Acceleration of Work Sample Clauses

Acceleration of Work. If, at any time or from time to time, Contractor fails to achieve or is reasonably likely to fail to achieve a Key Milestone by the date required therefor in the Project Schedule for any reason not otherwise excused under the terms of this Agreement, then, upon written request of Owner, Contractor shall promptly, but in any event within five (5) Business Days of such date, submit a written recovery plan with specific steps, tasks and Contractor and subcontractor actions, including manpower and/or working-hour increases, as applicable, necessary to complete all necessary Work by the dates for the remaining Key Milestones. The recovery schedule shall also contain sufficient detail to demonstrate the feasibility of achieving Project Substantial Completion by the Guaranteed Substantial Completion Date. Owner shall either accept such recovery plan or provide comments to such plan, which such comments shall be implemented to such recovery plan. . Contractor shall diligently prosecute the Work in accordance with such recovery plan. Neither approval by Owner of such recovery plan nor Contractor’s prosecution of the Work in compliance with such recovery plan shall (i) be deemed in any way to have relieved Contractor of its obligations under the Agreement relating to the failure to timely achieve any Key Milestone by the date required therefor, or (ii) be a basis for a Change Order or any other compensation or an increase in the Contract Price. Contractor shall not be entitled to a Change Order or any other compensation or increase in the Contract Price in connection with the implementation of a recovery plan or any acceleration thereunder.
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Acceleration of Work. If, at any time or from time to time, Owner determines, in its reasonable discretion, that: (a) Contractor has failed to show adequate progress of the Work toward completion of a Milestone included in the Project Schedule by the Milestone Date therefor, or (b) Contractor has failed to achieve a Milestone included in the Project Schedule by the Milestone Date therefor, then, on each such date, after receiving a written request from Owner, Contractor shall promptly but in any event within five (5) Business Days, submit for approval by Owner a written recovery plan to complete all necessary Work to achieve completion of the remaining Milestones included in the Project Schedule by the date set forth for such Milestone in the Project Schedule. Owner shall promptly approve or submit reasonable revisions to such written recovery plan, and Contractor shall incorporate such revisions into such recovery plan and thereafter diligently prosecute the Work in accordance with such recovery plan. Approval by Owner of such recovery plan shall not (i) be deemed in any way to have relieved Contractor of its obligations under this Agreement relating to the failure to timely achieve either of the Guaranteed Access Roads Completion Date or the Guaranteed Mechanical Completion Dates, or (ii) be a basis for an increase in the Contract Price. If Contractor cannot cause prosecution of the Work to conform to the Project Schedule within ten (10) days, then Owner shall have the right to direct Contractor to accelerate the Work by means of overtime, additional crews, additional shifts, additional equipment and/or re-sequencing of the Work. In the event of any acceleration pursuant to this Section 2.6.3, Contractor shall cause prosecution of the Work to conform to the Project Schedule within ten (10) days. Contractor shall receive no reimbursement for costs arising out of, Contractor shall not be entitled to a Scope Change Order with respect to, and Contractor shall be solely responsible for any costs or expenses incurred by Contractor as a result of, formulation and implementation of the recovery plan or the acceleration of the Work described in this Section 2.6.3. This Section 2.6.3 shall not be construed to limit any of the rights and remedies Owner may have under any provision of this Agreement. Nothing herein shall be construed to excuse, limit, alter or amend Contractor's obligations to cooperate with Owner and, where appropriate, to participate in any dispute resolution proceedin...
Sample 1
Acceleration of Work. If at any xxxx Xxxxxx is or believes that it is likely to be delayed in meeting any of the Milestone Dates, Seller will immediately notify Buyer and after prompt consultation with Buyer, Seller shall promptly submit for approval to Buyer a written recovery plan ("Recovery Plan") to restore the progress of critical path Work to adherence to achieving the Milestone Dates. Buyer may also require Seller to furnish a Recovery Plan any time a Milestone Date is missed within two (2) Business Days of Buyer's notice. The Recovery Plan shall include acceleration of the Work by means of overtime, additional crews, additional shifts, additional equipment and/or re-sequencing of the Work. Submission and execution of the Recovery Plan shall be at Seller's sole cost and expense.
Sample 1
Acceleration of Work. Owner shall have the right to request of Contractor that the Work be accelerated by means of overtime, additional crews or additional shifts or resequencing of the Work notwithstanding that the Work is progressing without delay in accordance with the established Project Schedules. If Contractor consents to such request, Contractor shall deliver to Owner a Change in Work Form prepared in accordance with Section 17.4.1 which shall include Contractor’s good faith reasonable estimate of the increase in cost required to complete the Work if the Work is accelerated. Within fifteen (15) days after receipt of such Change in Work Form, Owner shall deliver written approval or disapproval to Contractor. If Owner approves the Change in Work Form, Contractor shall promptly proceed with accelerating the Work in the manner specified by the Change in Work Form and with any additional work as may be required thereunder. As compensation for such acceleration and additional work, the Contract Price shall be increased by the amount of Contractor’s estimate of increased cost as set forth in the approved Change in Work Form. The Contract Price shall not be modified as a result of such acceleration except as provided in this Section 8.7.
