DELAYED COMPLETION Clause Samples

DELAYED COMPLETION. If the Date of Substantial Completion is after the Target Occupancy Date (as may be extended as provided in Section 2.01(n)) then Tenant shall be entitled, as its sole and exclusive remedies (i) one (1) additional day of free Rental from the Target Occupancy Date (as may be extended as provided in Section 2.01(n)) until the Possession Date, and (ii) if Substantial Completion has not occurred by one hundred twenty (120) days after Target Occupancy Date (as may be extended as provided in Section 2.01(n)) Tenant shall have the right to complete the Tenant Improvements on Landlord’s behalf and at Landlord’s cost, including an oversight fee equal to 15% of the cost incurred by Tenant in completing the Tenant Improvements.

DELAYED COMPLETION. 23.1. If, through no fault of Contractor, final completion of the Work is significantly delayed and if Project Manager so confirms, the City shall, upon receipt of Contractor's final Application for Payment and recommendation of Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required by the Contract Documents, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

DELAYED COMPLETION. (a) If at Completion the Joint Venture Seller is not in a position to transfer the Joint Venture Interest or the Joint Venture Contracts to the Joint Venture Purchaser because the consents and agreements referred to in Clause 14.1(b)) have not been obtained, the transfer of the Joint Venture Interest, the Joint Venture Contracts and the Joint Venture IP shall be deferred, whereupon the provisions of Clauses 14.2 and 14.3 (Exclusion of Joint Venture Interest) shall apply in relation to the Joint Venture Interest, the Joint Venture Contracts and the Joint Venture IP and the completion of their transfer (Delayed Completion) and Completion shall take place in relation to the Business Assets and the Shares. (b) Delayed Completion shall take place on such date as may be agreed between ICI and the Purchaser following notification by the Purchaser to ICI that the consents and agreements referred to in Clause 14.1(b) have been obtained (and, in any event, within 10 Business Days thereafter (the Delayed Completion Date), Back to Contents (c) On the Delayed Completion Date, completion of the transfer of the Joint Venture Interest, the Joint Venture Contracts and the Joint Venture IP shall take place in accordance with Clause 14.2 and Schedule 3 (Completion Arrangements), insofar as they relate to the Joint Venture Interest, which shall apply to such completion as if the Delayed Completion Date were the Completion Date but, for the avoidance of doubt, none of the Initial Payment attributable to the Joint Venture Interest shall be payable on the Delayed Completion Date. (d) ICI shall, subject to Clause 14.3 (Exclusion of Joint Venture Interest), remain subject to a continuing obligation to transfer the Joint Venture Interest, the Joint Venture Contracts and the Joint Venture IP and the provisions of Clause 8 (Conduct until Completion) shall continue to apply in relation to the Joint Venture Interest, the Joint Venture Contracts and the Joint Venture IP until such time as Delayed Completion shall have taken place, or the transfer obligations shall have terminated in accordance with Clause 14.3 (Exclusion of Joint Venture Interest).

DELAYED COMPLETION. 10.1 If completion does not take place on the Completion Date in accordance with this contract due to any reason except the Seller's default, the Buyer shall pay to the Seller on actual completion: (a) the sum of £250 plus VAT in respect of the reasonable costs of the Seller's Conveyancer of preparing and serving any notice to complete lawfully served under Condition 6.8; (b) any additional removal, storage and delivery costs reasonably incurred as a result of the delay; (c) the reasonable costs of temporary accommodation for the Seller and his household 10.2 The provisions of this clause 10 are without prejudice to any other rights of the parties in relation to any delay in completion.

DELAYED COMPLETION. 11.1 The Parties acknowledge that not all of the Business Assets may be capable of being transferred to the JV Companies at Completion. 11.2 Provided the Conditions Precedent have been fulfilled and the Business Assets in the Significant Jurisdictions are capable of being transferred to the JV Companies then Completion may occur notwithstanding that the Business Assets in the remaining jurisdictions may not be transferred at Completion 11.3 The Parties shall use all reasonable endeavours to procure that any Business Assets not transferred at Completion are transferred to the relevant JV Company as soon as practicable following Completion and in any event prior to the NXP Longstop Date (“Delayed Completion”). 11.4 In respect of any Business Assets subject to Delayed Completion: (A) Clauses 10.2(A)(i) or 10.2(B)(i) shall not apply at Completion but shall apply at Delayed Completion; (B) Clause 6 shall continue to apply to the Business Assets pending Delayed Completion; and (C) so far as lawful, the Business Assets shall be held on trust for the relevant JV Company.

DELAYED COMPLETION. If the Additional Premises is not Substantially Completed on or before the Scheduled Additional Premises Commencement Date, then except as otherwise provided in Section 6 hereof with respect to delays in Substantial Completion of the Additional Premises caused by Tenant Delays, (a) as Tenant’s sole and exclusive remedy, the obligation of Tenant to pay Rent shall not commence until the date the Additional Premises is Substantially Completed (or such earlier date as Tenant occupies the Additional Premises), and (b) Landlord shall not be liable to Tenant for any loss, cost or damage arising from such delay.

DELAYED COMPLETION. The parties agree that in the event that prior to the Completion Date:

DELAYED COMPLETION. If Landlord fails to: (a) obtain by July 1,1997 the building permit required by local governmental authorities for construction of the Office Facility (not including Tenant's Build Out) (the "Building Permit"), or (b) commence construction of the Building within fifteen (15) days after obtaining the Building Permit and thereafter continue to diligently pursue construction, then Tenant may terminate this Lease by delivering written notice to Landlord setting forth Tenant's reason for terminating and giving Landlord 15 days to cure; if Landlord fails to cure, the Lease shall be terminated. Landlord shall deliver a copy of the Building Permit to Tenant promptly after Landlord obtains it and shall notify Tenant in writing of the day that construction commences. On or before October 15, 1997, Landlord shall deliver written notice to Tenant informing Tenant when Landlord reasonably expects the Commencement Date to occur. If the Commencement Date occurs later than May 1,1998, Tenant will be constrained from adding new employees and growing its business as expected and may have to move to temporary premises or pay holdover rent. Landlord therefore agrees, if the Commencement Date has not occurred by May 1,1998, Landlord shall pay Tenant the sum of $1333 per day from May 1,1998 through the Commencement Date. Landlord shall pay these sums by giving Tenant a credit against future rents (the rents due the soonest under this Lease), unless the Commencement Date has not occurred by August 31, 1998, in which event Landlord shall immediately pay all such accrued sums to Tenant in cash and shall continue to pay such sums to Tenant in cash on a weekly basis as they accrue.

DELAYED COMPLETION. Any proceeds of the Term Advances drawn at Completion to be applied in discharging the purchase price for any Delayed Completion shall be paid to the credit of a Cash Collateral Account in the name of UK ▇▇▇▇▇ until so applied. In the event that such proceeds are not applied in discharging the purchase price for such Delayed Completion in accordance with the terms of the Acquisition Agreement, the relevant Borrower shall apply such proceeds in prepayment of the Facilities in accordance with Clause 8.5 (Prepayments: Order of Application).