Construction Disputes. Any disputes which may arise between Landlord and Tenant concerning Landlord's Work or Tenant's Work shall be submitted to an architect mutually selected by Landlord's architect and Tenant's architect, within fifteen (15) days from notice of the existence of such dispute. Such dispute shall be adjudicated by the appointed architect within thirty (30) days of his or her appointment based upon any documentation submitted to him by Landlord and Tenant. The appointed architect's adjudication of the dispute shall be final and binding upon Landlord and Tenant who agree hereby to abide by such decision.
Construction Disputes. 35 Section 7.11. Entire Understanding.........................................................................37 Section 7.12. Expenses.....................................................................................37 Section 7.13. Counterparts.................................................................................37 Section 7.14. Assignment; No Third-Party Beneficiaries.....................................................37 Section 7.15. Press Releases and Announcements.............................................................37 ARTICLE VIII TERMINATION........................................................................................38 Section 8.1. Termination...................................................................................38
Construction Disputes. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, other than such laws as would result in the application of any jurisdiction's law other than that of the State of New York. Each party hereto expressly acknowledges each of the other parties' rights, in the event of such party's breach of its obligations hereunder, to require the specific performance of such party's obligations hereunder, and hereby waives any defenses or objections to any claim or action seeking specific performance by such party of its obligations hereunder based on the ground that there exists an adequate remedy at law.
Construction Disputes. Should any dispute arise between District and Applicant regarding construction methods, construction safety, conformity of the construction with the approved Plans and Specifications, and/or the nature and extent of required change orders, the decision of the District’s Engineer shall be final and binding on all Parties.
Construction Disputes. 17 38. Landlord's Acquisition Contingency. . . . . . . . . 18
Construction Disputes. (i) If Tenant timely disputes the TI Architect’s determination of the duration of a Tenant Delay in accordance with the last paragraph of Section 3(i) or delay caused by a Change in accordance with Section 4(b), the duration of the Tenant Delay or delay will be determined by an arbitration proceeding in accordance with this Section 7(e) (an “Arbitration Proceeding”) conducted in Boston, Massachusetts in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules) as in effect on the date thereof, as modified by this Work Letter. Landlord and Tenant shall sign all documents and do all other things necessary to submit any such matter to arbitration and agree to, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. ActiveUS 179671324v.10 100 Txxxxxx (AOTC) / Constellation Pharm. – Ex. C
Construction Disputes. (a) Any disputes between Landlord and Tenant regarding (i) whether Landlord has unreasonably withheld its consent or approval to a matter under this Work Agreement, where Landlord’s consent is to be reasonable, (ii) substantial completion of any Component of Landlord’s Work or whether any such Component has been delivered in the Required Delivery Condition, (iii) whether a Landlord Delay has occurred or has been properly noticed, (iv) whether a Tenant Delay has occurred or has been properly noticed, (v) whether an Unavoidable Delay has occurred or has been properly noticed, if applicable, or (vi) whether Tenant is entitled to be funded Tenant’s Work Allowances, shall be governed by this Section 1.10. Landlord and Tenant shall use good faith reasonable efforts to resolve any such dispute prior to seeking arbitration on such matter under Section 1.10(b) below.
Construction Disputes. 17 38. Landlord's Acquisition Contingency. . . . . . . . . . . . . . . . 18 39. Drop Box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Construction Disputes. If there is any Construction Dispute, then Landlord and Tenant shall endeavor diligently to resolve the Construction Dispute within ten days after Landlord or Tenant, as the case may be, gives notice to the other party of the Construction Dispute; provided that, if Landlord and Tenant are unable to resolve the Construction Dispute within such ten day period, then, within two days after the expiration of such period, Landlord and Tenant shall present to the Construction Dispute Arbitrator any existing materials and information with respect to the Construction Dispute. Within three days after receipt of any such materials and information, the Construction Dispute Arbitrator shall determine the resolution of the Construction Dispute, which resolution shall be binding upon Landlord, Tenant, the general contractor, and the Inspecting Architect.
Construction Disputes. Except as set forth on Schedule 5.1(v), to Seller's Knowledge, there are no disputes pending between Seller and any mechanic or materialman with respect to work or materials furnished to the Hotel, and to Seller's Knowledge no work which has been performed or materials which have been supplied is likely to give rise to such a dispute. At the Closing, there will be no unpaid bills with respect to any work or materials furnished to the Hotel under any Material Contract which, if unpaid, could result in a mechanics' or materialmen's lien being filed on the Hotel.
