Excess Construction Costs Sample Clauses

Excess Construction Costs. Those charges which may be raised in addition to normal connection charges, where additional infrastructure work is required to provide new or extended service for a customer. IPR: means all intellectual property rights including, without limitation, patents, trademarks, copyright, registered designs, mask works, design rights, know -how and all other similarly protected rights. Minimum Period: the period of time as specified in the Order for which the Supplier is committed to deliver and the Customer committed pay for a Service. CMC: The Suppliers Customer Management Centre Notice Period: 4 weeks. Offending Material: any material which may reasonably be deemed to be: • in breach of any law, or the Supplier’s acceptable use policy, or • offensive, indecent, obscene, defamatory, menacing, racist or • in breach of confidence, IPR, privacy or any right of a third party. Order: the Purchase Order or such other document that the Supplier deems to constitute as an official request to deliver a Service.
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Excess Construction Costs. It is understood and agreed that Landlord is under no obligation to bear any portion of the cost of any of Landlord’s Work except to the extent of the Construction Allowance (as adjusted). Notwithstanding Section 6.1 above, if at any time and from time-to-time Landlord reasonably determines that the actual cost of certain services or materials required for Landlord’s Work will exceed the line item in the Budget for such services or materials, Landlord shall give Notice to Tenant of same and Tenant thereafter either shall approve or disapprove the excess line item cost, within 5 business days after Landlord’s Notice. If Tenant approves the excess line item cost, Landlord shall proceed with Landlord’s Work and the excess line item cost will be included in Construction Costs and may be paid from the Construction Allowance (if sufficient). If Tenant disapproves the excess line item cost, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate such excess line item cost. Any excess line item cost not approved by Tenant shall not be included in Construction Costs and may not be paid from the Construction Allowance. Subject to the foregoing limitations on Construction Costs payable from the Construction Allowance, if at any time and from time-to-time Landlord reasonably determines that the remaining Construction Costs under the Budget exceed the remaining unexpended Construction Allowance (as adjusted), Landlord shall give Notice to Tenant of same and Tenant thereafter shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete Landlord’s Work, 100.00% of the then current Construction Costs in excess of the remaining Construction Allowance (“Excess Construction Costs”). If Tenant fails to deposit with Landlord, or deposits with Landlord after the date demanded in Landlord’s Notice (which shall not be less than 5 business days after Landlord’s Notice), the amount of any Excess Construction Costs, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge), and for purposes of any litigation instituted with regard to such amounts the same will be considered Rent. Such deposits of Excess Construction Costs, together with the Construction Allowance (as adjusted) and any funds deposited by Tenant pursuant to Section 6.2 above, are herein referred ...
Sample 1
Excess Construction Costs a) Prior to Authorization for Construction to Begin (“Construction Contract”).
Sample 1
Excess Construction Costs. The City's obligation to fund the construction of the PID Public Improvements is limited to the amount of the Funding Cap. Parkside shall be responsible and shall bear any costs in excess of the Funding Cap. However, the City agrees, if requested, to cooperate with Parkside to value engineer the PID Public Improvements to reduce the total cost of the PID Public Improvements to an amount not in excess of the Funding Cap, but the City will have final approval of the design and construction of the PID Public Improvements.
Sample 1

Related to Excess Construction Costs

  • Construction Costs Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.

  • Construction Cost 3.1. Construction Cost does not include the fees of the ARCHITECT/ENGINEER and consultants, the cost of the land, rights- of-way, or other costs, which is the responsibility of the State as provided in Paragraphs 2.2 through 2.3. or any of the contingencies available for the project unless specifically stated otherwise.

  • Construction Cost Budget The total cost to District of all elements of the Project designed or specified by the Architect, as adjusted during and at the end of the design phase in accordance with this Agreement and the Agreement for Architectural Services. The Construction Cost Budget does not include the compensation of the Project Design Team, the Program Manager (if any), the Construction Manager and any subconsultants, the cost of the land, rights-of-way, or financing which are the responsibility of the District.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • Pre-Construction Phase Employer’s Liability, Workers’ Compensation, Comprehensive General Liability and Comprehensive Automobile Liability in the amounts as set forth in the UGSC.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • New Construction If this contract is for a Property that is newly constructed and the new construction option is selected, coverage begins on day one (1) of month thirteen

  • Routine Maintenance, Construction, and Repair The NYISO or Connecting Transmission Owner may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. The NYISO or the Connecting Transmission Owner shall provide the Interconnection Customer with five Business Days notice prior to such interruption. The NYISO and Connecting Transmission Owner shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure:

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