Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreement, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, and/or street improvements by utilizing the Performance Bond or Construction Cash Deposit. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.
Failure to Commence Construction. Failure by Seller to commence construction of the Selected Project within six (6) months of the later of the Selected Project having secured COP approval or a certificate of environmental compatibility and public need from the New York Public Service Commission.
Failure to Commence Construction. If CCO has not commenced construction of the Sign within 180 days following the receipt by CCO of all Permits and the later of the expiration of all appeal periods or resolution of any appeals with respect thereto, or fails to complete such construction with reasonable diligence once commenced, either CCO or City may terminate this Lease upon providing 30 days written notice to the other Party, provided that, if CCO so terminates, CCO shall pay to the City, as the City’s sole remedy in connection with such termination, a $25,000 termination fee on the effective date of such termination unless CCO’s termination is the result of: (i) CCO’s failure to obtain any of the Permits despite CCO’s commercially reasonable efforts; (ii) any lawsuit having being filed seeking to prohibit the erection or operation of the Sign; (iii) a breach of this Lease or other action by City; or (iv) CCO’s failure to obtain approval of off-site landscape installation. Any provision of this Section to the contrary notwithstanding, if the City delivers to CCO notice of termination in accordance with this Section, such termination shall not be effective if CCO lawfully commences construction of the Sign prior to the effective date of such termination.
Failure to Commence Construction. In the event Landlord has failed to (A) secure the issuance of the site permit to commence the construction of the Building and (B) commence demolition of the existing improvements of the future site of the Building (the “Milestone”) on or before August 1, 2014 (the “Milestone Outside Date”) (which date shall be extended by virtue of “Force Majeure Delay” (as defined below), and any delays caused by Tenant), then Tenant shall have the right to terminate this Lease by written notice to Landlord (“Milestone Failure Termination Notice”) effective upon the date occurring five (5) business days following receipt by Landlord of the Milestone Failure Termination Notice (the “Milestone Termination Effective Date”), in which event Landlord shall return any prepaid rent and the L-C forthwith to Tenant. Should the Milestone be satisfied prior to Tenant’s exercise of the foregoing termination right, however, such termination right shall, in such event, expire and be of no further force or effect upon completion of such Milestone. If Tenant delivers a Milestone Failure Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Milestone Termination Effective Date for a period ending thirty (30) days after the Milestone Termination Effective Date by delivering written notice to Tenant, prior to the Milestone Termination Effective Date, that, in Landlord’s reasonable, good faith judgment, the Milestone will be satisfied within thirty (30) days after the Milestone Termination Effective Date. If the Milestone is satisfied within such thirty (30) day suspension period, then the Milestone Failure Termination Notice shall be of no force or effect, but if the Milestone is not satisfied within such thirty (30) day suspension period, then this Lease shall terminate upon the expiration of such thirty (30) day suspension period. Upon any termination as set forth in this Section 1.4.1, Landlord, KRLP, and Tenant shall be relieved from any and all liability to each other resulting under this Lease. Tenant’s rights to terminate this Lease, as set forth in this Section 1.4.1, shall be Tenant’s sole and exclusive remedy at law or in equity for the failure of the Milestone to have not been satisfied by the Milestone Outside Date.
Failure to Commence Construction. Failure to commence construction of any Phase as required by the Critical Path schedule, as revised from time-to-time pursuant to this Agreement; or
Failure to Commence Construction. Lessee fails to commence construction of the Project within two (2) years of the Commencement Date;
Failure to Commence Construction. Upon a Developer Default, which results in the Developer’s failure to Commence Construction of the Project, as required in this Development Agreement, the DDA shall be entitled to the following remedies, as its sole and exclusive remedies for such Developer Default:
Failure to Commence Construction. Section 13.1(g) of the Agreement is hereby revised to read follows:
Failure to Commence Construction. In the event Gran Central shall have failed to commence physical construction of the Interchange Improvements by July 1, 2004 (the "Interchange Commencement Date"), the City may, at its option, terminate this Agreement and any amounts deposited in the Investment Recoupment Fund shall be retained by the City and the parties shall be relieved of any further obligations under this Agreement; provided, however, the Interchange Commencement Date shall be automatically extended for any period during which Gran Central shall diligently pursue the defense or appeal of any judicial or administrative
Failure to Commence Construction. The Borrower shall fail to deliver on or before September 30, 2011, a written certification to DOE that Commencement of Construction has occurred. For the avoidance of doubt, each clause of this Section 8.1 shall operate independently, and the occurrence of any such event shall constitute an Event of Default.
