Acceleration of Performance Sample Clauses

Acceleration of Performance. If the Owner or the Construction Manager shall desire the Work of the Contractor hereunder to be performed with greater speed than is herein contracted for other than for reasons for which Contractor is responsible in whole or in part, the Contractor shall, without affecting or abridging the rights of the Owner or Construction Manager set forth in any Article hereof, upon receipt of a written order from the Owner or Construction Manager, employ overtime labor as so ordered. Direct cost of the premium time for all labor utilized by the Contractor in such overtime Work as shown on the time slips checked and approved each day by the Owner or Construction Manager shall be paid by Owner to the Contractor, but no profit, overhead, supervision costs, commission or other costs shall be paid and in lieu thereof Contractor shall be paid a ten percent (10%) markup on the direct cost to be paid hereunder. No charges or damages for lost productivity or efficiency shall be permitted, and Contractor has anticipated the risk of same and included all costs associated therewith in the Contract Price.
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Acceleration of Performance. Provider shall notify Company immediately upon determining that it may be unable to meet the Schedule in whole or in part. Additionally, Company may inform Provider that Company has determined, in its reasonable judgment, that Provider may be unable to meet the Schedule in whole or in part. Within five (5) days of such notice or information, Provider shall submit to Company a proposed action plan to ensure compliance with the Schedule. If Company determines in its reasonable judgment that such action plan will not ensure compliance with the Schedule, Company may direct Provider to take steps necessary to accelerate its performance. If Provider believes that an adjustment to the Services Costs is justified as a result of such acceleration and that such acceleration constitutes a Change, Provider shall request such adjustment in accordance with the Change Control Process. Any incremental costs incurred by Provider as a result of such acceleration shall constitute a Change and shall be subject to the Change Control Process. Except to the extent provided for in any approved Change, Company shall have no liability to Provider for or arising out of the acceleration. If, within a reasonable period as determined by Company, Provider fails (i) to provide an action plan for accelerating and improving performance to meet the Schedule, or (ii) to diligently proceed to accelerate performance in accordance with such action plan, Company may take whatever actions it deems appropriate to meet the Schedule. The reasonable costs of any such actions shall be borne by Provider. No actions taken by Company under this Section 16.5 shall relieve Provider of its obligations under this Agreement, including without limitation meeting the Schedule.
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Acceleration of Performance. 8.5.1 If Owner shall desire the Work to be performed with greater speed than is contracted for, Contractor shall, without affecting or abridging the rights of Owner under the Contract Documents, upon receipt of a written order from the Contracting Officer specifically setting forth a request pursuant to this Section 8.5, employ overtime labor. Owner shall compensate Contractor for the premium cost of such overtime labor, as shown on the time slips checked and approved each day by the Contracting Officer, plus any additional incremental costs Contractor incurs to comply with and which result directly from such acceleration, and as such costs are otherwise permitted by the Contract Documents. This provision shall not apply to acceleration of performance caused by Contractor’s default, the cost of which shall be borne solely by Contractor. 8.5.2 Each Subcontractor shall be bound by the provisions of this Section 8.5.
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Acceleration of Performance. Upon the request of the Agency, Developer shall expedite the performance of its obligations under Section 5.2.4 if Developer determines it is reasonably feasible to do so and the Agency agrees to reimburse Developer for the actual costs to Developer resulting from expediting such performance (including without limitation the cost of accelerating capital and other expenditures). Upon the Agency’s request, the Parties shall meet and confer in good faith to determine both the extent to which such obligations can be expedited and the estimated costs thereof. If they are able to agree in writing, Developer shall perform the expedited work and submit monthly bills to the Agency for such costs (together with reasonable backup evidence of the costs). If the Agency fails to pay Developer’s costs as set forth above within thirty (30) days following the receipt of an invoice from Developer, then Developer shall have the right to refuse to continue to perform the expedited work unless and until the Agency makes payment in full.
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Acceleration of Performance. To the extent necessary and upon request by ASD, AASDI shall promptly increase its work force, accelerate its performance, work overtime, and work Saturdays, Sundays and holidays. If such request is necessary as a result of AASDI’s defective or deficient work resulting in a failure or inability to maintain the current Project schedule all such actions will be taken and ASD will not owe AASDI additional compensation.
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Acceleration of Performance. 18.1 In the event that the Customer or Supplier terminates the Agreement pursuant to sections 16 or 17 of this Agreement, the Customer is deemed to request that Supplier accelerate the invoicing of the remaining Initial Terminal Products Inventory ("Acceleration of Performance"). 18.2 Notwithstanding section 17.3, in the event of Acceleration of Performance all sums owed to Supplier by Customer for the remaining Initial Terminal Products Inventory invoiced and all other amounts invoiced by Supplier to Customer shall immediately become due and owing.
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Acceleration of Performance. To the extent necessary and or materials specified to be provided by AASDI without prior written upon request by ASD, AASDI shall promptly increase its work force, accelerate its performance, work overtime, and work Saturdays, Sundays and holidays. If such request is necessary as a result of AASDI’s defective or deficient work resulting in a failure or inability to maintain the current Project schedule all such actions will be taken and ASD will not owe AASDI additional compensation. approval from ASD. AASDI shall defend, indemnify and hold harmless ASD against all claims and expenses incurred by ASD as a result of any unapproved substitution.
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Acceleration of Performance. If the Owner shall desire the Work of the Contractor hereunder to be performed with greater speed than is herein contracted for, the Contractor shall, without affecting or abridging the rights of the Owner set forth in any Article hereof, upon receipt of a written order from the Owner, employ overtime Work as so ordered. Direct cost of the premium time for all labor utilized by the Contractor In such overtime work as shown on the time slips checked and approved each day by the Construction Manager shall be paid by Owner to the Contractor, but no overhead, supervision costs, commission or other costs shall be charged thereon.
Sample 1
Acceleration of Performance. 8.5.1 If GLWA shall desire the Work of the Contractor hereunder to be performed with greater speed than is herein contracted for, the Contractor shall, without affecting or abridging the rights of GLWA under the Agreement, upon receipt of a written order from the Contracting Officer, specifically setting forth a request pursuant to this Section 8.5, employ overtime work as so ordered. Only the premium cost of such overtime work, as shown on the time slips checked and approved each day by the Contracting Officer shall be paid by GLWA to the Contractor as additional compensation, and no overhead, profits, costs, commissions, claims for inefficiencies or otherwise, or other costs or claims shall be charged or due with respect to use of overtime work or the acceleration of performance. This provision shall not apply to acceleration of performance caused by the Contractor’s default, the cost of which shall be borne solely by the Contractor. 8.5.2 Each Subcontractor shall be bound by the foregoing provisions.
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Related to Acceleration of Performance

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Impossibility of Performance The credit union will not be liable for failure to comply with the terms of a wire transfer agreement caused by legal constraint interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the credit union.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Timing of Payment of Performance When the payment of any obligation or the performance of any covenant, duty or obligation is stated to be due or performance required on a day which is not a Business Day, the date of such payment (other than as described in the definition of Interest Period) or performance shall extend to the immediately succeeding Business Day.

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