Defective and Dangerous Conditions Sample Clauses

Defective and Dangerous Conditions. If the design or construction of the Hotel is defective and the defective condition causes damage to the Hotel, poses a risk of injury to people or property, or is not in material compliance with one or more Legal Requirements including, without limitation, the provisions of a Temporary Certificate of Occupancy or a Certificate of Occupancy, Owner shall, subject to any limitations on warranties contained in the Development Agreement, the Hotel Developer Agreement and/or the Construction Documents, expeditiously remedy such defect or cause such defect to be remedied; provided, however, Owner shall maintain the right to challenge in good faith the existence of any alleged defective condition and/or the materiality of such alleged defect and/or any Legal Requirement, and unless and until such challenge is settled, Owner shall have no obligation to remedy or cause such defect to be remedied. In the event that any alleged defective condition is covered any warranty provided by the Developer or Owner has any other rights against Developer or any other third party in connection with such alleged defective condition, Owner shall make immediate demand on, and use commercially reasonable efforts to cause, the Developer or the responsible third party to pay the cost of remediation of such defective condition. Any amounts expended by Owner under this Section 2.19.4 either to repair the defective condition or to seek remedial action from Developer or other third party shall be paid out of the Surplus Revenue Fund, but if the Surplus Revenue Fund is not sufficient, the insufficiency shall be paid out of the following funds in the following order of priority: the Subordinate FF&E Reserve Fund, the Senior FF&E Reserve Fund and the Operating Expense Reserve Fund. Any recovery which Owner receives from Developer or any other party on account of such amounts shall be deposited into the Funds from which monies were withdrawn in order to cure the defective condition (in the reverse order as the monies were withdrawn). Owner’s obligations under this Section 2.19.4 shall not be subject to whether or when insurance proceeds may be available to cover necessary expenditures, but shall be subject to the availability of funds in the Hotel accounts in accordance with the terms of the Indenture.
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Related to Defective and Dangerous Conditions

  • Hazardous Conditions The Contractor and Owner acknowledge that previously unknown hazardous conditions may be uncovered at any job site, and in particular where existing structures are being demolished and/or remodeled to accommodate new construction or to reutilize existing facilities. Should a hazardous condition not involving Hazardous Materials as set forth above be encountered on the Site, and should reasonable safety precautions be deemed by the Contractor in good faith to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous condition, the Contractor shall, upon recognizing the hazardous condition, stop work in the affected area and immediately report the hazardous condition to the Design Professional and Owner in writing. The Owner shall undertake, or shall contract (by Change Order) with the Contractor or contract with a Separate Contractor, to resolve the condition. So long as the hazardous condition did not result from activities or substances brought on the Site by the Contractor, the Contractor is entitled to adjustments in the Contract Time and the Contract Sum as set forth in Paragraph 1.6.1.2 above.

  • Unsafe Work Conditions No employee shall be disciplined for refusal to work on an assignment which, in the opinion of:

  • Seller’s Conditions The obligations of Seller at the Closing are subject, at the option of Seller, to the satisfaction or waiver at or prior to the Closing of the following conditions precedent:

  • Dangerous Materials Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

  • Specific Conditions If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.

  • Dangerous Goods, Special Wastes, Pesticides and Harmful Substances Where employees are required to work with or are exposed to any dangerous good, special waste, pesticide or harmful substance, the Employer shall ensure that the employees are adequately trained in the identification, safe handling, use, storage, and/or disposal of same.

  • Unsafe Working Conditions (a) No Employee shall be disciplined for refusal to work on a job which is deemed unsafe by:

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.

  • Accidents and Dangerous Occurrences The Hirer must report all accidents involving injury to the public to a member of the Village Hall management committee as soon as possible and complete the relevant section in the Village Hall’s accident book. Any failure of equipment belonging to the Village Hall or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the local authority. The Hall Secretary will give assistance in completing this form. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

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