Sample 1
Acceleration of Work. If, in the opinion of the Contractor, the Subcontractor is not proceeding with the prosecution of the Work in a timely fashion, and such failure to proceed is due to the act, omission or negligence of the Subcontractor, its agents, employees, or sub-subcontractors, then the Subcontractor shall, immediately and at no additional cost, work such overtime, additional shifts, Sundays or holidays, as may be required to correct said delays and to ensure no further delays to the completion of the Work called for under this Agreement. In the event that the Contractor orders such acceleration of the Work, the Subcontractor shall comply without any additional cost or expenses charged to the Contractor. If the Subcontractor fails to comply with said Order of Acceleration, Contractor may, without prejudice of any rights and remedies available to it at law or under this Agreement, supply such number of workers and quantity of materials, equipment and other facilities as the Contractor deems necessary and shall charge the cost thereof to the Subcontractor who shall be liable for the payment of the same, including reasonable overhead, profit and attorney’s fees. The Contractor has the right to deduct these expenses from the Subcontract Amount.
Sample 1
Acceleration of Work. ‌ If at any xxxx Xxxxxx is or believes that it is likely to be delayed in meeting any of the Milestone Dates that impact critical path Work by more than thirty (30) days, Seller will reasonably promptly notify Buyer and after prompt consultation with Buyer, Seller shall promptly submit to Buyer for review and comment a written recovery plan ("Recovery Plan") to restore the progress of critical path Work to adherence to achieving the Milestone Dates. The Recovery Plan may include acceleration of the Work by means of overtime, additional crews, additional shifts, additional equipment and/or re-sequencing of the Work. Submission and execution of the Recovery Plan shall be at Seller's sole cost and expense.
Sample 1
Acceleration of Work. In addition to the provisions of Sections 5.3.3, above, relating to delays in the Work, in the event of delay, including any event which causes the prosecution of the Work to fail to conform to the Project Schedule, FPL may, by notice to Contractor, direct that the Work be accelerated by means of overtime, additional crews or additional shifts or resequencing of the Work. If: (a) Such delay arises from any FPL Caused Delay or Force Majeure Event; or (b) Contractor provides reasonable evidence to FPL that such delay results from a suspension pursuant to Section 15.4, Suspension by FPL for Convenience, of Article XV, TERMINATION. then Contractor shall be entitled to reimbursement of increased cost as a result of such acceleration (i.e., premium portion of overtime pay, additional crew, shift or Equipment cost and such other items of incremental cost requested in advance by Contractor and approved by FPL which approval will not be unreasonably withheld) less savings or costs not incurred due to such acceleration, but expressly waives any other compensation therefor. CONTRACTOR SHALL RECEIVE NO SUCH REIMBURSEMENT FOR COSTS ARISING OUT OF, AND CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY COSTS INCURRED BY CONTRACTOR AS A RESULT OF, ACCELERATION RELATED TO ANY EVENT OTHER THAN THE EVENTS SPECIFICALLY DESCRIBED IN THIS SECTION 5.4, PARAGRAPHS (a) AND (b), ABOVE. Contractor shall cause prosecution of the Work to conform to the Project Schedule within thirty (30) days after receiving written notice from FPL to accelerate the Work.
Sample 1
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Acceleration of Work. If, at any time or from time to time, Company fails to achieve a Key Milestone by the date required therefor in the Project Schedule or fails to show adequate progress toward the achievement of a Key Milestone and such failure is not explicitly excused under this Agreement due to an Owner-Caused Delay or a Force Majeure Event or pursuant to a Change Order executed by both Parties, then, upon written request of Owner, Company shall promptly, but in any event within ten (10) Business Days of such date, submit a written recovery plan to complete all necessary Work to the extent reasonably practicable by the dates for the remaining Key Milestones. Owner shall promptly approve or submit reasonable revisions to such written recovery plan, which Company shall incorporate into such recovery plan. Company shall diligently prosecute the Work in accordance with such recovery plan. Neither approval by Owner of such recovery plan (or Owner’s comments or failure to provide comments) nor Company’s prosecution of the Work in compliance with such recovery plan shall (i) be deemed in any way to have relieved Company of its obligations under this Agreement relating to the failure to timely achieve any Key Milestone by the date required therefor or (ii) be a basis for a Change Order or any other compensation or an increase in the Contract Price. Neither submittal of such recovery plan nor prosecution of the Work by Company in accordance therewith shall be deemed to waive Company’s right to a Change Order due to any delay caused by a Force Majeure Event or an Owner-Caused Delay.
Sample 1

