Continuity of Construction Sample Clauses

Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion is achieved.
AutoNDA by SimpleDocs
Continuity of Construction. Borrower shall prosecute with diligence and continuity the construction of the work and improvements and will not suspend or cease construction for a period longer than thirty (30) days. Borrower’s obligation under this provision shall be subject to exception due to events of Force Majeure Delay. "Force Majeure Delay" shall mean a delay in progress of construction due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, acts of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Borrower. Force Majeure Delay does not include the failure to order and obtain materials in a timely fashion for the continuous development of the Development and does not include financial difficulties of the Borrower.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion, as such term is defined in Section 2.10, is achieved, which shall not occur later than 18 months after the completion of the foundation for the Project. Any delay caused by acts of God, fire, accident, casualty, cessation of activity due to refusal to work by labor, or any other caused not attributable to the failure of Developer to use reasonable care and due diligence, however, shall be excused by Owner, provided that Developer shall use its best efforts to minimize any such delays and shall resume construction at the earliest possible time.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion (as such term is defined in Section 2.10) is achieved, which shall not occur later than sixteen (16) months after the date the Project Loan Documents are executed and delivered.
Continuity of Construction. All structures commenced in the Park shall be prosecuted diligently to completion and shall be completed within twelve (12) months of commencement unless exception is granted in writing by FIPCO.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and reasonably expeditious manner until Physical Completion, as such term is defined in Section 2.9, is achieved, which shall not occur later that eighteen (18) months after the commencement of the construction for the Facility. For purposes hereof the phrase "Commencement of Construction" shall be defined as the later of the date of the issuance of a building permit for the Facility or the date of the purchase of the Premises by the Purchaser. To the extent that such date is beyond the time period required by the DON, the Purchaser shall use its reasonable best efforts to obtain an extension of same, and Seller shall assist it in such efforts. Any delays caused by acts of God, or fire, accident, casualty, cessation of activity due to refusal to work by labor, but only, in the case of the foregoing, if not principally attributable to the Seller's negligence or willful misconduct, or any other cause not attributable to the failure of the Seller to use reasonable care and due diligence, however, shall be excused by the Purchaser, provided that Seller shall use its reasonable best efforts to minimize any such delays and shall resume construction at the earliest possible time. In the event that the Seller does not Physically Complete the Facility within eighteen (18) months from the Commencement of Construction and such delay is not attributable to a force majeure as set forth above, the Seller shall pay to the Purchaser liquidated damages of $3200 per day for each day of such delay.
Continuity of Construction. Construction, once undertaken, shall proceed in a continuous and expeditious manner until Physical Completion, as such term is defined in Section 2.9, is achieved. Physical Completion shall take place no later than fourteen (14) months from the Start Date (the "Completion Date"). Any delays caused by acts of God, fire, accident, casualty, labor strikes or job actions, or any other cause not attributable to the failure of the Contractor to use reasonable care and due diligence ("Force Majeure"), however, shall be excused by the Owner, provided that Contractor shall use its best efforts to minimize any such delays and shall resume construction at the earliest possible time. Notwithstanding the foregoing, in the event of any delay caused by a Force Majeure which extends the date of Physical Completion beyond the Completion Date, the Contractor shall be obligated to pay to the Lender any additional interest, attorneys, inspection and consulting fees and all other expenses under the Lender Loan payable as a direct and proximate result of any such delay (the "Lender Direct Costs") beyond the Completion Date which shall be the Owner's sole and exclusive remedy as a result of such delay. In the event that any delay as a result of a Force Majeure extends the date of Physical Completion beyond the Completion Date by a period of twelve (12 months or more, the Owner shall within three (3) days after receipt of notice from the Contractor, deliver to the Contractor a completed and signed application to transfer the ownership of the DON to the Contractor or its designee. In such event, the Owner agrees to use its reasonable best efforts to obtain DPH approval for such transfer which shall include, without limitation, timely and accurate responses to questions or requests for information from DPH whether such questions or requests shall be written or oral, the timely completion and submission of any applications requested by DPH and attendance at any hearings held by DPH at which the Owner's attendance is requested, mandated or otherwise necessary. Upon the approval by DPH of a transfer of the DON back to the Contractor or its designee, the Owner shall within thirty (30) days of the date of Owner's receipt of the Contractor's notice thereof, reconvey all right, title and interest in and to the Premises and the Facility and all rights related thereto and the Contractor shall assume all of the obligations of the Owner under the Lender Loan, subject to the consent of Lender,...
AutoNDA by SimpleDocs
Continuity of Construction. (a) Works on the Allotment, once commenced, shall not be left incomplete or without substantial work being carried out for a period longer than one (1) month.
Continuity of Construction. ​ The construction of every dwelling on a Lot shall be completed within 12 months after the commencement of such construction. No improvement that has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such condition for more than three months from the time of such destruction or damage.

