Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound:
Construction Provisions. Attached. The attached Construction Provisions apply to the period of time during which the System is under construction, and shall not apply following the achievement of the Commercial Operation Date.* Exhibit F Defined Terms and Interpretation
Construction Provisions. Reconstruction shall substantially conform to the provisions of Exhibit C and shall cover Landlord's Work and Tenant's Work. Landlord shall reconstruct the Premises only to the extent of Landlord's Work; Tenant, at its sole cost and expense, shall reconstruct Tenant's Work and shall replace its merchandise, Improvements and Personal Property.
Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications described in Section 6.1 hereof, shall be completed in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances, regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (1) year thereafter, Landlord will correct and/or repair, or cause to be corrected and/or repaired, any latent or non-obvious defect, malfunction or failure in or of construction, workmanship, material or operation of the Premises, provided any such defect, malfunction or failure is not the result of any work performed by Tenant, and is not caused by any act or negligence of Tenant, its employees or contractors. At the expiration of the one (1) year period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right, at its option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof, Tenant shall allow Landlord, its employees or contractors, to enter upon the Premises to perform any remedial work required to be performed, and will cooperate with Landlord, its employees or contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances, and with the least amount of interruption to the business of the Tenant.
Construction Provisions. The following are additional construction provisions to which the Parties agree to be bound: TrAILCo and NYSEG each have obligations under this Agreement to construct and/or install System Upgrade Facilities. The Scope of Work for TrAILCo’s construction and installation of System Upgrade Facilities is set forth in sections 2(a), 2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4) and Phase 2 of 2(b)(6) of Appendix A. The Scope of Work for NYSEG’s construction and installation of System Upgrade Facilities is set forth in section 2(b)(5) and Phase 1 of section 2(b)(6) of Appendix A. NYSEG has delegated to TrAILCo the obligation to undertake and complete, at TrAILCo’s cost and expense, the NYSEG Scope of Work described in section 2(b)(5) of Appendix A. For clarity, the Scope of Work described in Phase 1 of section 2(b)(6) of Appendix A shall be performed at TrAILCo’s cost and expense. TrAILCo shall use best efforts to complete the scope of work described in section 2(b)(5) of Appendix A (the “TrAILCo Scope of Work”) during the period (the “Work Period”) between the commencement of the scheduled outage of Watercure Line and the Commercial Operation Date of the Transmission Facility, which Work Period shall be forty (40) days in duration. TrAILCo acknowledges that TIME IS OF THE ESSENCE to complete the TrAILCo Scope of Work during the Work Period. It is acknowledged that TrAILCo’s inability to complete all of the work set forth in the TrAILCo Scope of Work within the Work Period may cause NYSEG to incur economic damages and losses. If the work required by the TrAILCo Scope of Work is not completed by the expiration of the Work Period and NYSEG has suffered economic damages or losses as a result, then NYSEG shall provide a written notice and an invoice to TrAILCo that provides reasonable detail as to the cause and extent of the damages and or losses and the amount due from TrAILCo to NYSEG. Subject to TrAILCo’s rights under this Section 2, TrAILCo shall pay the amount due within five (5) days of the date of the invoice. TrAILCo’s obligation to pay the amount invoiced pursuant to this provision shall be absolute and unconditional and without counterclaim or set-off except in the event the TrAILCo Scope of Work is not complete by the expiration of the Work Period because of an act or omission of NYSEG, an act or omission of a third-party not under contract with or control of TrAILCo or any affiliate of TrAILCo for purposes of the TrAILCo Scope of Work, an act or omission of the PJ...
Construction Provisions. In the event of any Reconstruction of the Premises under this Article XVIII, said Reconstruction shall substantially conform to the provisions of Exhibit C and shall cover all of the work set forth therein under "Description of Landlord's Work" and "Description of Tenant's Work." Landlord shall reconstruct the Premises only to the extent of the work described as "Landlord's Work" in Exhibit C. Tenant, at it sole cost and expense, shall reconstruct all items described as "Tenant's Work" in Exhibit C and shall replace its merchandise and Personal Property. Tenant shall commence such reconstruction of Tenant's Work and replacement of Tenant's merchandise and Personal Property promptly upon delivery to it of possession of the Premises and shall diligently prosecute the same to completion.
