ACCELERATION OF THE WORK Sample Clauses

ACCELERATION OF THE WORK. § 3.4.1 If during the course of construction the Owner or Architect determines that the performance of the Work has not progressed or reached the level of completion required by the current, approved Construction Schedule, the Owner shall have the right to order the Contractor to take corrective measures as necessary to restore the progress of the construction to the requirements of such schedule, including but not limited to (1) working additional shifts or overtime, (2) finishing additional labor, services, materials, equipment and facilities and (3) other similar acceleration measures. The costs incurred by the Contractor pursuant to this Section 3.4.1 shall be paid by the Contractor. § 3.4.2 In the circumstances referenced in Section 3.4.1, and without limiting the Owner’s rights under that Section, upon demand by the Owner the Contractor shall prepare and submit to the Owner and Architect a Recovery Schedule, in a form and providing sufficient detail to explain and display how the Contractor intends to reschedule the Work to regain compliance with the Construction Schedule during an agreed Recovery Period. § 3.4.2.1 Within seven (7) days after the Contractor’s receipt of the Owner’s demand for a Recovery Schedule, the Contractor shall present the Recovery Schedule to the Owner and Architect. The Recovery Schedule shall represent the Contractor’s best judgment as to how the Work should be made to comply with the Construction Schedule within the agreed Recovery Period. The Recovery Schedule shall be prepared to a similar level of detail as the Contractor’s construction schedule. § 3.4.2.2 Five (5) days prior to the expiration of the agreed Recovery Period, the Owner, Architect and Contractor shall confer to determine whether the Contractor has regained compliance with the Construction Schedule. If in the opinion of the Owner the Contractor is still not in compliance with the Construction Schedule, the Contractor shall prepare another Recovery Schedule pursuant to Sections 3.4.2 and 3.4.2.1, to take effect during the immediate subsequent agreed Recovery Period. If in the opinion of the Owner the Contractor has regained compliance with the Construction Schedule, the use of the Construction Schedule shall be resumed.
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ACCELERATION OF THE WORK. 46.1 If Contractor’s rate of progress is such that the total amount of Work and/or the degree of completion of the Work accomplished by Contractor and its Subcontractors within any time period required by the Construction Schedule or the Contract Documents is less than the amount therein specified to be completed within such time, and it reasonably appears that Contractor and its Subcontractors will be unable to achieve completion of Milestones by the dates set forth in the Construction Schedule or Substantial Completion of the Work by the Date of Substantial Completion, Owner may notify Contractor of the same and, in such event, Contractor shall have the duty to demonstrate to Owner that, based upon its estimate of the remainder of the Construction Schedule and potential for early completion of portions of the Work, Contractor will be able to achieve completion of Construction Schedule, Milestone(s) and Substantial Completion of the Work on or before the Date of Substantial Completion. If Owner, acting reasonably, does not agree that Contractor has demonstrated its ability to achieve completion of Construction Schedule, Milestone(s) or Substantial Completion of the Work on or before the Date of Substantial Completion, Owner may direct Contractor to accelerate the Work by issuing a notice to Contractor pursuant to this Section 46. Upon such direction, Contractor shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule. If the anticipated delay results from an Excusable Event of Delay under the Agreement, Contractor will be entitled to compensation for costs actually incurred as a direct result of such acceleration. 46.2 In addition to Owner’s right to accelerate the Work pursuant to Section 46.1, Owner may direct Contractor to accelerate the Work without cause by issuing a written notice to Contractor requesting such acceleration. If the Owner directs acceleration pursuant to this Section and that acceleration causes Contractor to incur additional costs, Contractor expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order equal to the actual costs reasonably incurred directly by reason of the acceleration less any reduction in costs due to the shorter overall Construction Schedule. Owner shall not be required to pay any costs incurred pursuant to this Section 48 and Contractor shall be deemed to have waive...
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ACCELERATION OF THE WORK. Construction Manager shall notify Owner promptly if the Work, or any portion thereof, will not be completed within the time provided in the Project Schedule for any reason including, but not limited to, an Excusable Delay or an Owner-Caused Delay as described in Section 11.7. If Construction Manager so notifies Owner, or if, in the opinion of Owner reasonably exercised, Construction Manager falls behind in the Project Schedule for any cause within the reasonable control of Construction Manager, Construction Manager shall take appropriate action to regain the Project Schedule, and shall, if requested by Owner, submit a Recovery Plan to demonstrate the manner in which the lost time may be regained. Such actions on the part of Construction Manager shall not result in an increase in the GMP.
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ACCELERATION OF THE WORK. 3.3.1 If due to causes within CONTRACTOR’S control, CONTRACTOR’s rate of progress is such that the amount of Work within any time period required by the Construction Schedule is less than the amount therein specified to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the Milestone(s) by the Milestone Date(s), Substantial Completion of the Work by the Scheduled Date of Substantial Completion or Final Completion of the Work by the Scheduled Date of Final Completion, OWNER may direct CONTRACTOR to accelerate the Work by issuing a notice to accelerate. Upon such notice, CONTRACTOR shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule and CONTRACTOR shall not be entitled to an increase in the Contract Sum as a result thereof. 3.3.2 In addition to OWNER’s right to accelerate the Work pursuant to Paragraph 3.3.1, OWNER may direct CONTRACTOR to accelerate the Work without cause by issuing a written notice to CONTRACTOR requesting such acceleration. CONTRACTOR expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order in the amount of the costs incurred directly by the Subcontractors as a result of the acceleration.
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ACCELERATION OF THE WORK. With or without the occurrence of a delay in the performance of the Work, FedEx may direct that Contractor accelerate the progress of the Work by means of requiring its forces and those of its Subcontractors to work overtime, by adding, or causing its Subcontractors to add, additional crews or shifts, or by re-sequencing the Work. Promptly following its receipt of FedEx’s request in which FedEx specifies the portion of the Work that FedEx wishes to accelerate and the time within which FedEx wishes to achieve the completion of that portion of the Work, Contractor shall provide FedEx with its recommendations for an effective and economical acceleration of the Work. Contractor’s recommendation will include a comparison that Contractor prepares in a format acceptable to FedEx and that shows the planned progress in the Work that will occur if the acceleration does not occur and the planned progress in the Work that will occur if the acceleration does occur. If ▇▇▇▇▇ wishes to advance the Substantial Completion Date then applicable to the Work, Contractor’s recommendation will also include a statement that sets forth in detail, with a suitable breakdown by trades and work classifications, the adjustments in the Contractor’s Fee that must occur in order for Contractor to be able to achieve the degree of progress reflected in ▇▇▇▇▇’s request. In formulating that statement, Contractor must take into account the impact of the labor inefficiency, if any, that will be associated with the acceleration that is under consideration.
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ACCELERATION OF THE WORK. If the Contractor fails to perform as required by the Contract schedule, the Owner may require the Contractor to accelerate its Work by adding workers or working additional shifts, extended shifts or overtime, so that the Work is in final form before the Date for Final Completion. If the Owner requires the Contractor to accelerate its Work, the Contractor shall take the required action within two days of the Notice. If the acceleration is not due to fault of the Contractor, Owner shall issue a Change Order increasing the Contract Sum to pay the Contractor for the Contractor’s additional costs of accelerating its Work so that the Work is in final form before the Date for Final Completion. If there is a dispute as to whether the Contractor is entitled to a Change Order for accelerating its Work, the Contractor shall proceed to accelerate its Work without waiting for a Change Order or payment of any additional compensation, but may reserve its right to make a claim against the Owner for its additional costs incurred in accelerating its Work. The Contractor’s additional costs for accelerating its Work shall be determined in accordance with Paragraph 5.2.2.
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Related to ACCELERATION OF THE WORK

