Prosecution of Construction Sample Clauses

Prosecution of Construction. (1) The City shall (A) use its best efforts to minimize any interference that the construction of the Improvements may have on the Chargers', the Padres' and their respective patrons' use of the Stadium, (B) ensure that such construction does not prevent the playing of any Home Game and (C) use its best efforts to ensure that the construction is being completed in accordance with the Approved Construction Schedule. Provided that the City is in compliance with its covenants in the preceding sentence, the Chargers shall bear any financial loss to the Chargers' business resulting from such construction. However, in the event that the City fails to comply with any of it covenants set forth in the first sentence of this subparagraph (iv), then the City shall reimburse the Chargers for any such economic loss within thirty
Sample 1
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Prosecution of Construction. Lessee shall commence the Initial Improvements promptly following the Port’s approval of the plans and specifications therefor and shall thereafter diligently prosecute the same to completion. All work shall conform with the approved plans and specifications, and the Port may periodically inspect the work for such compliance. Lessee agrees not later than one (1) year following the Commencement Date, the Initial Improvements shall be completed, and Lessee shall complete the relocation of its operations from the its current leased premises; provided, however, said time period may be extended to the extent of delays directly caused by the Port and/or force majeure events beyond the control of Lessee as set forth in Section 23.6.
Sample 1
Prosecution of Construction. Landlord shall construct the Project (including each the Base Project, Tenant's Specialized Improvements/Base Building Upgrades, installation, but not procurement, of Tenant's Fixtures and Equipment and the Phases II/III Preliminary Work) in compliance with the Plans and Specifications, the Necessary Permits received and all Applicable Laws. Landlord shall not materially deviate from the Plans and Specifications approved by Tenant without either Tenant's prior written consent (required for material deviations only) or pursuant to the change order procedure set forth in Section 4.21, except only that Landlord may substitute materials of equal or better quality to those specified in the Plans and Specifications by prior written notice to Tenant disclosing and describing the proposed substitution in reasonable detail and including a certification from the Project Architect that the substituted materials are equal to or better than the originally specified ones, and if Tenant does not object within 48 hours, Landlord may proceed with such substitution. In the case of minor substitutions, the Project Architect's certification may be dispensed with if Landlord, Tenant and the Project Architect all verbally agree on the subject substitution. All work shall be done by the Construction Manager and other contractors and subcontractors selected in accordance with the provisions hereof, in a good and workmanlike manner and using first class materials. Once having commenced, Landlord shall diligently and continuously prosecute construction of the Project until completed.
Sample 1
Prosecution of Construction. The Borrower will prosecute the construction of the Improvements in accordance with all Development Requirements and this Agreement with reasonable diligence and dispatch, and in any event will complete the construction of the Improvements on or before the Scheduled Completion Date.
Sample 1
Prosecution of Construction. The construction of the Improvements shall be prosecuted with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable Governmental Requirements, and the Plans. From and after the date hereof, Borrower shall not permit complete cessation of work for a period in excess of thirty (30) consecutive days without the prior written consent of Lender (which consent shall not be unreasonably withheld), except for staging of construction as set forth in a schedule submitted to Lender in connection with the Plans, delays due to weather, strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions. Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of one hundred and twenty (120) aggregate days regardless of the cause. Borrower shall, in any event, complete construction of all Improvements free and clear of all liens on or before the Construction Commitment Termination Date.
Sample 1

Related to Prosecution of Construction

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Manner of Construction All Alterations performed by or on behalf of Tenant shall be performed: (a) at Tenant’s sole cost and expense, which shall include, without limitation, payment to Landlord (to the extent required to be paid by Landlord to Master Landlord under Section 8.2 of the Master Lease) of Master Landlord’s reasonable out-of-pocket costs incurred by Master Landlord to review Tenant’s plans and specifications for the Alterations; (b) in a diligent and good and workmanlike manner; (c) in compliance with all Applicable Laws and in substantial conformance with the plans and specifications therefor submitted by Tenant to Landlord and Master Landlord (and approved by Landlord and Master Landlord, to the extent such approval was required); (d) by contractors and subcontractors selected by Tenant and reasonably approved by Landlord and Master Landlord (and Landlord shall cause Master Landlord to not unreasonably withhold consent) (except that pursuant to the Master Lease, Master Landlord may reasonably designate the contractors and subcontractors to perform all B/S Alterations provided such contractors and subcontractors are unrelated to Master Meet Me Room Sublease Landlord or Landlord and agree to perform such work at competitive prices and are reasonably available); (e) in conformance with Master Landlord’s reasonable, non-discriminatory construction rules and regulations (which Landlord shall make available or cause Master Landlord to make available to Tenant upon request); and (f) in such manner so as not to unreasonably obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to unreasonably interfere with Master Landlord’s normal and customary business operations at the Building or Project or other tenants’ or occupants’ use or enjoyment of their premises for reasonable and customary uses. In addition, prior to the commencement of such Alterations, Tenant shall provide Landlord and Master Landlord with evidence that Tenant or its contractor carries “Builder’s All Risk” insurance in an amount reasonably approved by Landlord (provided Landlord shall not withhold approval unless Master Landlord reasonably withholds approval to the extent allowed under the Master Lease) (not to exceed the amount of coverage typically required by landlords of Comparable Buildings) covering the construction of such Alterations, and such other insurance as Master Landlord under the Master Lease may reasonably require. Tenant shall, within twenty (20) days after demand, remove or bond against any liens imposed against the Building or Project as a result of the performance by Tenant of any Alterations and/or installation by Tenant of any furniture, fixtures or equipment in or at the Premises, Building or Project, and shall indemnify, defend and hold Landlord and Master Landlord harmless from and against all Claims in connection with any such liens.

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

  • Principles of Construction All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.

  • Governing 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 laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Other Rules of Construction (i) References in this Agreement to any gender shall include references to all genders. Unless the context otherwise requires, references in the singular include references in the plural and vice versa. References to a party to this Agreement or to other agreements described herein means those Persons executing such agreements.

  • Interpretation and Construction 2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of which is hereby incorporated by reference in this Agreement and made a part hereof. All references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits to, this Agreement unless the context shall otherwise require. The headings and numbering of Sections and Exhibits used in this Agreement are for convenience only and will not be construed to define or limit any of the terms in this Agreement or affect the meaning and interpretation of this Agreement. Unless the context shall otherwise require, any reference to any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards, shall be deemed to be a reference to the most recent version or edition (including any amendments, supplements, addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical publication, or any publication of Telecommunications industry administrative or technical standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed or considered to limit or amend the provisions of Section 2.2. In the event a change in a law, rule, regulation or interpretation thereof would materially change this Agreement, the terms of Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change, any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to such law, rule, regulation or interpretation thereof in effect immediately prior to such change until the processes set forth in Section 2.2 are implemented. The existing configuration of either Party's network may not be in compliance with the latest release of technical references, technical publications, or publications of Telecommunications industry administrative or technical standards.

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires:

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