Acceleration Where Work Is Not Delayed Sample Clauses

Acceleration Where Work Is Not Delayed. Owner shall also have the right to issue a Notice to Contractor directing 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. Contractor shall accelerate the Work on the basis of: (a) reimbursement of direct cost (i.e., premium portion of overtime pay, additional crew, shift or Equipment and Material cost and such other items of cost requested in advance by Contractor and approved by Owner, which approval will not be unreasonably withheld) less savings or costs not incurred due to such acceleration; plus, (b) an allowance for profit, overhead and contingency, in each case (items (a) and (b) of this Section 7.6), as calculated pursuant to the procedures set forth in Section 16.4.1. Contractor expressly waives any other compensation therefor unless otherwise agreed by Owner in writing in advance of performing the accelerated Work. Any acceleration of the Work not specifically requested by Owner pursuant to this Section 7.6 in writing shall be at Contractor’s sole cost and expense. 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, ANY ACCELERATION UNDERTAKEN BY CONTRACTOR OTHER THAN AN ACCELERATION ORDERED BY OWNER UNDER THIS SECTION 7.6. Owner shall have the right to reasonably audit Contractor’s calculated savings or costs not incurred due to Owner’s acceleration pursuant to this Section 7.6 pursuant to the provisions of Section 32.17. In the event of any acceleration requested pursuant to this Section 7.6, Contractor shall promptly provide a plan for such acceleration, including Contractor’s recommendations for the most effective and economical acceleration.
Sample 1
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Acceleration Where Work Is Not Delayed. ‌ If reasonably practicable and upon Xxxxx's written request to accelerate the Work for Buyer's convenience, Seller may accelerate the Work on the basis of: (i) reimbursement of direct cost (i.e., premium portion of overtime pay to the extent required by Applicable Laws, additional crews, shifts, or Equipment and Material costs, and such other items of cost requested in advance by Seller and approved by Buyer, which approval will not be unreasonably withheld) plus (ii) a reasonable allowance for profit, overhead, and contingency mutually agreed by the Parties not to exceed the percentage set forth in Section 10.7, but with respect to clauses (i) and (ii), there shall be a not-to-exceed amount mutually agreed by the Parties and in any event the foregoing acceleration shall be documented and agreed to in a Change Order signed by both parties. Any acceleration of the Work not specifically requested and approved by Buyer pursuant to this Section in writing by a Change Order shall be at Seller's sole cost and expense. Buyer shall have the right to reasonably audit Seller's calculated direct costs and savings or costs not incurred associated with any acceleration. In the event of any acceleration requested pursuant to this Section, Seller shall, at no cost to Buyer, promptly provide a plan for such acceleration, including Seller's recommendations for the most effective and economical acceleration.
Sample 1

Related to Acceleration Where Work Is Not Delayed

  • Permission to Leave Work The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that each xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no xxxxxxx shall leave their work without permission of their supervisor, which will not be unreasonably withheld.

  • Concurrent Delay When the completion of the Work is simultaneously delayed by an excusable delay and a delay arising from a cause not designated as excusable, Contractor may not be entitled to a time extension for the period of concurrent delay.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Overtime Work Definition Overtime for non-exempt employees working any work schedule is actual time worked in excess of forty (40) hours per workweek.

  • Commencement of Grid Rate 5.2.1 Number of days to go on grid: A substitute teacher employed for more than four (4) consecutive school days as a replacement for a specific teacher shall be placed on the basic salary schedule on the fifth (5th) consecutive school day according to the substitute teacher's qualifications and experience.

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Definition of Building Where Lift Required 1.1 A passenger/materials lift shall be provided on a building which shall, when complete, consist of more than six (6) storey levels excluding the roof, parapets and basement levels (if any), but including the ground floor. (Refer to Sub Clause 2.1 herein.)

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination due to Event of Default (a) Termination due to Parties Event of Default

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