Construction Default definition

Construction Default means default on the part of the Company in the completion of the Project before the Scheduled Date of Completion thereof.

Construction Default means failure to achieve Commercial Operation by the Scheduled Commercial Operation Date or failure to commence construction of the Project as per the timeline given in Schedule N;

Construction Default means (a) the failure to timely construct any facilities required to be constructed pursuant to any Primary Lease, Leased Authorization or Sprint Authorization within the applicable time periods specified therein or applied thereto under the FCC Rules which failure is the basis for the termination (whether or not such termination actually occurs) of any Primary Lease, Leased Authorization or Sprint Authorization by Final Order, but taking into effect any Final Order which extends such time period and which is effective prior to the expiration of the previously specified time period, or with respect to contractual obligations pursuant to a Primary Lease to construct, any amendment to the applicable Primary Lease, or written waiver of the terms of the applicable Primary Lease, which extends such time period and which is effective prior to the expiration of the previously specified time period in the Primary Lease; or (b) the failure to provide "substantial service" or other performance requirements imposed by the FCC or FCC Rules with respect to each Sprint Authorization or Leased Authorization, but taking into effect any Final Order which extends such applicable time period and which is effective prior to the expiration of any applicable previously specified time period, which failure is the basis for the FCC to terminate, cancel or forfeit the Sprint Authorization or Leased Authorization or to take action to: (i) reduce the GSA for any Leased Authorization or Sprint Authorization (other than a BTA authorization) resulting in a reduction in excess of ten percent (10%) of the MHz Households authorized to be serviced by such Sprint Authorization or Leased Authorization, or (ii) in the case of any BTA authorization that is a Leased Authorization or Sprint Authorization, reduce the GSA for such Leased Authorization or Sprint Authorization resulting in a reduction in excess of twenty percent (20%) of the MHz Households authorized to be serviced pursuant to such BTA authorization,. The first Construction Default, if any, will be a material breach of this Agreement for all purposes other than Sprint's ability to terminate this Agreement and Sprint may exercise any other remedy available pursuant to this Agreement, at law or in equity, irrespective of any cure periods otherwise set forth in this Section 10.2.

Examples of Construction Default in a sentence

• Upon the occurrence of any Builder Default or Construction Default, Transferor shall have the right to require Builder to promptly reconvey the Remaining Property (defined below) to Transferor in accordance with the terms and conditions of this paragraph and all subparagraphs hereof (the “Reconveyance Right”).

• The term “Reconveyance Demand Process” shall mean, with regard to any Builder Default or Construction Default, the process the Transferor shall follow pursuant to its Reconveyance Right so as to give Builder reasonable time to cure which shall be no less than thirty (30) days and no more than one hundred and eighty (180) days after the date on which Transferor delivers the Reconveyance Demand to Builder (the “Reconveyance Cure Period”).

• Notwithstanding anything to the contrary contained in this Agreement, Builder shall not be in breach or default hereunder unless Builder fails to cure any material breach of any obligation of Builder under this Agreement within ten (10) days after the Builder’s receipt of written notice of such default from Transferor, except that such cure period shall not apply to a Construction Default (defined below).

• This Section 18.8 will not apply to excuse Operator from any Construction Default.

• You agree to pay to Us in cleared funds the Initial Fee on signature of this Agreement.

More Definitions of Construction Default

Construction Default has the meaning set forth in Section 10.2.

Construction Default means failure to achieve Commercial Operation by the Scheduled Commercial Operation Date or failure to commence construction of the Project within 09 (nine) months following the Appointed Date of this Agreement);

Construction Default means any default on the part of the Company in the completion of one or more Units of the Project before the Scheduled Date of Completion thereof or in the construction thereof with equipment substantially inadequate to utilise the full water potential of the Project.

Construction Default means any event, condition or failure which, with notice or lapse of time or both, would become a Construction Event of Default.

Construction Default. As defined in Section 19.2.

Construction Default means capacity that remains uninstalled and/or installed capacity that has failed to achieve the desired PR. i.e. 75% at the end of SCOD of each phase of construction period.

Construction Default shall have the meaning set forth in Section 5.3 hereof.