Timing of Construction and Completion Sample Clauses

Timing of Construction and Completion. The Parties acknowledge and agree that Landowner cannot at this time predict when or the rate at which the Project will be constructed, that there is no requirement that Landowner initiates or completes construction of the Project within any particular period of time, that the City shall not impose such a requirement on any Subsequent Approval, and that Landowner may construct the Project, if at all, at the rate and time Landowner deems appropriate within the exercise of its reasonable business judgment, subject to City Applicable Law.
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Timing of Construction and Completion. Except as required by 12 Applicable Law, there is no requirement that Tamarack initiate or complete development 13 of The Expansion within any particular period of time, and the County shall not impose such a requirement on any Subsequent Action. Subject to the foregoing, the Parties agree that Xxxxxxxx shall be able to develop The Expansion in accordance with Xxxxxxxx's own 17 time schedule in light of market conditions, and that Tamarack shall determine the order in 18 which Phases of The Expansion shall be developed. Xxxxxxxx shall further have the right 19 to determine, at its sole discretion, to develop an element of a particular Phase before completion of a preceding Phase. For example, Xxxxxxxx may elect to seek an 22 Implementing Entitlement to construct Hotel or Lodge residential accommodations prior 23 to completion of Phase 1, or not until Phase 5 of The Expansion if it so chooses. 24 SECTION 5. COOPERATION-IMPLEMENTATION 25 5.1 Proposed Site Plan and Site Development Plan Process. 1 (a) Purpose. The planning and approval process for the development of The Expansion is intended to proceed from the general to the specific, generally in the 3 following sequence: (i) issuance of the MPR Permit and The Expansion MPR Permit 5 Conditions: (ii) Proposed Site Plan; (iii) Minor Amendment or Major Amendment (if 6 applicable); (iv) Approved Site Plan; (v) platting (if required); and (vi) Implementing 7 Entitlements (as applicable). The MPR Permit and The Expansion MPR Permit Conditions, together with 9 the Development Agreement, are intended to provide the general, conceptual development 10 11 plan for The Expansion. It is anticipated that field conditions, market factors, 12 environmental constraints and opportunities, design considerations and other similar 13 factors will cause the development of The Expansion to change and be refined from time to time. Such changes and refinements may include a Proposed Site Plan that proposes no 15 changes to the development provided for by the MPR Permit, The Expansion MPR Permit 16 17 Conditions, or the Development Agreement. Alternatively, the Proposed Site Plan may 18 propose a Minor or Major Amendment, as provided for in Sections 5.1(d) and 5.1(e) below.
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Timing of Construction and Completion. The Parties acknowledge that Developer cannot, at this time, predict when or the rate at which the Project will be constructed. The Parties agree that there is no requirement that Developer commence or complete construction of the Project within any particular period of time during the Term of this Agreement. Therefore, notwithstanding anything to the contrary in County Ordinance Code sections 84-66.1406(1), 84-66.1602, and any other provisions of the County Code, County has ordained by adopting the ordinance approving this Agreement that Developer may commence construction at any time during the Term of this Agreement. The Parties acknowledge that construction may be delayed by litigation, market factors, or other reasons. In light of the foregoing, the Parties agree that Developer may construct the Project at the rate and time Developer deems appropriate within the exercise of its reasonable business judgment, subject to the terms of this Agreement.
Sample 1
Timing of Construction and Completion. The Parties acknowledge that it is not now possible to predict when, or the rate at which, or the order in which, the Property or any portion of the Property will be developed. Such decisions depend upon numerous factors not within the control of Owner, including market orientation and demand, interest rates, general economic conditions, competition, employment rates and other similar factors. Owner may develop or not develop the Property in accordance with the Project Plans in such order, at such rate and at such times, as Owner deems appropriate within the exercise of its subjective and independent discretion, and Owner shall determine the part of the Property to develop first. Owner shall not be required to initiate, pursue or complete development of the Property or any portion of the Property within the Term or any other specific period of time. However, the foregoing does not exempt Owner from completing work required by a road improvement agreement, subdivision agreement or similar agreement in accordance with such agreement's terms. The parties intend by this provision to make inapplicable to this Agreement the Xxxxxx Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984) decision.
Sample 1
Timing of Construction and Completion. The Parties acknowledge and agree that Developer cannot at this time predict exactly when or at what rate the Lodge Project will be developed. The Parties acknowledge that construction may be delayed by litigation, market factors, availability of financing, and other factors. In light of the foregoing, Developer’s vested rights under this Agreement include the right to develop the Lodge Project in such order, phases, sequence, rate, and time as Developer deems appropriate in the exercise of its discretion, subject to the terms, requirements, and conditions of this Agreement and the Disposition and Development Agreement.
Sample 1
Timing of Construction and Completion. The Parties acknowledge and agree that except for the obligations stated below in this Section 2.07 Landowner cannot at this time predict when or the rate at which the Project will be constructed, that there is no requirement that Landowner initiates or completes construction of the Project within any particular period of time, that the City shall not impose such a requirement on any Subsequent Approval, and that Landowner may construct the Project, if at all, at the rate and time Landowner deems appropriate within the exercise of its reasonable business judgment, subject to City Applicable Law. Notwithstanding the foregoing, the following obligations shall apply to any development of the Project:
Sample 1
Timing of Construction and Completion. Notwithstanding any provision of this Agreement to the contrary, there is no requirement that Developer initiate or complete development of the Subject Property or any particular phase of development of the Subject Property within any particular period of time, and County shall not impose such a requirement on any subsequent approval. The parties acknowledge that Developer cannot at this time predict when, or the rate at which or the order in which, phases will be developed. Such decisions depend upon numerous factors that are not within Developer's control, such as market orientation and demand, interest rates, competition, and other similar factors. In light of the foregoing, the parties agree that Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time, for whatever reason, and that Developer shall determine the order in which portions of the Subject Property shall be developed. Without limiting of any of the foregoing, the parties specifically desire to avoid the consequences of the holding of the California Supreme Court in Xxxxxx Construction Co. v. County of Camarillo (1984) 37 Cal.3d 465, which held that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later- adopted initiative restricting the timing of development to prevail over such parties' agreement; consequently, the parties agree that Developer shall have the right to develop the Subject Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Nothing in this Section 2.9 shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.
Sample 1
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Related to Timing of Construction and Completion

