Commencement Delays and Suspension Sample Clauses

Commencement Delays and Suspension. (CLAUSE 8)
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Commencement Delays and Suspension. 31 8.1 Commencement of Works 8.2 Time for Completion 8.3 Programme
Sample 1
Commencement Delays and Suspension. 8.1 Commencement of Works The Employer shall have satisfied the following precedent conditions in respect of each Section that is to be constructed by the Contractor pursuant to this Sub-Clause: in the case of the items listed in sub-paragraph (a), prior to the Commencement Date for such Section; in the case of the item listed in sub-paragraph (c), by the dates for payment specified in Sub-Clause 2.1 [General Obligations and Rights of Access to the Site]; and, in the case of the items listed in sub-paragraphs (b), (d), (e) and (f), prior to the date for compliance with such conditions precedent specified in the Information Production Schedule and/or the Programme: delivery to the Contractor of reasonable evidence of the Employer’s Financial arrangements (under Sub-Clause 2.4 [Employer’s Financial Arrangements]) and delivery of a letter from the Ministry of Finance of the Country confirming that funds are available to the Employer as specified in Sub-Clause 2.4. If the Employer lacks adequate financial resources for the construction of any Section (excluding Section One and Section Two), the Employer will have the right to postpone the Commencement Date of that Section until sufficient financial resources become available and the provisions of Sub-Clause 8.1 (B) shall apply to any such postponement; possession of the Site and access to such other land as is necessary to perform the Works given to the Contractor together with such Employer’s Consents under (a) of Sub-Clause 1.13 [Compliance with Laws] as required for the commencement of the Works; receipt by the Contractor of the Contractor’s Establishment Payment under Sub-Clause 2.1 [General Obligations and Rights of Access to the Site]; receipt by the Contractor of the Specification ; evidence that all land and water that it is necessary for the Employer to own or have appropriate rights over in order for the Works to be undertaken in accordance with the Contract is in the ownership of the Employer or will be expropriated by the Employer or the Employer will have such appropriate rights by the time necessary to allow the Works to progress in accordance with the Programme; the removal of all existing Utilities on the relevant part of the Site. In the event that there is any delay in satisfaction of any one or more of such precedent conditions in respect of any Section, the Contractor shall (i) be entitled to an extension of the Time for Completion in accordance with Sub-Clause 8.4; and (ii) shall not be en...
Sample 1
Commencement Delays and Suspension. 58 8.1 Commencement of Works 58 8.2 Time for Completion 59 8.3 Programme 59 8.4 Extension of Time for Completion 60 8.5 Delays Caused by Authorities 61 8.6 Rate of Progress 62 8.7 Delay Damages 62 8.8 Suspension of Work 63 8.9 Consequences of Suspension 63 8.10 Payment for Plant and Materials in Event of Suspension 64 8.11 Prolonged Suspension 64 8.12 Resumption of Work 64 9. Tests on Completion 65 9.1 Contractor’s Obligations 65 9.2 Delayed Tests 65 9.3 Retesting 66 9.4 Failure to Pass Tests on Completion 66
Sample 1
Commencement Delays and Suspension 
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Related to Commencement Delays and Suspension

  • Commencement Date Delay Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Tenant Delay If the Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred.

  • Commencement Date The Subcontractor shall be permitted to begin the Services on , 20 (“Commencement Date”).

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Rent Commencement Date The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans: the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

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