Resolution of Construction Related Disputes Sample Clauses

Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding completion of the Pre-Delivery Work or other portions of Landlord’s Work, the date of Substantial Completion of the Tenant Improvements, or the occurrence of an instance of Force Majeure, Landlord Delay, Tenant Delay of Pre-Delivery Work, Tenant Caused Substantial Completion Delay, or any other issues regarding the commencement, completion or delays in the performance of Landlord’s Work or the Tenant Improvements or regarding rent abatements or cost reimbursements due in connection Landlord’s Work or the construction of the Tenant Improvements, then if such disagreement is not resolved within thirty (30) days, either party may require that such disagreement be submitted by the parties to a dispute resolution procedure mutually and reasonably agreed to by the parties, which may be JAMS or another reputable dispute resolution group or may be a mutually agreed upon expert acting independently, provided that any expert retained in connection with the resolution of a dispute regarding completion of Landlord’s Work shall be an independent general contractor with not less than fifteen (15) years experience in construction projects such as the construction of Landlord’s Work and any expert retained in connection with the Substantial Completion of the Tenant Improvements, shall be an independent architect with not less than fifteen (15) years experience as an architect for projects such as, or similar to, the Tenant Improvements. The parties shall agree upon the dispute resolution procedure and expert(s) within thirty (30) days following the date that the parties have agreed to resolve such disagreement pursuant to this Paragraph 4.n. The decision reached through the dispute resolution procedure shall be binding on the parties. Each party shall bear one-half (1/2) of the cost of the dispute resolution procedure.
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Resolution of Construction Related Disputes. In the event of any dispute pertaining directly to the parties’ respective obligations under this Article II, such dispute shall be submitted to binding arbitration in accordance with the following provisions; provided, however, that prior to submission to arbitration, representative of the Landlord and the Tenant, with full settlement authority, will be required to meet on at least two occasions, with appropriate consultants or other advisors, and shall make a good faith effort to resolve any such dispute; provided further, that if such meetings do not occur within thirty (30) days of demand by one of the parties, or if such meetings do occur and the dispute is not resolved , the arbitration shall nonetheless proceed. All delays occasioned by such arbitration shall constitute Excused Delay.
Sample 1
Resolution of Construction Related Disputes. Disputes between the parties concerning the interpretation or application of this Agreement or any matter relating to the subject matter of this Agreement shall be submitted to mediation on an expedited basis following demand by either party, unless the parties shall mutually agree otherwise, and shall take place in Dallas, Texas, utilizing a mutually approved mediator, or, if the parties are unable to reach agreement as to an acceptable mediator within three (3) business days after a party's notice of submittal to mediation, then utilizing a mediator appointed by the President of the Dallas Chapter of SIOR. The parties shall use their best good faith efforts to cause the mediation to occur no later than fifteen (15) business days after a party's demand for mediation. Each party shall pay its own attorneys' fees and costs of the mediator's services shall be paid in equal shares by the parties. In the event that the parties are unable to resolve their disputes through mediation within forty five (45) days after a party's initial demand for mediation, such remaining disputes shall be submitted to binding arbitration ("Binding Arbitration") before a single arbitrator. The Binding Arbitration shall be conducted under the rules for construction-related disputes of the American Arbitration Association on an expedited basis, unless the parties shall mutually agree otherwise, and shall take place in Dallas, Texas. The arbitrator shall have the discretion to award attorneys' fees and arbitration costs to either party based on facts in evidence, but in the absence of such an award, each party shall pay its own attorneys' fees and arbitration costs shall be paid in equal shares by the parties. 38 EXHIBIT "C-1" PURCHASE AND SALE AGREEMENT BETWEEN SELLER AND BUYER PROJECT MODEL OUTLINE SPECIFICATIONS OPTIONAL ITEMS 2828 XXXXX XXXXXX XX. XXXXXXXX XXXXXXXX #0 NOT NOW INCLUDED FEATURE BUILDING #6 SELLER'S IMPROVEMENTS IN SELLER'S IMPROVEMENTS --------------------------------- ------------------------------------ ---------------------------------- 1. PURCHASE Original quote $17,782,000 PRICE: + Buyer Elections $ 1,572,974 ----------- Total PP $19,354,974 All cash at Closing. Plus a contingency amount to be determined not to exceed $75,000 that is equal to the added cost of pumping concrete and/or utilizing lime stabilization to construct the floor slab and site paving. --------------------------------- ------------------------------------ ----------------------------------...
Sample 1
Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding if or when the 9th Floor Additional Premises were delivered in Delivery Condition, the date of Substantial Completion of the 9th Floor Initial Alterations, or the occurrence of an instance of Force Majeure, Landlord Delay, or any other issues regarding the commencement, completion or delays in the performance of the 9th Floor Landlord’s Work or the 9th Floor Initial Alterations or regarding disbursements of the 9th Floor Alterations Allowance or the 9th Floor Additional Allowance, then if such disagreement is not resolved within thirty (30) days, the provisions of Paragraph 4.f. of the Lease shall apply to such dispute.
Sample 1

Related to Resolution of Construction Related Disputes

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

  • General Rules of Construction For all purposes of this Agreement: (i) the terms defined in this Agreement include the plural as well as the singular; (ii) all references in this Agreement to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and other subdivisions of the body of this Agreement; (iii) pronouns of either gender or neuter include, as appropriate, the other pronoun forms; (iv) the words "herein," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (v) "or" is not exclusive; (vi) "including" and "includes" will be deemed to be followed by "but not limited to" and "but is not limited to," respectively; (vii) any definition of or reference to any law, agreement, instrument or other document herein will be construed as referring to such law, agreement, instrument or other document as from time to time amended, supplemented or otherwise modified; and (viii) any definition of or reference to any statute will be construed as referring also to any rules and regulations promulgated thereunder.

  • Other Rules of Construction (i) References in this Agreement to any gender shall include references to all genders. Unless the context otherwise requires, references in the singular include references in the plural and vice versa. References to a party to this Agreement or to other agreements described herein means those Persons executing such agreements.

  • Manner of Construction Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and the requirement that upon Landlord’s timely request (as more particularly set forth in Section 8.5, below), Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term in accordance with the terms of Section 8.5, below. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San Francisco, all in conformance with Landlord’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires:

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Application of construction and interpretation provisions of Loan Agreement Clauses 1.2 and 1.5 of the Loan Agreement apply, with any necessary modifications, to this Agreement.

  • Definitions Certain Rules of Construction As used herein, the following terms will have the following meanings:

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