Construction Provisions. RESPONSIBILITY, STANDARD TERMS AND CONDITIONS
Construction Provisions. A. The Operator shall not erect or authorize or permit others to erect any poles within the Right-of-Way for operation of its System without first obtaining approval of the City and Colorado Springs Utilities which may be granted or withheld in its sole and absolute discretion. All poles of the Operator shall be erected between the sidewalk and the property line unless otherwise designated by the proper City authorities, and each pole shall be set whenever practicable at an extension lot line. The City or Colorado Springs Utilities shall have the right to require the Operator to change location of any pole, conduit, structure or other facility within the Streets or Public Utility Easements when in the opinion of the City or Colorado Springs Utilities the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. This Agreement does not confer any rights to attach to poles or other facilities owned by Colorado Springs Utilities or any other utility. The right to make such attachment and the terms, conditions and fees for such attachments shall be governed by a separate agreement with Colorado Springs Utilities or such other utility and by the City Charter, City Code and all applicable City ordinances as amended. Nothing herein shall exempt the Operator from compliance with all Charter and ordinance provisions relating to such excavations or construction or from any provision requiring payment of permit or license fees pertaining thereto.
Construction Provisions. In the event of any reconstruction of the Premises required of Lessee pursuant to this Article, Lessee shall, to the extent of available insurance proceeds, repair or rebuild such building and improvements to substantially the same condition they were in immediately preceding such damage or destruction. Lessee shall, to the extent of available insurance proceeds, also repair or replace its Personal Property situated upon the Premises which may have been damaged or destroyed by such cause as may in the opinion of County be necessary for the resumption by Lessee of its business upon the Premises.
Construction Provisions. For the purposes of Section 3.a. hereof, the New Premises shall be deemed available for occupancy when Landlord notifies Tenant in writing that the New Premises have been substantially completed, Landlord has received all approvals and permits from the applicable governmental authorities required for legal occupancy of the New Premises and Landlord delivers possession of the New Premises to Tenant in accordance with the Lease. During the construction process, Landlord will permit Tenant access to the New Premises for purposes of Tenant installing certain cabling and fixtures therein. Landlord will give Tenant two (2) weeks notice prior to the time at which Landlord expects to permit Tenant such access. If and to the extent Tenants temporary use of the New Premises as aforesaid results in a delay in Landlord's construction of the New Premises, then the same shall constitute a Tenant Delay. Landlord's Work shall be deemed substantially completed notwithstanding (a) that certain minor or non-material details of construction, mechanical adjustment or decoration ("punchlist items") are incomplete, or (b) portions of the New Premises are incomplete because such work cannot be performed until work to be performed by or on behalf of Tenant is completed and about which Landlord previously notified Tenant. Upon the delivery of the New Premises to Tenant, Landlord shall assign to Tenant all warranties received from contractors or subcontractors for the work performed on the New Premises (such assignment, however, shall be limited (1) to the extent that any such warranties are assignable and (2) in duration to the shorter of (i) the life of said warranty, or (ii) the Term of the Lease). In the event Landlord is delayed in substantially completing the New Premises by any delay, interference or hindrance (which shall include, without being limited to, any delays in connection with Change Orders), directly or indirectly, of such work (1) by Tenant, Tenant's contractors or any of their employees or agents, (2) by Tenant's request for unusual or unique materials which cannot be timely delivered, (3) by any changes in such work or materials requested by Tenant and agreed to by Landlord after the execution of this Amendment, (4) by Tenant's failure to timely and properly perform any of its obligations under the Lease (as amended hereby) (any of the foregoing items (1) through (4) hereinafter being referred to as a "Tenant Delay"), or (5) any force majeure events or other eve...
