ACCELERATION OF THE WORK Sample Clauses

ACCELERATION OF THE WORK. 46.1 If Contractor’s rate of progress is such that the total amount of Work and/or the degree of completion of the Work accomplished by Contractor and its Subcontractors within any time period required by the Construction Schedule or the Contract Documents is less than the amount therein specified to be completed within such time, and it reasonably appears that Contractor and its Subcontractors will be unable to achieve completion of Milestones by the dates set forth in the Construction Schedule or Substantial Completion of the Work by the Date of Substantial Completion, Owner may notify Contractor of the same and, in such event, Contractor shall have the duty to demonstrate to Owner that, based upon its estimate of the remainder of the Construction Schedule and potential for early completion of portions of the Work, Contractor will be able to achieve completion of Construction Schedule, Milestone(s) and Substantial Completion of the Work on or before the Date of Substantial Completion. If Owner, acting reasonably, does not agree that Contractor has demonstrated its ability to achieve completion of Construction Schedule, Milestone(s) or Substantial Completion of the Work on or before the Date of Substantial Completion, Owner may direct Contractor to accelerate the Work by issuing a notice to Contractor pursuant to this Section 46. Upon such direction, Contractor shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule. If the anticipated delay results from an Excusable Event of Delay under the Agreement, Contractor will be entitled to compensation for costs actually incurred as a direct result of such acceleration. 46.2 In addition to Owner’s right to accelerate the Work pursuant to Section 46.1, Owner may direct Contractor to accelerate the Work without cause by issuing a written notice to Contractor requesting such acceleration. If the Owner directs acceleration pursuant to this Section and that acceleration causes Contractor to incur additional costs, Contractor expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order equal to the actual costs reasonably incurred directly by reason of the acceleration less any reduction in costs due to the shorter overall Construction Schedule. Owner shall not be required to pay any costs incurred pursuant to this Section 48 and Contractor shall be deemed to have waive...

ACCELERATION OF THE WORK. Construction Manager shall notify Owner promptly if the Work, or any portion thereof, will not be completed within the time provided in the Project Schedule for any reason including, but not limited to, an Excusable Delay or an Owner-Caused Delay as described in Section 11.7. If Construction Manager so notifies Owner, or if, in the opinion of Owner reasonably exercised, Construction Manager falls behind in the Project Schedule for any cause within the reasonable control of Construction Manager, Construction Manager shall take appropriate action to regain the Project Schedule, and shall, if requested by Owner, submit a Recovery Plan to demonstrate the manner in which the lost time may be regained. Such actions on the part of Construction Manager shall not result in an increase in the GMP.

ACCELERATION OF THE WORK. 3.3.1 If due to causes within CONTRACTOR’S control, CONTRACTOR’s rate of progress is such that the amount of Work within any time period required by the Construction Schedule is less than the amount therein specified to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the Milestone(s) by the Milestone Date(s), Substantial Completion of the Work by the Scheduled Date of Substantial Completion or Final Completion of the Work by the Scheduled Date of Final Completion, OWNER may direct CONTRACTOR to accelerate the Work by issuing a notice to accelerate. Upon such notice, CONTRACTOR shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule and CONTRACTOR shall not be entitled to an increase in the Contract Sum as a result thereof. 3.3.2 In addition to OWNER’s right to accelerate the Work pursuant to Paragraph 3.3.1, OWNER may direct CONTRACTOR to accelerate the Work without cause by issuing a written notice to CONTRACTOR requesting such acceleration. CONTRACTOR expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order in the amount of the costs incurred directly by the Subcontractors as a result of the acceleration.

ACCELERATION OF THE WORK. With or without the occurrence of a delay in the performance of the Work, FedEx may direct that Contractor accelerate the progress of the Work by means of requiring its forces and those of its Subcontractors to work overtime, by adding, or causing its Subcontractors to add, additional crews or shifts, or by re-sequencing the Work. Promptly following its receipt of FedEx’s request in which FedEx specifies the portion of the Work that FedEx wishes to accelerate and the time within which FedEx wishes to achieve the completion of that portion of the Work, Contractor shall provide FedEx with its recommendations for an effective and economical acceleration of the Work. Contractor’s recommendation will include a comparison that Contractor prepares in a format acceptable to FedEx and that shows the planned progress in the Work that will occur if the acceleration does not occur and the planned progress in the Work that will occur if the acceleration does occur. If ▇▇▇▇▇ wishes to advance the Substantial Completion Date then applicable to the Work, Contractor’s recommendation will also include a statement that sets forth in detail, with a suitable breakdown by trades and work classifications, the adjustments in the Contractor’s Fee that must occur in order for Contractor to be able to achieve the degree of progress reflected in ▇▇▇▇▇’s request. In formulating that statement, Contractor must take into account the impact of the labor inefficiency, if any, that will be associated with the acceleration that is under consideration.

ACCELERATION OF THE WORK. If the Contractor fails to perform as required by the Contract schedule, the Owner may require the Contractor to accelerate its Work by adding workers or working additional shifts, extended shifts or overtime, so that the Work is in final form before the Date for Final Completion. If the Owner requires the Contractor to accelerate its Work, the Contractor shall take the required action within two days of the Notice. If the acceleration is not due to fault of the Contractor, Owner shall issue a Change Order increasing the Contract Sum to pay the Contractor for the Contractor’s additional costs of accelerating its Work so that the Work is in final form before the Date for Final Completion. If there is a dispute as to whether the Contractor is entitled to a Change Order for accelerating its Work, the Contractor shall proceed to accelerate its Work without waiting for a Change Order or payment of any additional compensation, but may reserve its right to make a claim against the Owner for its additional costs incurred in accelerating its Work. The Contractor’s additional costs for accelerating its Work shall be determined in accordance with Paragraph 5.2.2.