Common use of Acceleration Upon Default Clause in Contracts

Acceleration Upon Default. If, in Owner Parties’ reasonable judgment, Contractor: (i) fails to supply a sufficient number of qualified workers or Materials to prevent Delay; (ii) fails in any way to prosecute the Work or proceed in accordance with the Construction Schedule, or (iii) fails to meet the material covenants of the Contract Documents, Owner shall have the right to direct Contractor to accelerate completion of the Work without adjustment to the Contract Sum and until such time as the amount and timing of the completed Work complies with the Construction Schedule. Owner’s right to compel acceleration includes demanding Contractor provide additional labor or expedited deliveries of Materials, and perform overtime, additional shifts, or re-sequencing the Work. Costs of such acceleration may be funded, with Owner’s prior written approval, from any available Construction Contingency, if not recoverable from Subcontractors. Owner’s right to demand acceleration under this Section shall not limit other rights and remedies Owner may have.

Acceleration Upon Default. If, in Owner Parties’ reasonable judgment, Contractor: (i) fails to supply a sufficient number of qualified workers or Materials to prevent Delay; (ii) fails in any way to prosecute the Work or proceed in accordance with the Design or Construction ScheduleSchedules, or (iii) fails to meet the material covenants of the Contract Documents, Owner shall have the right to direct Contractor to accelerate completion of the Work without adjustment to the Contract Sum and until such time as the amount and timing of the completed Work complies with the Construction Scheduleapplicable schedules. Owner’s right to compel acceleration includes demanding Contractor provide additional labor or expedited deliveries of Materials, and perform overtime, additional shifts, or re-sequencing the Work. Costs of such acceleration may be funded, with Owner’s prior written approval, from any available Construction Contingency, if not recoverable from Subcontractors. Owner’s right to demand acceleration under this Section shall not limit other rights and remedies Owner may have.