Ongoing Work. Notwithstanding anything to the contrary in this Agreement, to the extent (A) such activities were being performed as of the Commencement Date by personnel who were displaced or whose functions were displaced as a result of this Agreement, or (B) arrangement therefor is provided pursuant to Section 11.5 or Section 4.8, Service Provider shall perform the Projects identified in Exhibit 9 in accordance with the applicable project plans as part of the Services and for the Charges at no additional charge to DIR.
Ongoing Work. To Seller’s knowledge, there are no claims for labor performed, materials furnished or services rendered in connection with constructing, improving or repairing any of the Property, as applicable, caused by or on behalf of Fee Owner and which remain unpaid beyond the date for which payment was due and in respect of which liens may or could be filed against any of the Property, as applicable, except for repairs, materials or services furnished in the ordinary course of business.
Ongoing Work. Employees on layoff will be recalled to work of an ongoing nature on the basis of last-off, first-on, provided that the employees being recalled have the capabilities and qualifications to perform the work available. Employees shall receive seven (7) calendar days’ notice of recall by registered mail. The employee shall keep the Employer advised at all times of her current address. Laid off employees failing to report to work of a regular nature within seven (7) calendar days of the date of receipt of the written notice, will be considered as having abandoned their right to re-employment. An exception would be where the employee is obligated to give more than seven (7) calendar days’ notice to the employee's current employment, or where the employee can provide satisfactory reason for not reporting within the seven (7) day period. Satisfactory reason is in the opinion of the Employer and will not be considered after thirty (30) days of the date of recall.
Ongoing Work. 11.5.1. Fee Seller and/or Leasehold Seller are presently pursuing the capital projects on the Property (the “Ongoing Work”) more particularly described on Schedule 11.5.1. Fee Seller and/or Leasehold Seller, as applicable, shall use commercially reasonable efforts to continue to pursue the Ongoing Work prior to Closing; provided, that, Xxxxxxxxx agrees to accept the Property at Closing subject to the Ongoing Work in its then existing state of completion as of the Closing. At Closing, the Ongoing Work Contracts and any related agreements associated with the Ongoing Work, in each case which have not expired or been terminated in accordance with the terms hereof, shall be assigned by Fee Seller and/or Leasehold Seller, as applicable, to Purchaser and Purchaser shall assume the obligation to complete such Ongoing Work. Seller shall receive a credit at Closing in an amount equal to any amounts Fee Seller or Leasehold Seller paid under the Ongoing Work Contracts for work during the period after the Cut-Off Time, and Purchaser shall receive a credit at the Closing in an amount equal to any amounts which have accrued with respect to work during the period through the Cut-Off Time under the Ongoing Work Contracts but not been paid as of the Closing. Upon assignment of any applicable Ongoing Work Contracts by Fee Seller and/or Leasehold Seller to Purchaser and receipt by Purchaser and Seller of the applicable credits described in this Section 11.5.1, Seller shall have no further liability to Purchaser or any other Person for the Ongoing Work or the costs associated therewith. Seller shall provide any lien waivers or other reasonable documentation required by the Title Company (as modified to include Seller’s reasonable revisions) to provide mechanics lien coverage under the Title Policy for the Ongoing Work which may have been completed prior to the Closing Date.
Ongoing Work. Seller and Purchaser acknowledge that Seller is in the process of causing the completion of the work described in the Construction Addendum to the Maintenance Supply Lease (collectively, the “Ongoing Work”) pursuant to the Ongoing Work Contract. Seller covenants and agrees to diligently pursue the completion of the Ongoing Work in accordance with the Ongoing Work Contract and the Maintenance Supply Lease and in compliance with all applicable laws and regulations. Prior to the Closing, Seller shall deliver to Purchaser and the Title Company interim lien waivers (on a 30-day trailing basis) with respect to all portions of the Ongoing Work completed prior to the Closing. Following the Closing, Seller’s performance of the Ongoing Work shall be pursuant to an Ongoing Work Escrow Agreement (the "Holdback Agreement”), which shall be in the form attached hereto as Exhibit D. To secure Seller’s obligation to complete the Ongoing Work, an amount estimated to be 125% of the cost of the Ongoing Work (based on evidence satisfactory to Purchaser in its reasonable discretion) which remains to be completed shall be withheld from Seller’s proceeds at Closing and placed into escrow with Escrow Agent as a holdback (the “Ongoing Work Holdback”). The Ongoing Work Holdback shall be disbursed by Escrow Agent in accordance with a Holdback Agreement. Purchaser and Seller shall deliver or cause to be delivered at Closing the fully-executed Holdback Agreement. Upon completion of the Ongoing Work, Seller shall assign to Purchaser all guaranties and warranties received by Seller from any contractor, manufacturer or other person in connection with the construction of the Ongoing Work. The obligations of Seller hereunder shall survive the Closing.
Ongoing Work. Except as set forth on Schedule 3.2(x), and except for work performed at or materials furnished to any Property in the ordinary course of business within 120 days (or such longer period to the extent that the applicable underlying agreement for services and/or materials allows a payment period in excess of 120 days) prior to the Effective Date, all material work performed or materials furnished to the Properties prior to the Effective Date has (i) been paid for in full, (ii) will be paid in the ordinary course of business or (iii) is being contested in good faith by appropriate proceedings and with adequate reserves established for payment.
Ongoing Work. The Parties hereto agree that the release and settlement memorialized by this Agreement shall not have any effect on the ongoing or future relationship between the Parties and that the Parties are free to engage in any future business, as they see fit, and that any such engagement shall be under separate agreement and bear no relation to those amounts settled hereby.
Ongoing Work. Term certain employees will be converted to permanent employee status if there is ongoing, regular work available. Regular, ongoing work is defined as reasonably consistent and similar job duties and responsibilities that extend over a period of greater than 12 months.
Ongoing Work. Schedule 11.5.1 contains a complete list of the agreements to which Fee Seller or Leasehold Seller is a party associated with the Ongoing Work, including any engineering agreements, architect agreements, development design agreements, contractor agreements and similar agreements and all amendments thereto (collectively, the “Ongoing Work Contracts”), that are in effect as of the Effective Date and that Purchaser is required to assume pursuant to Section 11.5.1. Seller has delivered to Purchaser or made available for Purchaser’s review copies of the Ongoing Work Contracts.
Ongoing Work. Tenant acknowledges that Landlord will be performing the Tenant Improvements while Tenant is in possession of the Relocation Space. Accordingly, Tenant agrees to the following: (a) Landlord shall not be liable for, and Tenant shall have no claims against Landlord as to, any damages, costs, or expenses whatsoever relating in any way to the prosecution of the work while the Tenant is in occupancy of the Relocation Space, including, but not limited to, any alleged consequential, special, or punitive damages, or loss of use or business interruption damages of any kind, and no entry or activity by Landlord or performance of any work shall be deemed to be a constructive or actual eviction, and (b) Tenant will not delay, hamper, or impede in any manner the performance of the work, and at all times, Tenant shall grant access to the Relocation Space to Landlord, its employees, agents, and contractors relating to Landlord’s performance of the Tenant Improvements in the Relocation Space, and (c) no delay in completion of any Tenant Improvements described above shall affect or delay Tenant’s obligations to pay rent as and when set forth in this Amendment. Without limiting Tenant’s obligations, Tenant will relocate personnel from portions of the Relocations Space where work is being performed and will otherwise accommodate all requests of Landlord and its employees, agents, and contractors relating to prosecution of the work.