Related to Acceleration of Work

  • Suspension of Work and Termination 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 60 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension.

  • NO CESSATION OF WORK 6.01 Neither the Union nor any employee shall take part in or call or encourage any strike, sit-down, slow-down, or any suspension of work against the Company which shall in any way affect the operations of the Company; nor shall the Company engage in any lockout at its Plants or Mines in the Sudbury District.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • Location of Work The Executive shall be based in the United States in West Orange, New Jersey. However, the Executive agrees to undertake whatever domestic and worldwide travel is required by the Company. The Executive shall not be required or permitted to relocate without the mutual, written consent of the Executive and the Company.

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

  • Performance of Work by City If the Contractor fails to perform the Work in accordance with the schedule referred to in section 2 above, the City may, in its discretion, in order to bring the project closer to the schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the City’s rights and remedies. Before doing so, the City shall give the Contractor notice of its intention. The Contractor shall reimburse the City for additional costs incurred by the City in exercising its right to perform or cause to be performed some or all of the Work pursuant to this section.

  • Rejection of Work Using the Notice of Non-Conforming Work procedures outlined in the General Conditions, the Design Professional shall reject work that does not comply with the requirements of the Contract Documents or that does not comply with the applicable laws and codes. The Design Professional shall have authority to order testing of the Work, as is provided in the Contract Documents or as otherwise required in its judgment, whether such work is fabricated, installed, or completed.

  • PROTECTION OF WORK 12.1 Subcontractor shall effectually secure and protect the work done hereunder and assume full responsibility for the condition thereof until final acceptance by the OWNER and Contractor. Subcontractor further agrees to provide such protection as is necessary to protect the work and the workmen of Contractor, the OWNER, and other subcontractors from its operations. 12.2 Subcontractor shall be liable for any loss or damage to any work in place or to any equipment and materials on the job site caused by Subcontractor or its agents, employees or guests.

  • 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.

  • Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department.

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