Failure to Prosecute Work Sample Clauses

Failure to Prosecute Work. Design-Builder fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion or Final Completion within the Guaranteed Completion Date(s);
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Failure to Prosecute Work. 11.1. Time and quality of work shall be of the essence of this Contract. In case CONTRACTOR at any time shall fail in any way to prosecute the work herein provided for with reasonable diligence and in a good, workmanlike and safe mariner, COMPANY at its option upon three days written notice delivered to CONTRACTOR, or its representative, or deposited in a registered mail or courier service for which receipt is returned, terminate the work hereunder and thereafter proceed with action for damages, or in the alternative, by its own employees, or by separate independent contract, take control of this work for the purpose of completing the same, furnishing all additional; labor, materials and equipment required except for that equipment or materials which were previously furnished by or bought by COMPANY for CONTRACTOR'S performance of work and services hereunder. In the latter event, CONTRACTOR *CONFIDENTIAL TREATMENT REQUEST. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE COMMISSION. EXHIBIT 10.32 shall be entitled, upon completion of the work, to the difference between the Contract price and the reasonable cost and expense incurred by COMPANY in finishing said work. If such cost of completion should exceed the Contract price, CONTRACTOR agrees to pay the excess to COMPANY as liquidated damages agreed upon by the parties hereto in consideration of the difficulty of ascertaining the actual damages by other means. If Contractor contends that its performance is being delayed by COMPANY in any way, it shall notify COMPANY in writing immediately of the exact nature of such claim or be held to have waived same.
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Failure to Prosecute Work. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or
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Failure to Prosecute Work. At any time during prosecution of Work should Developer directly or indirectly through Contractors refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the Work so that there is Substantial Completion of the Work by expiration of the Agreement Time, then County may require Developer to accelerate the Work and/or furnish additional qualified workers or materials as County may consider necessary, at no cost to County, through issuance of a written notice.
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Related to Failure to Prosecute Work

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Notice of Litigation, Right to Prosecute, Etc No Fund shall be liable for indemnification under this Section 5.03 unless a Person shall have promptly notified such Fund in writing of the commencement of any litigation or proceeding brought against such Person in respect of which indemnity may be sought under this Section 5.03. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Person, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided however, a Person shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Person with respect to such litigation or proceeding. If such Fund is not permitted to participate or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Person shall reasonably prosecute such litigation or proceeding. A Person shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent. All Persons shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request.

  • Prosecution of Work The execution of this Agreement shall constitute Consultant's authority to proceed immediately with the performance of this Agreement. Performance of the services hereunder shall be completed within the time required herein, provided, however, that if the performance is delayed by earthquake, flood, high water, or other Act of God or by strike, lockout, or similar labor disturbances, the time for Consultant's performance of this Agreement shall be extended by a number of days equal to the number of days Consultant has been delayed.

  • Development Diligence Pfizer will use its Commercially Reasonable Efforts to Develop and seek Regulatory Approval for one Product in the Field in [***]. Pfizer will have no other diligence obligations with respect to the Development or Regulatory Approval of Products under this Agreement.

  • Outside Work All work necessary to the assembling, installation, erection, operation, maintenance, repair, control, in- spection and supervision of all electrical apparatus, devices, wires, cables, supports, insulators, conduc- tors, ducts and raceways when part of distributing systems outside of buildings, railroads and outside the directly related railroad property and yards. In- stalling and maintaining the catenary and trolley work on railroad property, and bonding of rails. All underground ducts and cables when they are in- stalled by and are part of the system of a distrib- uting company, except in power stations during new construction, including ducts and cables to adjacent switch racks or substations. All outdoor substations and electrical connections up to and including the setting of transformers and the connecting of the secondary buses thereto. Outside work to include renewable electrical energy sources such as solar photovoltaic, geothermal, wind, biomass, wave, etc., and other distributed en- ergy installations such as fuel cells, microturbines, etc.