No Obligation to Construct Sample Clauses

No Obligation to Construct. Notwithstanding anything to the contrary contained in the Lease or in this Work Letter, Tenant shall not be obligated to (i) commence construction of all or any portion of the Tenant Improvements, or (ii) perform all or any particular portion of the Tenant Improvements described on the Space Plan or approved TI Construction Drawings; provided, however that if Tenant does not construct the Tenant Improvements or constructs only a portion of the Tenant Improvements, the Rent Commencement Date provided for in the Lease shall not be delayed, the amount of Base Rent provided for in the Lease shall not be reduced. Any Tenant Improvements actually constructed by Tenant shall be constructed in accordance with the applicable provisions of this Work Letter. EXHIBIT D TO LEASE ACKNOWLEDGEMENT OF COMMENCEMENT DATE This ACKNOWLEDGEMENT OF COMMENCEMENT DATE is made this 1st day of January, 2009, between ARE-SAN FRANCISCO NO. 29, LLC, a Delaware limited liability company (“Landlord”), and BIOCARDIA, INC., a Delaware corporation (“Tenant”), and is attached to and made a part of the Lease dated September 29, 2008 (the “Lease’), by and between Landlord and Tenant. Any initially capitalized terms used but not defined herein shall have the meanings given them in the Lease. Landlord and Tenant hereby acknowledge and agree, for all purposes of the Lease, that the Commencement Date of the Base Term of the Lease is January 1, 2009 , the Rent Commencement Date is January 1, 2009 and the termination date of the Base Term of the Lease shall be midnight on December 31, 2013. In case of a conflict between the terms of the Lease and the terms of this Acknowledgment of Commencement Date, this Acknowledgment of Commencement Date shall control for all purposes.
Sample 1Sample 2
AutoNDA by SimpleDocs
No Obligation to Construct. This Contract sets forth the terms and conditions for construction of the Utility Improvements, and pass-through from the City to Utility Developer of payments made by other developers to the City for Adjusted Reimbursable Costs of the Utility Improvements. This Contract does not obligate Utility Developer to undertake the Project, and it does not obligate the City to remit Reasonable Infrastructure Payments in the event the Project is not undertaken, or if the Project is not completed within a Reasonable Time Period for Completion.
Sample 1Sample 2
No Obligation to Construct. Notwithstanding any provision in this Agreement to the contrary, Seller and RPMA acknowledge and agree that Buyer has made no commitment to, and has no obligation to, construct the Wind Farm or the Project.
Sample 1Sample 2

Related to No Obligation to Construct

  • No obligation to monitor No Finance Party is bound to monitor or verify the utilisation of a Facility.

  • No Obligation to Pursue Others Bank has no obligation to attempt to satisfy the Obligations by collecting them from any other person liable for them and Bank may release, modify or waive any collateral provided by any other Person to secure any of the Obligations, all without affecting Bank’s rights against Borrower. Borrower waives any right it may have to require Bank to pursue any other Person for any of the Obligations.

  • Governing Law; No Construction Against Drafter This Agreement shall be deemed to be made in the State of Delaware, and the validity, interpretation, construction, and performance of this Agreement in all respects shall be governed by the laws of the State of Delaware without regard to its principles of conflicts of law. No provision of this Agreement or any related document will be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • No Obligation to Mitigate Executive shall not be required to seek other employment or otherwise to mitigate Executive's damages upon any termination of employment; provided, however, that, to the extent Executive receives from a subsequent employer health or other insurance benefits that are substantially similar to the benefits referred to in Section 5(b) hereof, any such benefits to be provided by the Company to Executive following the Term shall be correspondingly reduced.

  • No Obligation to Employ Nothing in the Plan or this Agreement shall confer on Participant any right to continue in the employ of, or other relationship with, the Company or any Affiliate, or limit in any way the right of the Company or any Affiliate to terminate Participant’s employment or other relationship at any time, with or without Cause.

  • No Construction Against Drafting Party The rule of construction that ambiguities are resolved against the drafting party shall not apply to this Lease.

  • No Construction Against Any Party This Agreement is the product of informed negotiations between the Executive and the Company. If any part of this Agreement is deemed to be unclear or ambiguous, it shall be construed as if it were drafted jointly by all parties. The Executive and the Company agree that neither party was in a superior bargaining position regarding the substantive terms of this Agreement.

  • No Obligation to Continue Service This Agreement is not an agreement of consultancy. This Agreement does not guarantee that the Company or its affiliates will retain, or continue to retain, the Participant during the entire, or any portion of the, term of this Agreement, including but not limited to any period during which the Restricted Units are outstanding, nor does it modify in any respect the Company or its affiliate’s right to terminate or modify the Participant’s consultancy or compensation.

Time is Money Join Law Insider Premium to draft better contracts faster.