Performance of Work by Owner Clause Samples

The 'Performance of Work by Owner' clause defines the circumstances under which the project owner may undertake certain portions of the work themselves or hire separate contractors to do so. Typically, this clause outlines the types of work the owner may perform, the process for notifying the primary contractor, and any coordination requirements to avoid interference or delays. Its core function is to clarify the rights and responsibilities of both parties when the owner directly participates in the project, thereby preventing disputes and ensuring smooth project execution.
Performance of Work by Owner. The Owner may perform additional work related to the Project with Owner’s own forces. The Contractor shall afford the Owner reasonable opportunity for the introduction and storage of products and the execution of such work and shall properly connect and coordinate Contractor’s work with work performed by Owner’s own forces.
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Performance of Work by Owner. A. GSD reserves the right to perform construction or operations related to the Project with GSD’s own forces and to award separate contracts in connection with portions of the Project or other construction or operations on the site. B. GSD shall provide for coordination of the activities of GSD’s own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with GSD and its forces. The CONTRACTOR shall participate with GSD in reviewing their construction schedules. The CONTRACTOR shall make any revisions to the Preliminary Project Schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, any separate contractors, and GSD until subsequently revised. C. CONTRACTOR agrees that GSD requires a minimum period of 48 hours in which to schedule its forces for performance of any required work. CONTRACTOR shall notify the GSD Representative via email not less than 48 hours in advance of the requested start of such work. Failure to provide the required 48 hours of notice may result in delays, which shall not be deemed a basis for CONTRACTOR’s recovery of additional costs or time from GSD and which may not be excused for purposes of the liquidated damages provisions of Article V above. D. When GSD performs construction or operations related to the Project with GSD’s own forces, GSD shall be deemed to be subject to the same obligations and have the same rights that apply to CONTRACTOR under the Contract Documents. E. If CONTRACTOR’s Work depends for proper execution or results upon construction or operations by GSD’s own forces or a separate contractor, the CONTRACTOR shall, prior to proceeding with that portion of the Work, promptly report to the GSD Representative, apparent discrepancies or defects in such construction that would render it unsuitable for such proper execution and results. Failure of the CONTRACTOR to so report shall constitute an acknowledgment that GSD’s or separate contractor’s completed or partially completed construction is fit and proper to receive the CONTRACTOR’s Work, except as to defects not then reasonably discoverable. F. The CONTRACTOR shall reimburse GSD for costs GSD incurs that are payable to a separate contractor because of the CONTRACTOR’s delays, improperly timed activities or defective construction. GSD shall be responsible to the CONTRACTOR for costs the CONTRACTOR incurs because of a separate co...
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Performance of Work by Owner. It is understood and agreed by and between the Owner and Contractor that Owner has the right to perform certain work, including, but not limited to, installation of fixtures and equipment during the construction, provided, however, said work will not unreasonably interfere with the performance of the Contractor's work in connection with this Agreement.
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Performance of Work by Owner. If the Contractor fails to perform the Work in accordance with the schedule referred to in Sec. 2 above, the Owner may, in its discretion, in order to bring the project closer to schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the Owner's rights and remedies. Before doing so, the Owner shall give the Contractor reasonable notice of its intention. The Contractor shall reimburse the Owner for all costs incurred by the Owner in exercising its right to perform or cause to be performed some or all of the Work pursuant to this section.
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Related to Performance of Work by Owner

