delivery Date” shall mean the date that Landlord’s Work is substantially completed. Delay Inception Date – “Delay Inception Date” shall mean, in each applicable instance in this Lease where such term is expressly provided, the date on which an actual delay in Tenant’s performance of Tenant’s Initial Improvements or Tenant’s occupancy of the Demised Premises for the ordinary conduct of Tenant’s business occurs solely as a result of the situation (i.e., failure by Landlord to perform or a Construction Delay) set forth in the applicable instance; provided, however, that no such delay shall be deemed to have occurred prior to the date that is the earlier to occur of the date on which (x) Tenant delivers a notice to Landlord stating that Tenant’s performance of Tenant’s Initial Improvements or Tenant’s occupancy of the Demised Premises for the ordinary conduct of Tenant’s business is actually so delayed, which notice may be sent via e-mail to XXxxxxxx@xxxxxxxxxxx.xxx and XXxXxxxx@xxxxxxxxxxx.xxx, or any other e-mail address provided by Landlord to Tenant from time to time (the “Delay Inception Notice”), and (y) Landlord obtains actual knowledge of the delay; provided that with respect to clause (y) above, in no event shall such date be more than five (5) Business Days prior to Landlord’s receipt of the Delay Inception Notice. Demised Premises – “Demised Premises” shall mean, collectively, the entire rentable area of the FTI Units, as shown on the shaded portion of the plan annexed hereto as Exhibit “A” and made a part hereof. Designated Broker – “Designated Broker” shall collectively mean Colliers International NY LLC and JLL, Inc. Disabilities Act – “Disabilities Act” shall mean, collectively, The Americans with Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. § 12101 et seq. and Local Law 58 of 1988, each as modified and supplemented from time to time, together with all regulations promulgated in connection therewith. Existing Lender – “Existing Lender” shall mean Xxxxx Fargo Bank, National Association. Expansion Notice Date – “Expansion Notice Date” shall have the meaning set forth on Schedule 1-5 attached hereto. Expiration Date – “Expiration Date” shall mean the date set forth in Subsection 2.01B below, as same may be extended pursuant to the ter...
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Construction Delay means delays incurred by reason of Tenant's failure to deliver the Operation Plan by August 1, 1999, Tenant's failure to approve the Plans and Specifications as set forth in Section 17(a) or changes requested by Tenant in the Plans and Specifications after Tenant's approval thereof, and for such additional time as is equal to the time lost by Landlord or Landlord's contractors or suppliers in connection with the performance of Landlord's work and/or the construction of the Demised Premises and related improvements due to industry-wide strikes or other labor troubles that are not specific to Landlord or the Demised Premises, governmental restrictions and limitations not known to Landlord (or reasonably capable of being known to Landlord) as of the Lease Date, war or other national emergency, non-availability of materials or supplies, delay in transportation, accidents, floods, fire, damage or other casualties, weather or other conditions, acts or omissions of Tenant, or delays by utility companies in bringing utility lines to the Demised Premises to the extent not resulting from Landlord's failure to order or apply for the same in a timely manner. For purposes of this Lease, the term "substantial completion" or any grammatical variation thereof shall mean sufficient completion of construction of the Demised Premises in accordance with the Plans and Specifications (including the Performance Specifications) so that Tenant can lawfully occupy the Demised Premises for the uses permitted herein, subject only to minor punchlist items, the completion of which will not interfere with such permitted uses by Tenant, as evidenced by the delivery by Landlord to Tenant of (i) a Certificate of Occupancy or its equivalent (or Temporary Certificate of Occupancy or its equivalent) for the Demised Premises issued by the appropriate governmental authority if so required by applicable law, and (ii) a Certificate of Substantial Completion on standard AIA Form G-704 certified by Landlord's architect, working in good faith together with such duly licensed Tennessee architect, if any, as may be selected by Tenant as Tenant's architect by written notice to Landlord given, if at all, within thirty (30) days of the Lease Date.
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Construction Delay means a material delay in the construction of the New Improvements for the Project that affects the Construction Timetable and is the result of (i) force majeure as described in Section 14.6, or (ii) the inability of the Company, through no fault of its own, to obtain the necessary permits and approvals of the City of Austin, or other governmental entity, in a timely manner.
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Related to Construction Delay

  • Construction Work means any work in connection with⎯

  • Construction project means the same as that term is defined in Section 38-1a-102.

  • Construction Period means the period commencing from the Appointed Date and ending on the date of the Completion Certificate;

  • Construction activity means any clearing, grading or excavation associated with large construction activity or associated with small construction activity.

  • Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of: (1) any unreasonable delay by Tenant in approving the Plans; (2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant; (4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or (5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.

  • Construction Budget means the fully-budgeted costs for the acquisition and construction of a given parcel of real property (including, without limitation, the cost of acquiring such parcel of real property, reserves for construction interest and operating deficits, tenant improvements, leasing commissions, and infrastructure costs) as reasonably determined by the Parent in good faith.

  • Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

  • construction site means a workplace where construction work is being performed;

  • Construction waste means solid waste which is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction wastes include, but are not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction wastes.

  • Construction Plant means appliances, machinery with necessary supply to up keep and maintenance of the works or temporary works but dose not include materials or other things intended to form part of the permanent work.

  • Construction Debt means debt incurred to fund (a) all or a portion of a Capital Improvement, (b) interest payments (including periodic net payments under related interest rate swap agreements) and related fees on other Construction Debt or (c) distributions (including incremental Incentive Distributions) on Construction Equity.

  • Construction Completion Date means the Completion Date of the Construction as specified in the Statutory Declaration of Completion for the Project;

  • Construction Phase means that Phase of the Project which shall commence after the Authority provides the Trade Contractor with written Notice to Proceed with the Construction Phase.

  • Construction Costs means land costs, all costs paid to construct and complete the Improvements, as specified on Exhibit "B" attached hereto and made a part hereof.

  • Construction Cost means and includes the cost of the entire construction of the Project, including all supervision, materials, supplies, labor, tools, equipment, transportation and/or other facilities furnished, used or consumed, without deduction on account of penalties, liquidated damages or other amounts withheld from payment to the contractor or contractors, but such cost shall not include the Consulting Engineer/Architect's fee, or other payments to the Consulting Engineer/Architect and shall not include cost of land or Rights-of-Way and Easement acquisition.

  • Landlord Delay means a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. If the actions or inactions or circumstances described in the Delay Notice constitute a Landlord Delay, and are not cured by Landlord within one (1) business day after Landlord’s receipt of the Delay Notice, then a Landlord Delay shall be deemed to have occurred commencing as of the expiration of such one (l)-business day period. The Lease Commencement Date and the Lease Expiration Date will each be delayed on a day for day basis for each day of Force Majeure Construction Delay or Landlord Delay.

  • Direct Construction Cost means the sum of the amounts that the Construction Manager actually and necessarily incurs for General Conditions Costs, Cost of the Work and Construction Manager’s Contingency during the Construction Phase as allowed by this Agreement. Direct Construction Cost does not include Pre-Construction Phase Fees or Construction Phase Fees.

  • Construction Works means all works and things necessary to complete the Project in accordance with this Agreement;

  • Constructional Plant means all appliances or things whatever nature required in or about the execution, completion or maintenance of the works or temporary works (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work or temporary housing, hutting, office, stores, etc.,

  • Tenant Delays means (A) Tenant’s request for changes to Landlord’s Work, regardless of whether any such changes are performed, (B) construction of any such changes, (C) Tenant’s request for materials, finishes, or installations requiring unusually long lead times that were not originally included as a part of Landlord’s Work, (D) Tenant’s delay (which shall mean more than 5 business days) in reviewing, revising, or approving any plans and specifications relating to Landlord’s Work, (E) Tenant’s delay in providing information critical to the normal progression of the Project (Tenant shall provide such information as soon as reasonably possible, but in no event longer than 5 business days after receipt of any request for such information from Landlord), and (F) any other act or omission by Tenant or any Tenant Party (as defined herein), or persons employed by any of such persons, (iv) “Substantially Completed” means the substantial completion of Landlord’s Work (A) in a good and workmanlike manner, (B) in accordance with the requirements described in Exhibit C, and (C) in accordance with all applicable Legal Requirements (including, but not limited to, securing the applicable final building inspection for Landlord’s Work), subject only to normal “punch list” items, and (v) “Existing Tenant Delay” means the refusal or failure by the Existing Tenant (as defined below) to surrender the Premises by July 1, 2010 in accordance with the terms and conditions of the Existing Lease (as defined below). Landlord will promptly perform such punch list items. Tenant shall obtain, at its sole cost and expense, any applicable use and occupancy permit for the Premises issued by the applicable Governmental Authority. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. If neither Landlord nor Tenant elects to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Sequoia Pharmaceuticals, Inc. (“Existing Tenant”), is currently leasing the Premises from Landlord, and the lease agreement (“Existing Lease”) between Landlord and Existing Tenant is scheduled to expire on July 1, 2010 subject to Landlord’s right to advance the expiration date. Tenant understands, acknowledges, and agrees that Landlord makes no guaranty, representation, or assurance that Landlord will be able to recapture the Premises from the Existing Tenant by July 1, 2010 and that Landlord shall have no obligation or duty to seek the vacation or removal of the Existing Tenant from the Premises.

  • Construction Completion means physical construction of a cleanup action component is complete.

  • Base Building Work means the base building work for the Building as described in this Manual.

  • Building Work has the meaning given to it in section 6 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Construction and Demolition Debris means and includes:

  • Project Completion Date means the date on which the Completion Certificate is issued;