Construction Delay definition

Construction Delay means delays in construction of the Leasehold Improvements attributable to (i) strikes, lockouts, labor troubles, inability to procure materials, power failure, restrictive governmental laws or regulations, civil disturbances, war, acts of terrorism, failure to secure permits within the normal time frames, lightening, earthquake, fire, storm, hurricane, tornado, flood, explosion and any other similar cause beyond the reasonable control of Lessee, or (ii) material interference by Lessor; provided, however, as a condition to claiming the benefit of any extension of the Outside Request Date due to such Construction Delay, Lessee shall provide Lessor with written notice of such Construction Delay, within thirty (30) days of Lessee’s knowledge thereof and the nature of its impact upon Lessee’s completion of the Leasehold Improvements and Lessee shall thereafter keep Lessor regularly informed of the status of such Construction Delay and its impact upon the completion of the Leasehold Improvements.
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Construction Delay has the meaning set forth in Paragraph 25.3.2 below.
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Construction Delay means any delay caused by an act or omission of either party, any tenant, or their respective employees, agents, contractors or subcontractors in connection with the design and construction of the Mall Improvements that is deemed a Construction Delay under this Agreement.
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Examples of Construction Delay in a sentence

  • Within five (5) Business Days following any draw by Buyer on the Development Security, including for payment of Construction Delay Damages or COD Delay Damages, Seller shall replenish the amount drawn such that the Development Security is restored to the amount specified on the Cover Sheet.

  • Seller shall include a request for refund of the Construction Delay Damages with the first invoice to Buyer after Commercial Operation.

  • If Seller achieves Commercial Operation for the Facility to occur by the Guaranteed Commercial Operation Date, all Construction Delay Damages paid by Seller shall be refunded to Seller.

  • This fee will entitle ▇▇▇▇▇ to Construction Delay Protection for each Transponder as set out in Article 9, and Launch Protection, as set out in Article 10, in the event of construction delay or launch vehicle delay or Launch Failure.

  • In addition, a prepaid Construction Delay Protection and Launch Protection fee will be required.

  • Any delay in the Work Schedule from the Improvements caused directly and specifically by a Change Order initiated or caused by Tenant will be a Construction Delay.

  • Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above.

  • In the event that Mall II Buyer and Developer, despite good faith efforts, have not agreed upon an Initial Demising Wall Plan by such date, the same shall constitute a Construction Delay (the duration of which shall be one (1) day for each day after said six (6) month period that the parties shall have failed to agree on an Initial Demising Wall Plan).

  • Builder will be entitled to a Change Order and, if applicable, extension of time to complete the Work for existing site conditions resulting in an increased cost or Construction Delay, and Builder will provide notice to Customer of such costs or delay pursuant to Section 10.

  • In no event will the aggregate amount of Construction Delay Damages paid by the Seller to Buyer exceed ***** dollars (US$*****).