  • Performance of Work (i) The Borrowers shall complete all Work in a good and workmanlike manner as soon as practicable following the commencement thereof substantially in accordance with the applicable budget approved by Lender in accordance with the terms of this Loan Agreement. The insufficiency of the balance in the applicable Work Reserve shall not relieve the Borrowers from their obligations to perform and complete the related Work as herein provided or to fulfill all other preservation and maintenance covenants in the Loan Documents. (ii) If Lender determines in its reasonable discretion that any Work is not being performed in a workmanlike or timely manner or that any Work has not been completed in a workmanlike manner, Lender shall have the option to withhold disbursement for such unsatisfactory work and so notify the Borrowers with reasonable detail regarding the basis for Lender's dissatisfaction and, after the expiration of forty-five (45) days from the giving of such notice by Lender to the Borrowers of such unsatisfactory work without the cure thereof (or, if such unsatisfactory work is susceptible of a cure but cannot reasonably be cured within said forty-five (45) day period and provided that the Borrowers shall have commenced to cure such unsatisfactory work within said forty-five (45) day period and thereafter diligently and expeditiously proceeds to cure the same, after the expiration of such longer period as is reasonably necessary for the Borrowers in the exercise of due diligence to cure such unsatisfactory work, up to a maximum of an additional sixty (60) days, subject to Force Majeure, without the cure thereof), Lender may proceed under existing contracts or contract with third parties to complete such Work, as the case may be, and apply amounts contained in the applicable Work Reserve toward the labor and materials necessary to complete the same, without providing any additional prior notice to the Borrowers, and exercise any and all other remedies available to Lender upon and during the continuance of an Event of Default hereunder. (iii) In order to facilitate Lender's completion or making of any Work pursuant to Section 6.7(B)(ii) above, the Borrowers grant Lender the right to enter onto each Property during normal business hours after the expiration of the notice specified above and perform, subject to the rights of tenants, any and all work and labor necessary to complete the applicable Work and/or employ watchmen to protect the Property from damage. All sums so expended by Lender shall be deemed to have been advanced under the Loan to the Borrowers and secured by the applicable Mortgage. For this purpose, the Borrowers constitute and appoint Lender their true and lawful attorney-in-fact with full power of substitution to complete or undertake the applicable Work in the name of the Borrowers pursuant to Section 6.7(B)(ii) above. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revoked. Upon the occurrence and during the continuance of an Event of Default, the Borrowers empower said attorney-in-fact as follows: (i) to use any funds in the applicable Work Reserve for the purpose of making or completing any Work; (ii) to make such additions, changes and corrections to any Work as shall be reasonably necessary or desirable to complete the same; (iii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (iv) to pay, settle or compromise all existing bills and claims which are or may become Liens against any Property, or as may be necessary or desirable for the completion of any Work, or for clearance of title; (v) to execute all applications and certificates in the name of the Borrowers which may be required by any of the contract documents; (vi) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with any Property or the rehabilitation and repair of such Property; and (vii) to do any and every act which the Borrowers might do in their own behalf to fulfill the terms of this Loan Agreement. (iv) Nothing in this Section shall: (i) make Lender responsible for making or completing any Work; (ii) require Lender to expend funds in addition to the amounts on deposit in the applicable Work Reserve to make or complete any Work; (iii) obligate Lender to proceed with any Work; or (iv) obligate Lender to demand from the Borrowers additional sums to make or complete any Work. (v) The Borrowers shall permit Lender and Lender's agents and representatives (including, without limitation, Lender's engineer, architect or inspector) or third parties performing any Work pursuant to this Section 6.7 to enter onto any Property during normal business hours upon reasonable notice (subject to the rights of tenants under their Leases) to inspect the progress of any Work and all materials being used in connection therewith, to examine all plans and shop drawings relating thereto which are or may be kept at any Property, and to complete any Work made pursuant to Section 6.7(B)(ii). The Borrowers shall use commercially reasonable efforts to cause all contractors and subcontractors to cooperate with Lender or Lender's representatives or such other persons described above in connection with inspections described in this Section 6.7(B) or the completion of the Work pursuant to this Section 6.7(B). (vi) All Work and all materials, equipment, fixtures and any other item comprising a part thereof shall be constructed, installed or completed, as applicable, free and clear of all mechanic's, materialman's or other liens (except for the Permitted Encumbrances). (vii) All Work shall comply with all applicable legal requirements of all Governmental Authorities having jurisdiction over the Properties and applicable insurance requirements, including, without limitation, applicable building codes, special use permits, environmental regulations and requirements of insurance underwriters.

  • Completion of Work The Contractor agrees to complete the work on, or before October 29, 2021.

  • Acceptance of Work The completion of the Work shall be subject to acceptance by NYSERDA in writing of all deliverables as defined in Exhibit A, Statement of Work.

  • Statement of Work The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A.

  • Scope of Work For the 2022/2023 Grant Period, the Provider will maintain a victim services program that will be available to provide direct services to victims of crime who are identified by the Provider or are presented to the Provider, as specified in the Provider’s 2022/2023 Grant Application as approved by the OAG and incorporated herein by reference.