Adjustment of Guaranteed Completion. Date(s). The Guaranteed Completion Date(s) shall be adjusted by the amount of time Design-Builder actually is delayed by an Excusable Delay in the performance of the Work, provided that: (a) notice is given by Design-Builder as hereinafter provided; (b) the delay impacts the critical path (as reflected on the most recent monthly Project Schedule update) and is outside the reasonable control of Design-Builder; (c) Design-Builder’s performance would not have been concurrently delayed or interrupted by any event other than those identified in Section 10.7; and (d) Design-Builder, in view of all the circumstances, has exercised reasonable efforts to avoid the delay and did not cause the delay. Delays of Subcontractors shall be deemed to be within the reasonable control of Design-Builder, unless such delays are themselves excusable in accordance with the provisions of this Agreement.
Appears in 4 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
