Governmental Delay has the meaning assigned to such term in Section 5.14(b).
Governmental Delay means any delay suffered by a Party in the performance of its obligations under this Agreement caused by the relevant agencies of the Government failing to grant timely approval of the environmental impact assessment or any other permits or approvals required in order for such Party to perform its obligations under this Agreement. Hydrocarbons has the same meaning set forth in Article 1.28 of the License.
Governmental Delay means any delay suffered by Syntroleum in the performance of its obligations under this Agreement caused by the relevant agencies of the Government failing to grant timely approval of the environmental impact assessment or any permits required in order for Syntroleum to perform its obligations under this Agreement.
Examples of Governmental Delay in a sentence
It is the Contractor’s responsibility to timely schedule and pay (if applicable) for Special Inspections as to not delay the Project, and any failure or resulting delay is not considered Governmental Delay Float under Article 9.2.1.
Specifically, major categories of Work under the DSA 152 (Project Inspection Card) should be allocated Governmental Delay Float at the Contractor’s discretion.
If the Contract Time is 182 days, then the Contract Time shall require six (6) days of Governmental Float) This Governmental Delay float must be incorporated into the schedule and should be incorporated in each critical activity as Contractor deems fit.
Governmental Delay Float on the Project may exceed 12 days per one (1) year period, but Contractor is required to include not be less than 12 days of Governmental Delay Float during each one (1) year period.
Further, Trade Contractor has included in the analysis of the time required for this Project, items set forth in General Conditions Section 8.3.2.12, Submittal Schedules, Rain Day Float, and Governmental Delay Float.
More Definitions of Governmental Delay
Governmental Delay is defined as a delay in the issuance of the required permits and approvals from governmental agencies required to commence and complete the Internal Stair Removal Work. Tenant hereby confirms and agrees that it made an application for the required permits and approvals for the Stair Removal Work to the New Jersey Meadowlands Commission on or about December 20, 2023 and shall diligently prosecute such application to completion (as that term is hereinafter defined). In addition, Tenant hereby confirms and agrees that it will make a complete application for all permits and approvals for the Internal Stair Removal Work with the Town of Secaucus, New Jersey on or before that day which is five (5) business days following approval of the Internal Stair Removal Work by the New Jersey Meadowlands Commission. In no event shall there be a Governmental Delay unless Tenant has (x) made an applications in the time frames set forth above; and (y) shall diligently prosecute such applications to completion. As used herein, the Tenant shall be deemed to have “diligently prosecuted the permits to completion” if Tenant shall have made such applications in the time frames set forth above and(provided, in a timely manner, such additional information as may have been requested by all such authorities having jurisdiction over the Internal Stair Removal Work. Tenant shall keep Landlord apprised of and provide period updates on the status of its permitting submissions and status. As used herein, the term a “Landlord Delay” is defined as an actual delay in the performance of the Internal Stair Removal Work caused by Landlord’s or its agent’s failure or refusal to provide access to Tenant and/or its contractors to the 5th Floor Premises and/or such areas as reasonably requested by Tenant to perform the Internal Stair Removal Work. Tenant shall provide Landlord notice of a Landlord Delay within one (1) business day of Tenant knowledge of the occurrence of same.
Governmental Delay means a delay in performance by the Developer directly caused 487 by either: (i) with respect to any matter that requires the approval of the Smithsonian specifically 488 under this Agreement, where the Developer has provided the Smithsonian sufficient information 489 to respond to such request for approval, the Smithsonian fails to specify in reasonable detail the 490 reason for the Smithsonian’s disapproval or rejection of such matter and the changes that would 491 be required for approval and (ii) with respect to any matter that requires the review or consent of 492 any Governmental Authority, where the Developer has provided such Governmental Authority 493 sufficient information to respond to such request for approval, delays caused by such 494 Governmental Authority not completing its review within the customary response period for the 495 matter in question, imposing conditions that are not customary for the matter in question or that 496 would constitute a material change to the Construction Works Plans or the Construction Schedule, 497 or acting outside of such Government Authority’s powers contained in Applicable Law; provided 498 that the Developer must provide notice to the Smithsonian of such Governmental Delay event 499 within seven (7) days of discovery of such Governmental Delay event, which notice shall include 500 the Developer’s estimate of the length of the delay that will be caused by such event and the actions 501 the Developer is taking to minimize such delay. 502
Governmental Delay means the failure of any Governmental Authority to timely perform a function that it is required to perform or customarily performs on a routine basis due to no fault or failure of the party claiming the Governmental Delay. The determination of whether a Governmental Authority has failed to timely perform a routinely-performed function as aforesaid, shall be determined by the Landlord in its sole but reasonable discretion, based on a comparison of the amount of time taken by the applicable Governmental Authority to actually perform the function at issue, with the average amount of time then being taken by such Governmental Authority to perform such routinely-performed function under substantially identical circumstances and conditions.
