LACK OF PROGRESS Sample Clauses

LACK OF PROGRESS. Any lack of progress which significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made.
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LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either:
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LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing, replacing or resupplying the Goods or Services, the Purchaser may either: reject the Goods or Services by written notice to the Supplier, in which case clause 5.5 will apply; or arrange for the Goods or Services to be repaired or resupplied by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Purchaser in doing so.
Sample 1
LACK OF PROGRESS. Either Party may terminate this Agreement, without any further obligation to the other Party, if (i) Seller has not, for any reason, issued by December 31, 2011 a notice to proceed with construction of the Exchange Resource, or (ii) for any reason, the Commercial Operation Date has not occurred by June 30, 2013.
Sample 1
LACK OF PROGRESS. The Inspecting Engineer reports that construction of the Project lags more than thirty (30) days behind the schedule detailed in the Schedule and thereafter, within sixty (60) days of the date of the Inspecting Engineer’s report, construction of the Project has not been restored to conform with the Schedule.
Sample 1
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clause 3.5 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection: If the Supplier receives a Notice from the Buyer rejecting the Goods, it must: remove any rejected Goods from the Buyer's premises at its own risk within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred, and do either of the following the Buyer elects in its Notice of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods.
Sample 1
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clausesclause 3.6 to 3.75 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection : If the Supplier receives a Notice from the Buyer rejecting the Goods, it must : remove any rejected Goods from the Buyer's premises at its own risk and expense. If the Supplier does not remove the rejected Goods within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred., and If the Buyer rejects any Goods, the Supplier, at the Supplier’s cost, will do whichever onedo either of the following the Buyer elects. The Buyer must state the action required in its Notice issued under clause 3.3of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods, or. promptly replace the rejected Goods with Goods that meet the requirements of this Contract. No limitation : The Buyer's rights under clauses 3.2 to 3.75 are in addition to, and do not limit, any other rights or remedies the Buyer may have. Ownership and risk Ownership of Goods : Ownership in the Goods passes to the Buyer on the earlier of: the date the Buyer has paid the Charges for those Goods, xxxxx the date those Goods have been delivered.
Sample 1
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Related to LACK OF PROGRESS

  • Maintenance of Profitability Seller shall not permit, for any Test Period, Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.

  • Maintenance of Properties (a) Maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted; (b) make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) use the standard of care typical in the industry in the operation and maintenance of its facilities.

  • Development of the Project 4.1 TSP's obligations in development of the Project: Subject to the terms and conditions of this Agreement, the TSP at its own cost and expense shall observe, comply with, perform, undertake and be responsible:

  • Procurement of the Site 10.3.1 Pursuant to the notice specified in Clause 4.1.2, the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid licence and Right of Way to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by the Authority to the Concessionaire.

  • Condition of Properties All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.

  • Maintenance of Properties, Etc Maintain and preserve, and cause each of its Subsidiaries to maintain and preserve, all of its properties that are used or useful in the conduct of its business in good working order and condition, ordinary wear and tear excepted.

  • CHARACTERISTICS OF THE ACADEMY 10) The characteristics of the Academy set down in Section 1(6) of the Academies Act 2010, are that:

  • Scope of Project i. The work to be performed under this Agreement for the Rapid City Metropolitan Transportation Planning Process will be conducted in accordance with the CY 2018 Unified Planning Work Program incorporated in this agreement by reference as Attachment D, and the 2018 Unified Planning Work Program Amendment 2018-01, incorporated in and attached to this agreement as Attachment F.

  • Management of Property (i) Each Individual Property will be managed at all times by the applicable Manager pursuant to a Management Agreement unless terminated as herein provided. Subject to Section 5.1(I), each Borrower and Operating Lessee shall comply with the terms of and enforce its rights under the Management Agreement in all material respects. The Management Agreement shall be terminated by Borrowers or Operating Lessee, at Lender’s request, upon thirty (30) days prior written notice to Borrowers, Operating Lessee and the applicable Manager (i) upon the occurrence of an Event of Default, (ii) if the applicable Manager commits any act which would permit termination by any Borrower or Operating Lessee under the Management Agreement and/or any applicable Franchise Agreement, (iii) the applicable Manager commits any act which constitutes an act of fraud, material misrepresentation, intentional misrepresentation, gross negligence, willful misconduct, misappropriation of funds, or intentional physical waste of any Individual Property, or (iv) Borrower changes the Manager or Franchisor of an Individual Property without prior written consent of Lender (except as otherwise permitted hereunder). If a manager is terminated pursuant hereto, or the Management Agreement is otherwise terminated by Manager pursuant to the terms contained therein, Borrowers and Operating Lessee shall promptly seek to appoint a replacement manager acceptable to Lender in Lender’s discretion, and Borrowers’ or Operating Lessee’s failure to appoint an acceptable manager within thirty (30) days after Lender’s request of Borrowers to terminate the Management Agreement or other termination of the Management Agreement shall constitute an immediate Event of Default. Borrowers or Operating Lessee may from time to time appoint a successor manager to manage an Individual Property, which successor manager shall be approved in writing by Lender in Lender’s discretion. Notwithstanding the foregoing, any successor manager selected hereunder by Lender, any Borrower or Operating Lessee to serve as Manager (a) shall be either (1) the Remington Manager provided, that the Remington Manager shall manage the applicable Individual Property pursuant to the terms of the master management agreement by and among the Borrowers and the Remington Manager, or (2) a reputable management company having at least seven (7) years’ experience in the management of commercial properties with similar uses as the Individual Properties and in the jurisdiction in which the Individual Properties are located and (ii) shall not be paid management fees in excess of fees which are market fees for comparable managers of comparable properties in the same geographic area.

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