Common use of Acceleration of Work Clause in Contracts

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.

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. Hazardous Materials.