Governmental Delay means a delay in performance by Developer directly caused by one or more of the following:
Governmental Delay means any delay that is caused by the failure to obtain (i) approval of revisions to the existing grading permit necessary for the Land Sitework by December 22, 2009, or (ii) a building permit for the building described in the December Plans by January 8, 2010, in each case from the applicable governmental entity; provided, however, that in order for any such delay to be considered a Governmental Delay, (a) Landlord shall be required to give written notice to Tenant not later than January 4, 2010 (in the case of delay in obtaining the grading permit), or January 22, 2010 (in the case of delay in obtaining the building permit), and (b) Landlord must be pursuing the applicable permit with reasonable diligence, and using commercially reasonable efforts to cause such Governmental Delay to cease.
Governmental Delay means any delay that is caused by the failure to obtain (i) a grading permit for the Land Sitework by September 4, 2009, or (ii) a building permit for the Shell Building by September 18, 2009, in each case from the applicable governmental entity; provided, however, that in order for any such delay to be considered a Governmental Delay, (a) Landlord shall be required to give written notice to Tenant not later than September 18, 2009 (in the case of delay in obtaining the grading permit), or October 2, 2009 (in the case of delay in obtaining the building permit), and (b) Landlord must be pursuing the applicable permit with reasonable diligence, and using commercially reasonable efforts to cause such Governmental Delay to cease.
Governmental Delay means a delay in performance by the Developer directly caused 365 by either: (i) with respect to any matter that requires the approval of the City specifically under 366 this Agreement, where the Developer has provided the City sufficient information to respond to 367 such request for approval, the City fails to specify in reasonable detail the reason for the City’s 368 disapproval or rejection of such matter and the changes that would be required for approval, (ii) 369 with respect to any matter that requires the review or consent of any Governmental Authority, 370 where the Developer has provided such Governmental Authority sufficient information to 371 respond to such request for approval, delays caused by such Governmental Authority not 372 completing its review within the customary response period for the matter in question, imposing 373 conditions that are not customary for the matter in question or that would constitute a change to 374 the Construction Work Plans or the Construction Schedule, or acting outside of such 375 Government Authority’s powers contained in Applicable Law; provided that the Developer must 376 provide notice to the City of such Governmental Delay event within seven (7) days of discovery 377 of such Governmental Delay event, which notice shall include the Developer’s estimate of the 378 length of the delay that will be caused by such event and the actions the Developer is taking to 379 minimize such delay. 380 381 “Gross Revenues” means, for any calendar year or part thereof, the sum of: (a) the 382 aggregate gross revenues in respect of such calendar year or part thereof deriving from Parking 383 Fees and any other revenues related to the Project, (b) any insurance proceeds received by the 384 Developer to the extent that such proceeds are in respect of lost gross revenues, and (c) any all 385 other amounts deposited during such calendar year or part thereof in the Gross Revenues 386 Account, which amounts are not otherwise included in the calculation of aggregate gross 387 revenues under clause (a) above, such as interest earnings, income, and Fees in respect of the 388 Project; provided, however, that Gross Revenues specifically excludes any taxes collected by the 389 Developer from Persons parking within the Parking System that are required to be remitted to a 390 Governmental Authority under Applicable Law.