OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH Clause Samples

OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. 5.1.1 Concessionaire takes the Facilities set forth in Exhibits "A" and “B” in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, it shall demolish, design, and build out the Facilities set forth in Exhibit “A” (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases in accordance with demolition and build out schedules which have been approved in writing and in advance by the Director but which do not exceed the deadlines set forth below. **[Any special conditions/circumstances relating to design/construction to be set forth here]** Concessionaire shall demolish, design and build out so that each Facility is fully operational by the following dates: Identity of Facilities and deadlines placed here
View SourceView Similar (4)
OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. Concessionaire acknowledges that the Facilities set forth in Exhibit A and Exhibit B are part of the City's International Terminal Redevelopment Project ("ITRP") and will be made available for development by Concessionaire upon substantial completion of the construction elements of ITRP allowing for access to the area, planned between 2023 and 2026. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or construction. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
View SourceView Similar (4)
OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. 4.1.1. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, if Concessionaire decides to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve AS NEEDED refurbishments and or construction.. 4.1.2. As needed, Concessionaire shall submit to the Director fully complete and ready to bid plans and specifications (which could include design for replacement of all existing plumbing and drainage elements, including but not limited to grease lines, grease traps, and retail preparation area floor coverings for all phases of construction, together with fully developed demolition and build out schedules (inclusive of start dates for demolition and construction, the sequencing of work by trade, milestones, dates of substantial completion, and the date Concessionaire will begin operating its Concession in each Facility)) for all the Facilities set forth in Exhibit A in a timely manner to ensure that the deadlines set forth in Section 4.1.1. are met, taking into account time for permitting and the Director’s review and
View Source

Related to OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH

  • BUILDER’S RISK FOR CONSTRUCTION RENOVATION PROJECTS If the project is CONSTRUCTION RENOVATION of an existing structure, and the State has already determined that Contractor will not be obligated to obtain and maintain Builder’s Risk insurance, then the following provisions apply: (1) The State will maintain property insurance upon the construction site and will not require Contractor to purchase and maintain Builder's Risk Insurance upon the entire work at the site. (2) The decision of the State to waive the requirement that the Contractor maintain builder’s risk coverage does not waive Contractor’s liability for damage to the State’s real and personal property. Contractor’s liability for loss to the State’s real and personal property will be limited to the first $100,000 of each and every property loss at the work site provided such loss is covered under the State’s property insurance coverage. If the Contractor elects to meet this obligation by purchase of commercial insurance, this insurance shall name the Contractor and the State of Vermont as Named Insureds and shall include the interests of the Contractor and Subcontractors. Other parties shall be insured as the State may reasonably require. (3) Contractor shall effect and maintain insurance on portions of the work stored off-site, on site and in transit. Boiler & Machinery Insurance may be used in conjunction with this coverage if it is required to meet the testing requirement. The cost of any deductible applicable to loss covered by insurance provided hereunder shall be borne by the Contractor. (4) Except as provided for in 11.2.2 (1)-(3) above the State and Contractor waive all rights against each other and the Subcontractor, Sub-subcontractors, agents and employees of the other.

  • 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.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • BUILDER’S RISK FOR NEW CONSTRUCTION PROJECTS If the project is NEW CONSTRUCTION, then the following provisions apply: (1) The State will require Contractor to purchase and maintain Builder's Risk Insurance. The Contractor shall name the Contractor and the State of Vermont as their interest may occur. Other parties shall be insured as the State may reasonably require. (2) Contractor shall effect and maintain insurance on portions of the work stored off-site, on site and in transit. Boiler & Machinery Insurance may be used in conjunction with this coverage if it is required to meet the testing requirement. (3) Any deductible applicable to loss covered by insurance provided hereunder shall be borne by the Contractor. (4) Except as provided for in (1) above the State and Contractor waive all rights against each other and the Subcontractor, Sub-subcontractors, agents and employees of the other.