Related to Continuity of Construction

  • 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.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Principles of Construction All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

  • Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Governing 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 laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Manner of Construction All Alterations performed by or on behalf of Tenant shall be performed: (a) at Tenant’s sole cost and expense, which shall include, without limitation, payment to Landlord (to the extent required to be paid by Landlord to Master Landlord under Section 8.2 of the Master Lease) of Master Landlord’s reasonable out-of-pocket costs incurred by Master Landlord to review Tenant’s plans and specifications for the Alterations; (b) in a diligent and good and workmanlike manner; (c) in compliance with all Applicable Laws and in substantial conformance with the plans and specifications therefor submitted by Tenant to Landlord and Master Landlord (and approved by Landlord and Master Landlord, to the extent such approval was required); (d) by contractors and subcontractors selected by Tenant and reasonably approved by Landlord and Master Landlord (and Landlord shall cause Master Landlord to not unreasonably withhold consent) (except that pursuant to the Master Lease, Master Landlord may reasonably designate the contractors and subcontractors to perform all B/S Alterations provided such contractors and subcontractors are unrelated to Master Meet Me Room Sublease Landlord or Landlord and agree to perform such work at competitive prices and are reasonably available); (e) in conformance with Master Landlord’s reasonable, non-discriminatory construction rules and regulations (which Landlord shall make available or cause Master Landlord to make available to Tenant upon request); and (f) in such manner so as not to unreasonably obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to unreasonably interfere with Master Landlord’s normal and customary business operations at the Building or Project or other tenants’ or occupants’ use or enjoyment of their premises for reasonable and customary uses. In addition, prior to the commencement of such Alterations, Tenant shall provide Landlord and Master Landlord with evidence that Tenant or its contractor carries “Builder’s All Risk” insurance in an amount reasonably approved by Landlord (provided Landlord shall not withhold approval unless Master Landlord reasonably withholds approval to the extent allowed under the Master Lease) (not to exceed the amount of coverage typically required by landlords of Comparable Buildings) covering the construction of such Alterations, and such other insurance as Master Landlord under the Master Lease may reasonably require. Tenant shall, within twenty (20) days after demand, remove or bond against any liens imposed against the Building or Project as a result of the performance by Tenant of any Alterations and/or installation by Tenant of any furniture, fixtures or equipment in or at the Premises, Building or Project, and shall indemnify, defend and hold Landlord and Master Landlord harmless from and against all Claims in connection with any such liens.

  • General Rules of Construction Except as expressly stated otherwise, all references to “Paragraph(s)” or “Section(s)” in this Contract are references to Paragraphs and Sections of this Contract or the Exhibits attached to this Contract; and all references to Exhibit(s) are references to the Exhibits attached hereto. The table of contents and headings used in this Contract are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of this Contract or the scope or intent of its provisions, are not a part of this Contract, and will not enter into the interpretation of this Contract. All references to “days” in this Contract mean calendar days unless otherwise stated. The term “business day” means Monday through Friday, excluding holidays observed by the School District.

Time is Money Join Law Insider Premium to draft better contracts faster.