Failure to Achieve Substantial Completion Sample Clauses

Failure to Achieve Substantial Completion. If Substantial Completion of the Shell Improvements does not occur by August 1, 2009 for any reason other than a delay caused by Tenant (a “Tenant Delay”) or Force Majeure, Tenant shall be entitled to a rent abatement equal to two (2) days of base rent plus additional rent applicable to the Premises for each day after September 1, 2009 that the Substantial Completion of the Shell Improvements does not occur. If the Substantial Completion of the Shell Improvements does not occur by September 1, 2009 for any reason (including Force Majeure) other than a Tenant Delay, Tenant shall be entitled to elect by written notice delivered to Landlord at any time prior to the Substantial Completion of the Shell Improvements to cause the Substantial Completion of the Shell Improvements to occur, at Landlord’s sole cost and expense, in which event (i) Tenant shall cause the portion of the Shell Improvements constructed by Tenant to be constructed in a good and workmanlike manner, in compliance with all applicable laws and in substantial accordance with Exhibit B-1, using only new quality materials, and (ii) Tenant shall have the right to offset all costs incurred by Tenant in so achieving Substantial Completion of the Shell Improvements against any and all amounts of the base rent and additional rent payable by Tenant under the Lease for the entire Premises until Tenant is reimbursed in full.
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Failure to Achieve Substantial Completion. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the Design-Builder to achieve Substantial Completion prior to the end of the Extension Period;
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Failure to Achieve Substantial Completion. In the event Lessor fails to achieve Substantial Completion of the Base Improvements and/or the Tenant Improvements by the Substantial Completion Deadline (including any authorized extensions of time pursuant to this Work Letter), Lessee may exercise any or all of the following remedies, in addition to any other remedies provided at law or in equity.
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Failure to Achieve Substantial Completion. If Landlord has not achieved Substantial Completion (as further defined and described in Exhibit D) of the Base Building Work, pursuant to Section 2.7 of Exhibit D, by March 1, 2019 (the “Outside Completion Date”), as such date is extended due to Landlord’s Unavoidable Delay (as defined in Exhibit D) and Landlord’s failure causes a delay in Tenant’s completion of Tenant’s Improvement Work (approved by Landlord as set forth in Exhibit D) resulting in delay in Tenant’s occupancy of the Premises past September 4, 2019, (a) the validity of this Lease and the obligations of Tenant under this Lease shall not be affected by any such delay, (b) Tenant shall have no claim against Landlord arising out of Landlord’s failure to achieve Substantial Completion, and (c) Tenant’s sole remedy shall be Tenant’s receipt of a credit of one (1) additional day free Base Rent for every day from the Outside Completion Date to the date Landlord achieves Substantial Completion of the Base Building Work. By way of example, if Landlord achieves Substantial Completion twenty-five (25) days after the Outside Completion Date, then the Rental Abatement Period, as defined in Section 6.2 below, shall increase by twenty-five (25) days.
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Failure to Achieve Substantial Completion. If Substantial Completion is not achieved by December 31, 2024; or
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Failure to Achieve Substantial Completion. If Landlord has not achieved Substantial Completion of all Base Building Work by July 1, 2018 (the “Outside Completion Date”), as such date is extended due to Landlord’s Unavoidable Delay (as defined in Exhibit D), Tenant, as its sole remedy, shall have the right to terminate this Lease by delivering to Landlord a termination notice within ten (10) days after the Outside Completion Date, which shall be effective thirty (30) days after receipt by Landlord; provided, however, that this Lease shall not terminate if within such 30-day period the Base Building Work is Substantially Completed.
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Related to Failure to Achieve Substantial Completion

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Certificate of Substantial Completion The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the City when construction is sufficiently complete, in accordance with the Contract Documents, so the City of Roanoke, Virginia (City or Owner) can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. ITB NO.: PROJECT: CONTRACTOR: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: . The Work or portion thereof designated above performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as . The City will assume possession thereof at a.m./p.m. on that date. A list of items ("punch list"), prepared by the A/E and/or Director, Department of Public Works, to be completed or corrected by the Contractor, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor will complete any portion of the Work that is not substantially complete and will complete or correct the work on the punch list in accordance with the Contract Documents. The establishment of a date of substantial completion and/or the acceptance of the Work or designated portion thereof does not relieve the Contractor of any responsibility for any faulty materials or workmanship or operate to relieve the Contractor or its Surety from any obligation under the Contract with the City or the Performance Bond or Labor and Material Payment Bond. This Certificate is subject to the terms and conditions of the Contract Documents, including but not limited to Section 20.8 of the General Conditions. Contractor By Date City of Roanoke, Virginia City By Date CITY OF ROANOKE, VIRGINIA AFFIDAVIT OF PAYMENT OF CLAIMS By: (Insert Exact Name and Address of Firm) This day personally appeared before me, , a Notary Public in and for the City (County) of , and, being by me first duly sworn states that all subcontractors and suppliers of labor and materials have been paid all sums due them for work performed or materials furnished in the performance of the Contract between the City of Roanoke, Virginia, and ,Contractor, dated , 20 , for or arrangements have been made by the Contractor satisfactory to such subcontractors and suppliers with respect to the payment of such sums as may be due from the Contractor to the subcontractors and suppliers. CONTRACTOR: BY: PRINTED OR TYPED NAME AND TITLE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I, , a Notary Public in and for the Commonwealth of Virginia, do hereby certify that , whose name is signed to the foregoing, has subscribed, sworn to and acknowledged the same before me this day of , 20 . Seal: Notary Public Registration #: My Commission Expires: CITY OF ROANOKE, VIRGINIA

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

  • Completion of the Project The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Completion on or before November 1, 2016.

  • Completion of Concrete Pours and Emergency Work 24.14.1 Except as provided in this sub-clause an employee shall not work or be required to work in the rain.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « » ] The date of this Agreement. [ « » ] A date set forth in a notice to proceed issued by the Owner. [ « » ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

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