Partial Completion. Lender may agree to disburse funds for Reserve Items prior to completion thereof where (i) the contractor performing such work requires periodic payments pursuant to the terms of its written contract with Borrower and Lender has given its prior written approval to such contract, and (ii) the cost of the portion of the Reserve Item to be completed under such contract exceeds $10,000.
Partial Completion. 7.7.1 Developer shall apply in writing for a Certificate of Partial Completion, such certificate being required whenever Developer contemplates in the sequencing of its Construction Work, any part of the Project, being made available for use by Patrons prior to Substantial Completion. The Authority will issue, following Developer’s request and within the time periods set forth in Sections 7.7.3 through 7.7.6 below, written certificate(s) of Partial Completion (the “Certificate of Partial Completion”) at such time as Partial Completion occurs. The Authority will not, prior to Service Commencement, permit any part of the Project (whether new construction or modification to existing construction) to be used by Patrons until a Certificate of Partial Completion has been issued by the Authority. Notwithstanding the previous issue by the Authority of a Certificate of Partial Completion, a new application for such certificate will be required and the Authority shall have issued a new Certificate of Partial Completion before additional new construction or additional modifications to existing construction may be brought into use by Patrons.
Partial Completion. Liquidated damages shall not be reduced or apportioned for Substantial Completion of portions of the Work prior to Substantial Completion of the entirety of the Work.
Partial Completion. From time to time, as portions of the Work are completed by the Contractor, the University shall have the right, upon giving the Contractor prior written notice, to accept any portion of the Work that the University desires to use and occupy. Such partial acceptance shall be made in writing and thereafter the Contractor shall have no further obligation with respect to the Work accepted, except to correct the Work subsequently found to have been improperly done, to replace defective materials or equipment, or as defined by Substantial Completion and Punchlist requirements.
Partial Completion. In the case of partial completion of an Order by reason of any of the events referred to in clauses 8 or 16 the Company shall be entitled to payment by way of a quantum meruit for all work done by it, without prejudice to its rights should non- completion be occasioned by the Buyer.
Partial Completion. Notwithstanding the provisions of the foregoing Paragraph (aa), entitled “Completion”, when a discrete, integral and material portion of the Construction Work is substantially completed or is properly usable, the Lessee may advise the Port Authority to such effect and may deliver to the Port Authority: [a] a certificate signed by an authorized officer of the Lessee certifying that such portion of the Construction Work has been constructed in accordance with the approved plans and specifications and the provisions of this Third Supplement and in compliance with all applicable law; [b] a certificate signed and sealed on behalf of the Project Engineer by a New York State licensed architect on its staff certifying that the approved plans and specifications are in compliance with all applicable laws; and [c] a certificate signed and sealed on behalf of the Project Engineer by a New York State licensed engineer on its staff certifying that such portion of the Construction Work has been constructed in accordance with the approved plans and specifications. The Lessee shall also certify that such portion of the Construction Work can be properly used even though the Construction Work has not been completed and that the Lessee desires such use. The Port Authority may permit the Lessee to use such portion for the purpose set forth in this Third Supplement taking into consideration that one purpose of the construction staging and scheduling is to permit the continuous operation of the Premises as an air terminal facility and to minimize disruption to passengers, tenant airlines and concessionaires while proceeding as promptly as possible to completion of the construction of T5i Project-Phase 1. Accordingly, the Port Authority shall take into consideration the said purpose in reviewing any request by the Lessee for the issuance of a certificate to the Lessee with respect to each discrete, integral and material portion of the Construction Work permitting the Lessee to use such portion thereof for the purposes set forth in this Third Supplement. In the event the Port Authority issues such certificate, the Lessee may use such discrete, integral and material portion subject to the condition that all risks thereafter with respect to the construction and installation of the same and any liability therefor for negligence or other reason shall be borne by the Lessee, and subject to the risks as set forth above in the paragraph relating to Partial Approval Work.
Partial Completion. If (a) the time required to complete a Tenant Improvement exceeds one month, (b) the contractor performing such Tenant Improvement requires periodic payments pursuant to the terms of a written contract, (c) Lender has approved in writing in advance such periodic payments, and (d) the cost of the portion of the work completed under such contract exceeds Ten Thousand Dollars ($10,000.00), a request for reimbursement from the Tenant Improvement and Leasing Commission Reserve may be made after completion of a portion of the work under such contract, provided (i) such contract requires payment upon completion of such portion of the work, (ii) the materials for which the request is made are on site at the Property and are properly secured or have been installed in the Property, (iii) all other conditions in this Agreement for disbursement have been satisfied, (iv) funds remaining in the Tenant Improvement and Leasing Commission Reserve are, in Lender's judgment, sufficient to complete such Tenant Improvement and fund other Tenant Improvements and Leasing Commissions when required, and (v) each contractor or subcontractor receiving payments under such contract shall provide a waiver of lien with respect to amounts which have been paid to that contractor or subcontractor.
Partial Completion. (a) Without prejudice to any other rights and remedies the Purchaser may have, the Purchaser shall not be obliged to complete the sale and purchase of any of the Shares unless the sale and purchase of all of the Shares and the Majority Shareholders’ Shares is completed simultaneously.
Partial Completion. If Artist has partially completed the Work, Client agrees to compensate Artist at fiNy percent (50%) of the total compensation. If this Agreement is terminated by Client aNer Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed the Work.
Partial Completion. The liquidated damages provided for under this Section 3.2 shall not be reduced or apportioned: (1) for Substantial Completion of portions of the Work prior to Substantial Completion of the entirety of the Work; or (2) if portions of the Work are deleted pursuant to (a) the County’s right to order Deleted Work; or (b) a termination by County of a portion of the Construction Contract or a deletion of portion of Work for the convenience of the County or due to an Event of Contractor Default.
