Claims by Contractor. When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the County, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth in these Contract Documents for preservation, presentation and resolution of the claim. Submission of timely notice of intent to file a claim, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any court, arbitration, or other formal claims resolution proceeding against the County for the items and for the sums or time set forth in the Contractor’s written claim. The failure to provide such notice of intent, time extension request, written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim.
Claims by Contractor. 1. Claims by Contractor against City are subject to the terms and conditions of this Article 15, and strict compliance herewith shall be a condition precedent to any liability of City therefore.
2. All claims for additional compensation or additional time, regardless of their nature, when they occur, or whether they occur during the design or construction phase, shall be governed by the City of Buckeye Procurement Code.
3. Contractor shall provide, and continue to provide, to City all such documentation, including cost and time records, as and when City may request so that City may evaluate Contractor's claim.
4. Contractor shall continue its performance under this Contract regardless of the existence of any claims submitted by Contractor against City.
5. In the event Contractor seeks to make a claim for an increase in the Construction Price, as a condition precedent to any liability of City for any claim, Contractor shall strictly comply with the requirements of Paragraph 2 above and such notice shall be given by Contractor before proceeding to execute any alleged additional or changed Construction Work. Failure of the condition precedent to occur shall constitute a waiver by Contractor of any claim.
6. In connection with any claim by Contractor against City for compensation in excess of the Construction Price, any liability of City shall be strictly limited to the Cost of the Construction Work and Design Services if required as defined and allowed in this Contract and subsequent Delivery Orders and shall in no event include, indirect, consequential, impact or other costs, expenses or damages of Contractor or its Subcontractors. City shall not be liable to Contractor for claims of third parties, including Subcontractors, for acts, omissions, events, or conditions for which City would not be liable to Contractor under the terms of the Contract. As a condition precedent to City's liability to Contractor for any loss or damage resulting from claims of third parties, including Subcontractors, such third parties must have complied with all conditions contained in their agreements with Contractor and such claims must have been submitted to City by Contractor in strict compliance with all the requirements of this Article. City shall not be liable to Contractor for claims of third parties including Subcontractors, unless and until the liability of Contractor has been established in a court of competent jurisdiction.
7. The resolution of any claim under this Artic...
Claims by Contractor. (a) Anything that the Crown or any Governmental Entity does or fails to do pursuant to its executive or statutory functions and powers will be deemed not to be or cause an act or omission by the Crown under a Project Document and will not entitle the Contractor to make any Claim against the Crown under a Project Document.
(b) Notwithstanding clauses 8.1 and 8.2(a), the Crown is not relieved from any Claim (including a claim under Part 11 (Events) of this Agreement) that the Contractor may have against the Crown for its exercise (or failure to exercise) of its executive or statutory functions or powers under any Law in a manner contrary to an express obligation of the Crown under a Project Document and the existence of such obligations, and the existence and amount of such Claim will be assessed in accordance with the terms of the relevant Project Document.
Claims by Contractor for extension of the Contract Time must be initiated in a writing to the Owner within 21 days after occurrence of the event giving rise to such Claim or within 21 days after Contractor first recognizes the condition giving rise to the Claim and its effect on the Work, whichever is later. Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary.
Claims by Contractor. 7 2.8 Site and Document Inspections............................................7 2.9 Contractor's Warranty....................................................8 2.10
Claims by Contractor. All claims of Contractor, all questions concerning interpretation or clarification of this Agreement or the acceptable fulfillment of this Agreement on the part of Contractor, including drawings and specifications, and all questions as to compensation and to extension of time shall be submitted in writing to Owner for determination. All determinations, instructions and clarifications of Owner shall be final. In particular:
(a) At all times, Contractor shall proceed with the Work in accordance with the determinations, instructions and clarifications of Owner. Contractor shall be solely responsible for requesting instructions or interpretations and shall be solely liable for any cost and expenses arising from its failure to do so; and
(b) It is specifically agreed by Contractor that any and all claims by Contractor against Owner arising out of this Agreement or the performance of the Work shall be waived unless presented in writing to the Owner within the time limit specified in this Agreement but in no event in excess of 90 calendar days after occurrence of the event or circumstances giving rise to such claim. All such claims shall be supported by such information, costs and data in such detail and specificity as may be required by Owner to justify and substantiate such claims. It is agreed that under no circumstances shall the Contractor be compensated or reimbursed for expenses incurred in claim preparation, presentation, or prosecution unless directed by Owner.
Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
Claims by Contractor s Employees Contractor shall, to the extent permitted by law, indemnify, defend and save harmless Operator, and Operator’s Indemnified Persons from and against any and all Damages by any employee(s) of Contractor arising out of or in consequence of Contractor’s performance under this Agreement and/or of the Services, regardless of whether the Damages are actually or allegedly caused by the negligence of Operator or Operator’s Indemnified Persons, or any other person or entity and regardless of whether such negligence precedes the execution of this Agreement.
Claims by Contractor. 6.18.1 Should it appear to Contractor that the Work to be performed or any of the matters relative to the Agreement are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Agreement, the Contractor shall give written notice to the Director. Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the interpretation of the Agreement shall be referred to the Director for interpretation. The Director shall have the right but not the obligation to affirm or disaffirm the interpretation, which affirmance or disaffirmance shall be final.
6.18.2 Should any dispute arise under this Agreement respecting the true value of any Work performed, of any Work omitted, of any extra Work which the Contractor may be required to perform, time extensions, respecting the size of any payment to the Contractor during the performance of the Agreement, or of compliance with Agreement provisions, said dispute shall be decided by the Director and his decision shall be final and conclusive. If the Contractor should disagree with the Director’s decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with this Section. Notwithstanding and pending the resolution of any claim and assuming the procedures set forth herein for Change Order Work and Other Service Requests Work, if relevant to this section, have been complied with by the Parties, the Contractor shall diligently prosecute the disputed Work to final completion. The provisions of this paragraph survive termination or completion of this Agreement. Contractor shall bear all costs incurred in the preparation and submission of a claim.
Claims by Contractor. COMCAST agrees to pay the entire cost of any claims made by the contractor that are determined to be proximately caused by COMCAST, including but not limited to: claims for delay damages caused by COMCAST’S installation of their facilities, or failure to install their facilities, or failure of COMCAST’S performance under this Agreement. Claims are not valid unless written notice has been given to COMCAST by the CITY or by the contractor and COMCAST has failed to resolve the matter. In the event of a conflict between this provision and the Franchise, the Franchise shall control. The determination of proximate cause will be pursuant to the Governing Law provision herein (Paragraph 9.C.).