  • Acceleration Termination of Facilities Terminate the Commitment and declare the principal of and interest on the Loans and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by each Credit Party, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(i) or (j), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by each Credit Party, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.

  • Acceleration of the Obligations Upon or at any time after the occurrence and during the continuance of an Event of Default, (i) the Revolving Loan Commitments shall, at the option of Agent or Majority Lenders be terminated and/or (ii) Agent or Majority Lenders may declare all or any portion of the Obligations at once due and payable without presentment, demand protest or further notice by Agent or any Lender, and Borrowers shall forthwith pay to Agent, the full amount of such Obligations, provided, that upon the occurrence of an Event of Default specified in subsection 10.1.8 hereof, the Revolving Loan Commitments shall automatically be terminated and all of the Obligations shall become automatically due and payable, in each case without declaration, notice or demand by Agent or any Lender.

  • Termination of the Plan Any other provi- sion of this plan to the contrary notwith- standing, no benefit will be paid for charges incurred by a participant or former par- ticipant after the termination of this plan.

  • Optional Acceleration Subject to Section 7.03, if an Event of Default (other than an Event of Default set forth in Section 7.01(A)(ix) or 7.01(A)(x) with respect to the Company and not solely with respect to a Significant Subsidiary of the Company) occurs and is continuing, then the Trustee, by notice to the Company, or Holders of at least twenty five percent (25%) of the aggregate principal amount of Notes then outstanding, by notice to the Company and the Trustee, may declare the principal amount of, and all accrued and unpaid interest on, all of the Notes then outstanding to become due and payable immediately.

