Construction of Phase Sample Clauses

Construction of Phase. 2 OPTI shall not, and shall not permit any Restricted Subsidiary to, make any payment or investment in connection with the construction of Phase 2 unless OPTI has sufficient funds (including binding equity commitments with respect to funds, anticipated insurance proceeds and/or available borrowings under Indebtedness permitted under this Indenture) to achieve Phase 1 Completion. Until OPTI has provided an Officer’s Certificate to the trustee certifying that OPTI has achieved Phase 1 Completion, OPTI shall certify to the Trustee no later than 15 days after the end of each fiscal quarter whether it has complied fully with this Section 4.20 during such preceding fiscal quarter.
Sample 1Sample 2
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Construction of Phase. I BUILDING ("THE BUILDING"): -------------------------------------------------
Sample 1
Construction of Phase. 1. Upon the completion of the Plans and the final approval of same by Landlord and Tenant, such approval to be provided by both Landlord and Tenant, negotiating in good faith and with due diligence, on or before December 2, 1994, Landlord shall submit the Plans for permitting. Further, on or before November 22, 1994, Landlord shall also submit the portion of the Plans, though not finalized, related to that certain portion of the Premises consisting of approximately 12,000 rentable square feet and identified as "Phase I" on Exhibit "B" ("Phase I") to a general contractor selected by and satisfactory to Landlord to obtain an estimate for the conduct of the portion of the Upfit Work attributable to Phase I (the "Phase I Work") in accordance with the Plans. Such estimate shall be received by Landlord from the selected general contractor on or before November 30, 1994. The contract for the conduct of all Phase I Work shall be issued to such general contractor on or before December 1, 1994, or as soon thereafter as practicable. Such general contractor shall commence construction on December 2, 1994, or as soon thereafter as practicable.
Sample 1
Construction of Phase. I shall be commenced promptly by ------------ Landlord and Phase I shall be substantially completed and ready for use and occupancy by Tenant on the Completion Date. Construction of Phase II shall be commenced promptly after approval of the Phase II Plans and the Phase II Specifications, the bidding of Landlord's Work for Phase II to three general contractors, the selection of Landlord's contractor, with Tenant's consent, and the issuance of all state and local permits required therefor, and shall be substantially completed and ready for use and occupancy by Tenant within sixty (60) days after issuance of such permits. The Phase II Plans and the Phase II Specifications are being prepared by Tenant's architect. Landlord and Tenant shall use reasonable good faith efforts to finalize the Phase II Plans and the Phase II Specifications as soon as reasonably possible after receipt of same from Tenant's architect. Upon approval of the Phase II Plans and the Phase II Specifications, completion of bidding of Landlord's Work and the selection of Landlord's contractor, Landlord shall promptly apply for required permits and shall use diligent efforts to obtain same as soon as possible. The time for substantial completion of Phase I and Phase II shall be extended for additional periods of time equal to the time actually lost by Landlord or Landlord's contractors, subcontractors or suppliers due to Change Orders, Tenant Delays (as hereinafter defined), strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, or any cause similar or dissimilar to the foregoing beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers (collectively "Excusable Delays"), provided that in each instance Landlord shall have notified Tenant promptly upon learning of such occurrence or the reasonable likelihood thereof and the length of the anticipated delay.
Sample 1
Construction of Phase. I improvements permitted by the City of Arlington and shown in Exhibit “B” will be completed within twelve (12) calendar months from the date that the building permit is issued. Lessee will apply for the building permit for Phase I no later than six months after the Effective Date of this Lease and diligently pursue, and take all necessary and reasonable actions, to obtain the building permit as soon thereafter as possible. Lessee will be the responsible party for making application to the City of Arlington for any and all required building permits.
Sample 1

Related to Construction of Phase

  • Construction Phase Part 1 –

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • CONSTRUCTION OF PREMISES Landlord will diligently perform “Landlord’s Work” and Tenant will diligently perform “Tenant’s Work” (if any) as described in the Workletter attached as Exhibit “F” in accordance with the Workletter and the rest of this Lease. Landlord’s Work will be deemed substantially completed even if Landlord has not completed “punch list” or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final punch list will be submitted to Landlord with in fifteen (15) days after Landlord notifies Tenant that Landlord’s Work is substantially completed. Substantial completion of Landlord’s Work will be deemed to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall be subject to all the terms and conditions of this Lease, except that Tenant shall not be obligated to pay rent during the Fixture Period.

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • Construction of the Tenant Improvements Landlord shall construct the Tenant Improvements in accordance with this exhibit and the construction contract to be executed by Landlord and its contractor(s). The construction contract for constructing the Tenant Improvements and the contractor(s) to perform the work shall be approved and/or selected, as the case may be, by Landlord at its sole and absolute discretion without the consent of Tenant.

  • Construction of Hotel (i) To Seller’s knowledge, the Hotel has been constructed in a good and workmanlike manner without encroachments except as noted on the Survey and in accordance in all material respects with the Construction Plans. To Seller’s knowledge, the Hotel has received all building permits and certificates of occupancy necessary for the operation thereof, and is in compliance with applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.

  • Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.

  • Construction of Tenant Improvements After the Landlord and Ground Lessor (in accordance with Paragraph 12 hereof) approve Tenant’s Plans and Tenant receives any necessary building permits, Tenant shall administer and diligently prosecute the construction of Tenant Improvements in accordance with Tenant’s Plans, in compliance with applicable Laws, and using building standard material, subject to Landlord’s right, at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall be constructed by Tenant’s Contractor (and/or its subcontractors), and Tenant shall be responsible for project management with respect to construction of the Tenant Improvements. During construction of the Tenant Improvements, Tenant and its contractors and subcontractors (i) shall not interfere with the access to, use of, or business conducted within any other portions of the Project by other tenants or occupants, (ii) shall use diligent efforts to coordinate the timing of work, deliveries and other construction matters with tenants or occupants of the Project that could be adversely impacted by such work, deliveries and construction matters, including, without limitation, by scheduling work CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any required shutdown of utilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall not be charged any construction management fee for Landlord’s review of Tenant’s Plans or any oversight of the construction of the Tenant Improvements.

  • Construction, Etc Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement shall be deemed to be a part hereof.

  • Construction of Improvements (A) Lessee warrants and agrees that the Building will be constructed on the Leased Premises, and all other improvements to the land, including the parking lot, approaches, and service areas, will be constructed in all material respects by Lessee substantially in accordance with the plot, plans, and specifications heretofore submitted to Lessor.

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