More Definitions of Construction Delay

Construction Delay means any of the following:
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Construction Delay means delays incurred by reason of Tenant's failure to deliver the Operation Plan by August 1, 1999, Tenant's failure to approve the Plans and Specifications as set forth in Section 17(a) or changes requested by Tenant in the Plans and Specifications after Tenant's approval thereof, and for such additional time as is equal to the time lost by Landlord or Landlord's contractors or suppliers in connection with the performance of Landlord's work and/or the construction of the Demised Premises and related improvements due to industry-wide strikes or other labor troubles that are not specific to Landlord or the Demised Premises, governmental restrictions and limitations not known to Landlord (or reasonably capable of being known to Landlord) as of the Lease Date, war or other national emergency, non-availability of materials or supplies, delay in transportation, accidents, floods, fire, damage or other casualties, weather or other conditions, acts or omissions of Tenant, or delays by utility companies in bringing utility lines to the Demised Premises to the extent not resulting from Landlord's failure to order or apply for the same in a timely manner. For purposes of this Lease, the term "substantial completion" or any grammatical variation thereof shall mean sufficient completion of construction of the Demised Premises in accordance with the Plans and Specifications (including the Performance Specifications) so that Tenant can lawfully occupy the Demised Premises for the uses permitted herein, subject only to minor punchlist items, the completion of which will not interfere with such permitted uses by Tenant, as evidenced by the delivery by Landlord to Tenant of (i) a Certificate of Occupancy or its equivalent (or Temporary Certificate of Occupancy or its equivalent) for the Demised Premises issued by the appropriate governmental authority if so required by applicable law, and (ii) a Certificate of Substantial Completion on standard AIA Form G-704 certified by Landlord's architect, working in good faith together with such duly licensed Tennessee architect, if any, as may be selected by Tenant as Tenant's architect by written notice to Landlord given, if at all, within thirty (30) days of the Lease Date.
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Construction Delay shall have the meaning set forth on Schedule 1-1 attached hereto. Contiguous Remainder Space – “Contiguous Remainder Space” shall have the meaning set forth on Schedule 1-4 attached hereto. Delivery Date – “Delivery Date” shall mean the date that Landlord’s Work is substantially completed. Delay Inception Date – “Delay Inception Date” shall mean, in each applicable instance in this Lease where such term is expressly provided, the date on which an actual delay in Tenant’s performance of Tenant’s Initial Improvements or Tenant’s occupancy of the Demised Premises for the ordinary conduct of Tenant’s business occurs solely as a result of the situation (i.e., failure by Landlord to perform or a Construction Delay) set forth in the applicable instance; provided, however, that no such delay shall be deemed to have occurred prior to the date that is the earlier to occur of the date on which (x) Tenant delivers a notice to Landlord stating that Tenant’s performance of Tenant’s Initial Improvements or Tenant’s occupancy of the Demised Premises for the ordinary conduct of Tenant’s business is actually so delayed, which notice may be sent via e-mail to ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or any other e-mail address provided by Landlord to Tenant from time to time (the “Delay Inception Notice”), and (y) Landlord obtains actual knowledge of the delay; provided that with respect to clause (y) above, in no event shall such date be more than five (5) Business Days prior to Landlord’s receipt of the Delay Inception Notice. Demised Premises – “Demised Premises” shall mean, collectively, the entire rentable area of the FTI Units, as shown on the shaded portion of the plan annexed hereto as Exhibit “A” and made a part hereof. Designated Broker – “Designated Broker” shall collectively mean Colliers International NY LLC and JLL, Inc. Disabilities Act – “Disabilities Act” shall mean, collectively, The Americans with Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. § 12101 et seq. and Local Law 58 of 1988, each as modified and supplemented from time to time, together with all regulations promulgated in connection therewith. Existing Lender – “Existing Lender” shall mean ▇▇▇▇▇ Fargo Bank, National Association. Expansion Notice Date – “Expansion Notice Date” shall have the meaning set forth on Schedule 1-5 attached hereto. Expiration Date – “Expiration Date” shall mean the date set forth in Subsection 2.01B below, as same may be extended pursuant to the ter...
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Construction Delay means the Construction Work is the discontinued due to acts or matters within Property Owner’s control for a period of fifteen (15) or more consecutive days.
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Construction Delay means a material delay in the construction of the New Improvements for the Project that affects the Construction Timetable and is the result of (i) force majeure as described in Section 14.6, or (ii) the inability of the Company, through no fault of its own, to obtain the necessary permits and approvals of the City of Austin, or other governmental entity, in a timely manner.
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Related to Construction Delay

  • Construction Work means any work in connection with⎯

  • Construction project means the same as that term is defined in Section 38-1a-102.

  • Construction Period means the period commencing from the Appointed Date and ending on the date of the Completion Certificate;

  • Construction activity means any clearing, grading or excavation associated with large construction activity or associated with small construction activity.

  • Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of: (1) any unreasonable delay by Tenant in approving the Plans; (2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant; (4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or (5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.