  • Termination of the Trust The respective obligations and responsibilities of the Company, the Guarantor and the Trustee with respect to the Trust shall terminate upon the earlier of (A) the completion of the assignment, transfer and discharge described in the first sentence of the immediately following paragraph and (B) distribution to all Holders of the Certificates and the Trustee of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property; PROVIDED, HOWEVER, that in no event shall the Trust continue beyond one hundred ten (110) years following the date of the earliest execution of this Agreement. Upon the earlier of (i) the first Business Day following January 31, 1999, or, if later, the fifth Business Day following the Delivery Period Termination Date and (ii) the fifth Business Day following the date on which a Triggering Event occurs (such date, the "Transfer Date"), or, if later the date on which all of the conditions set forth in the immediately following sentence have been satisfied, the Trustee is hereby directed (subject only to the immediately following sentence) to, and the Company shall direct the institution that will serve as the Related Trustee under the Related Pass Through Trust Agreement to, execute and deliver the Assignment and Assumption Agreement, pursuant to which the Trustee shall assign, transfer and deliver all of the Trustee's right, title and interest to the Trust Property to the Related Trustee under the Related Pass Through Trust Agreement. The Trustee and the Related Trustee shall execute and deliver the Assignment and Assumption Agreement upon the satisfaction of the following conditions: (i) The Trustee, the Related Trustee and each of the Rating Agencies (as defined in the Intercreditor Agreement) then rating the Certificates shall have received an Officer's Certificate and an Opinion of Counsel dated the date of the Assignment and Assumption Agreement and each satisfying the requirements of Section 1.02, which Opinion of Counsel shall be substantially to the effect set forth below and may be relied upon by the Beneficiaries (as defined in the Assignment and Assumption Agreement): (a) upon the execution and delivery thereof by the parties thereto in accordance with the terms of this Agreement and the Related Pass Through Trust Agreement, the Assignment and Assumption Agreement will constitute the valid and binding obligation of each of the parties thereto enforceable against each such party in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor's rights generally and to general principles of equity); (b) upon the execution and delivery of the Assignment and Assumption Agreement in accordance with the terms of this Agreement and the Related Pass Through Trust Agreement, each of the Certificates then Outstanding will be entitled to the benefits of the Related Pass Through Trust Agreement; (c) the Related Trust is not required to be registered as an investment company under the Investment Company Act of 1940, as amended; (d) the Related Pass Through Trust Agreement constitutes the valid and binding obligation of the Company enforceable against the Company in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor's rights generally and to general principles of equity); and (e) neither the execution and delivery of the Assignment and Assumption Agreement in accordance with the terms of this Agreement and the Related Pass Through Trust Agreement, nor the consummation by the parties thereto of the transactions contemplated to be consummated thereunder on the date thereof, will violate any law or governmental rule or regulation of the State of New York or the United States of America known to such counsel to be applicable to the transactions contemplated by the Assignment and Assumption Agreement. (ii) The Trustee and the Company shall have received (x) a copy of the articles of incorporation and bylaws of the Related Trustee certified as of the Transfer Date by the Secretary or Assistant Secretary of such institution and (y) a copy of the filing (including all attachments thereto) made by the institution serving as the Related Trustee with the Office of the Superintendent, State of New York Banking Department for the qualification of the Related Trustee under Section 131(3) of the New York Banking Law. Upon the execution of the Assignment and Assumption Agreement by the parties thereto, the Trust shall be terminated, the Certificateholders shall receive beneficial interests in the Related Trust in exchange for their interests in the Trust equal to their respective beneficial interests in the Trust, and the Outstanding Certificates representing Fractional Undivided Interests in the Trust shall be deemed for all purposes of this Agreement and the Related Pass Through Trust Agreement, without further signature or action of any party or Certificateholder, to be certificates representing the same fractional undivided interests in the Related Trust and its trust property. By acceptance of its Certificate, each Certificateholder consents to such assignment, transfer and delivery of the Trust Property to the trustee of the Related Trust upon the execution and delivery of the Assignment and Assumption Agreement. In connection with the occurrence of the event set forth in clause (B) above, notice of such termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Trustee for payment of the final distribution and cancellation, shall be mailed promptly, upon notice to the Trustee, by the Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution specifying (A) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of Certificates at the office or agency of the Trustee therein specified, (B) the amount of any such proposed final payment, and (C) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Trustee therein specified. The Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) pursuant to Section 4.02. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years (or such lesser time as the Trustee shall be satisfied, after sixty days' notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Trustee shall pay to each Loan Trustee the appropriate amount of money relating to such Loan Trustee and shall give written notice thereof to the related Owner Trustees and the Company.