  • Commencement and Completion of Construction The Company shall begin Construction Activities no later than January 1, 2014 (“Commencement Date”) and secure a final Certificate of Compliance by August 27, 2015 (hereinafter, “Completion Date”).

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

  • Manner of Construction Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises that required the consent of Landlord, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), or the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and, if applicable, pursuant to a valid building permit, issued by the city in which the Building is located (or other applicable governmental authority), all in conformance with Landlord's reasonable construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord's design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, including the roof, foundation and exterior walls and windows), and the exit stairwells and the systems and equipment located in the internal core of the Building. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to materially obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to materially obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. Upon completion of any Alterations (or repairs), Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant shall deliver to the Project construction manager a reproducible copy of the "as built" drawings of the Alterations, if any, as well as copies of any permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

  • 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.

  • ICIF Construction The ICIF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Parties agree on another mutually acceptable deadline, Interconnection Customer shall deliver to Transmission Provider and Transmission Owner “as-built” drawings, information and documents for the ICIF, such as: a one-line diagram, a site plan showing the Generating Facility and the ICIF, plan and elevation drawings showing the layout of the ICIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Interconnection Customer’s step-up transformers, the facilities connecting the Generating Facility to the step-up transformers and the ICIF, and the impedances (determined by factory tests) for the associated step-up transformers and the Generating Facility. Interconnection Customer shall provide Transmission Provider and Transmission Owner with Interconnection Customer’s specifications for the excitation system, automatic voltage regulator, Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • 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.

  • Pre-Construction Phase Employer’s Liability, Workers’ Compensation, Comprehensive General Liability and Comprehensive Automobile Liability in the amounts as set forth in the UGSC.

  • 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.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

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