Performance of the Work. The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.
Performance of the Work. The Contractor shall carefully study the approved Construction Documents and shall plan its schedule of operations well ahead of time. If at any time it is discovered that work is being done which is not in accordance with the approved Construction Documents, the Contractor shall correct the Work immediately.
Performance of the Work a. Grantee shall complete the Project [make sure defined] and provide the deliverables (the “Deliverables”) described in the Scope of Work set forth in Attachment 1 (the “Scope of Work”).
b. Grantee is solely responsible for all Project decisions, the preparation of all plans and specifications, and completing the Project in accordance with the Scope of Work.
c. Grantee is solely responsible for selecting and entering into a written contract (or contracts) with contractors as necessary to provide the Deliverables and complete the Scope of Work, and for ensuring that the contractors Grantee retains comply with all applicable provisions of this Agreement. Grantee acknowledges that MassCEC shall have no responsibility for managing such contractors or the relationship between Grantee and its contractors. Further, Grantee shall indemnify and hold harmless MassCEC from any Damages (as defined in Section 14) associated with any disputes occurring between Grantee and its contractors arising from or in relation to the Project.
d. Grantee acknowledges that MassCEC will have no responsibility for management of the Project, including obtaining all local, state, and federal permits, as applicable.
e. Grantee shall be responsible for completing all required steps to receive funding from any other entity besides MassCEC, as applicable.
Performance of the Work. In addition to those matters elsewhere expressly made the responsibility of the CONTRACTOR, the CONTRACTOR shall have the full and direct responsibility for the performance and completion of the Work under this Contract and for any act or neglect of the CONTRACTOR, his agents, employees or subcontractors. He shall bear all losses, if any, resulting on account of the amount and character of the Work, or because the conditions under which the work must be done are different from what were estimated or anticipated by him, or because of weather, floods, elements or other causes.
Performance of the Work. 8.1 The Contractor undertakes to comply with its obligations concerning the health or safety of the employees in the performance of the work which are specific to the Principal. This also refers to all the provisions of the health, safety and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor shall comply with all the applicable statutory and administrative provisions, including with respect to technology, quality, health, safety and environment, and must possess the necessary internal permits of the Principal. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, the Principal shall have the right to take the necessary measures itself, at Contractor’s expense.
8.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors.
8.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors.
8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it.
8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense.
8.6 The Contractor may only erect its plant and equipment at the locations indic...
Performance of the Work. The Developer shall procure all necessary Approvals before undertaking any Work, and shall cause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.
Performance of the Work. A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall on Business Days during Business Hours require Tenant’s general contractor and all subcontractors to verify on site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or building manager, provided Landlord’s construction or project manager makes himself available for such a meeting on a timely basis which Landlord hereby agrees to cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures.
B. Tenant shall cause all Tenant Changes to be performed (i) in compliance with all Legal Requirements and Insurance Requirements and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time in accordance with and subject to the provisions of Article 26 hereof, the “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation of the Property and so as not to cause labor problems in the Building or the Unit, (iii) with diligence and continuity to completion, (iv) using new, first class materials, and (v) substantially in accordance with the Final Working Drawings submitted to and approved by Landlord as the same may be modified from time to time with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change or for any change order of less than $50,000 unless the same materially changes the scope of the Tenant Change or is of such a nature (regardless of cost) that it would independently be subject to Landlord’s consent). Landlord shall be under no obligation to coordinate the performance of any work to be performed as part of any Tenant Change or prepare the Demised Premises therefor and Landlord shall not have liability to Tenant with respect to the installation thereof. Subject to the Construction Rules and Regulations with respect to the manner of performance of such Tenant Changes, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that Tenant shall furnish Landlord with reasonable advance notice of the performance o...
Performance of the Work. 5.1 Developer shall commence the Work immediately following the satisfaction (or waiver in writing by all of the parties hereto) of the following conditions: (a) approval of the applicable Plans and Specifications by Governmental Authorities, the issuance of all required Development Approvals and the expiration of any and all appeal periods with respect thereto without the filing of any appeals, including, without limitation, issuance by the City of a building permit authorizing the construction of the Work, (b) the Developer has provided proof of Developer Equity, which Developer Equity is sufficient to fund the costs of the Work remaining to be funded under the Development Budget less the amount of the Construction Loan (c) the CRA and Developer have closed on the Construction Loan, (d) the Development Plan has been approved by the CRA (provided Developer has submitted such to the CRA as required by this Agreement), (e) a written amendment to this Agreement setting forth the Substantial Completion Date has been executed and delivered by the parties, (f) the Construction Contract consistent with the requirements of this Agreement and the Development Plan has been fully executed and (g) the Bonds are in place, and (h) the completion guarantee has been delivered to the CRA. In any case, the Work shall not commence unless and until a Notice to Proceed has been issued by the CRA to the Developer, which Notice to Proceed shall not be issued until receipt of all Development Approvals. The Developer and CRA agree to use their respective good faith and diligent efforts to satisfy the foregoing conditions for which each party is responsible and to otherwise cooperate with each other in this regard; provided, however, if any of the foregoing conditions are not satisfied within one hundred eighty (180) days from the date hereof, the parties shall continue to use their good faith and diligent efforts to satisfy such condition(s) for up to an additional ninety (90) days. If following such good faith and diligent efforts to satisfy such conditions the parties cannot do so by the expiration of the ninety (90) day extension period, unless the parties mutually waive in writing the conditions at issue, then either party may elect to terminate this Agreement upon written notice to the other party, in which case the Developer shall pay the Inspection Costs and the parties shall be relieved of all rights and obligations hereunder, except any rights or obligations that express...
Performance of the Work. (a) Within seven (7) calendar days after being awarded the Contract, the Contractor shall prepare and submit for the City's approval:
(1) A Construction Schedule for the Work, which shall indicate the target dates for starting and completing the various stages of the Work and which shall comply with the times set forth in Article III.
(2) Proof of compliance with all insurance requirements, acceptable to the City.
(3) All required bonds.
(4) Any missing bid documents.
(b) The Notice to Proceed shall be issued within fourteen (14) calendar days after the award of the contract or submittal to and approval by the City of the foregoing required documents, whichever is later. Undue delay in submitting such required documents shall be grounds for termination of the contract by the City upon three (3) days advance written notice.
(c) The Contractor shall be required to substantially finish portions of the Work, as designated by the Director of Public Works, prior to continuation of further work remaining on the project. This may include backfilling, restoration, or cleanup as designated by the Director of Public Works.
(d) Completion of the Work in accordance with the time limits set forth in the Construction Schedule is an essential condition of the Contract. If the Contractor fails to complete the Work in accordance with the Construction Schedule, unless the delay is excusable under the provisions of Article VI hereof, the Contractor shall pay the City as liquidated damages, and not as a penalty, the sum of: five hundred dollars ($500.00) for each calendar day the Contractor fails to comply with the Construction Schedule until the Director of Public Works determines that Substantial Completion of the Work has been achieved; and one hundred dollars ($100.00) for each working day after both the completion date specified in the Construction Schedule has expired and the date that Substantial Completion has been achieved, until final completion and acceptance of the Work. The total amount so payable to the City as liquidated damages may be deducted from any sums due or to become due to the Contractor from the City. Excessive delay, as determined by the Director of Public Works, may be grounds for termination of the City-Contractor Agreement, as discussed in Article VIII.
(e) After Commencement of the Work, and until final completion of the Work, the Contractor shall report to the City, at such intervals as the City may reasonably direct, the actual progress of t...
Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project.
(b) Subcontractor agrees (a) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Documents, (b) to furnish all materials within the time specified herein, with all necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder.
(c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contra...
