Common use of COMMENCEMENT AND PROGRESS OF WORK Clause in Contracts

COMMENCEMENT AND PROGRESS OF WORK. .1 Time Is Of The Essence Of This Agreement - Subcontractor agrees to comply with and perform the Work of this Subcontract to the full and complete satisfaction of the Contractor and the Owner, according to the requirements of the Contractor’s construction schedule as Contractor may from time to time determine and submit to the Subcontractor. Within three (3) calendar days after being notified by Contractor, Subcontractor shall commence actual construction Work hereunder at such point or points at the site of the Work, or to deliver such needed materials and supplies as and when required to such storage or Work areas, or both, as Contractor may designate and to thereafter continue diligently in the performance of the Work. .2 Upon request, the Subcontractor shall prepare and submit to the Contractor for approval a practicable progress schedule in the form requested to meet the dates as shown by Contractor’s current construction schedule and showing the order in which Subcontractor proposes to carry on the Work and the date on which it will start the salient features (including drawings, procurement of materials, plant and equipment and the contemplated dates for completing the same). The Subcontractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by Contractor, and submit two (2) copies to the Contractor’s Project representative. .3 Subcontractor shall keep Contractor fully and formally advised at all times of any pending or possible delays in deliveries and/or Work accomplished which could impact immediate or long range scheduling of this Project. .4 If the Subcontractor falls behind the progress schedule, the Subcontractor shall take such steps as may be necessary to improve the subcontract progress, and Contractor may require Subcontractor to increase the number of shifts and/or overtime operations, days of Work, and/or increase equipment and/or tools being used, and to submit for approval such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the agreed rate of progress will be regained. .5 The Subcontractor agrees to submit all shop or fabrication drawings, design, and performance data, tests, samples, templates, operating and/or maintenance manuals; together with any and all other data related to the materials, methods, and equipment used or proposed for use in the performance of this Subcontract promptly and/or as directed by Contractor or required by the General Contract, and in sufficient number to provide adequate information to all parties requiring same. Approval of any of the foregoing by the Contractor, the Owner or the Owner’s Representative shall under no circumstances alter the requirements of the subcontract documents for quality, quantity, finish dimension, design, and configuration; nor shall such approval constitute acceptance by the Contractor of any method, material, or equipment not ultimately acceptable to the Owner or the Owner’s Representative. .6 In the event any acts or omissions of Subcontractor delay Contractor in meeting its own construction schedule or that of any other subcontractor in the performance of the Work under the General Contract resulting in penalties, liabilities or damages under the General Contract, Subcontractor agrees to indemnify and hold Contractor harmless from any penalties, liabilities, and/or damages, and to promptly pay to Contractor any such costs, penalties, liabilities or damages so incurred. .7 Violation by Subcontractor of any of the provisions of this Article shall be grounds for the Contractor to exercise the rights provided by Article 10 hereof.

COMMENCEMENT AND PROGRESS OF WORK. .1 1. Time Is Of The Essence Of This is of the essence this Agreement - and Subcontractor agrees to comply with and perform the Work of this Subcontract to the full and complete satisfaction of the Contractor and the Owner, according to the requirements of the Contractor’s 's construction schedule as Contractor may from time to time determine and submit to the Subcontractor. Within three (3) calendar days after being notified by Contractor, Subcontractor shall commence actual construction Work hereunder at such point or points at the site of the Work, or to deliver such needed materials and supplies as and when required to such storage or Work areas, or both, as Contractor may designate and to thereafter continue diligently in the performance of the Work. .2 2. The Purchase Order issued to Subcontractor operates as an offer and constitutes the entire terms of the contract and shall not be modified except by mutual written agreement. The order of precedence of Purchase Order documents shall be Purchase Order, Subcontractor Terms & Conditions, Specifications, Instructions to Subcontractor, general standards and applicable law. Subcontractor's acceptance of the Purchase Order may be made by Subcontractor by (i) signing the acknowledgment copy in the attached Purchase Order set and returning same to Contractor, (ii) making shipment, or (iii) Subcontractor's commencement of work on or purchase of material for performance of this Purchase Order, or (iv) any other conduct by Subcontractor evidencing the existence of the Purchase Order. This Purchase Order is subject to, and expressly conditioned upon, Subcontractor's unconditional acceptance thereof in its entirety. UNLESS SPECIFICALLY AGREED TO IN WRITING BY CONTRACTOR, OR SPECIFICALLY REFERENCED IN THIS PURCHASE ORDER, CONTRACTOR’S TERMS AND CONDITIONS REPRESENT THE ONLY TERMS AND CONDITIONS APPLICABLE TO THIS ORDER NOTWITHSTANDING ANY STATEMENTS TO THE CONTRARY WHICH MAY BE CONTAINED IN SUBCONTRACTOR’S WRITTEN PROPOSAL OR ACKNOWLEDGMENT OR ANY OTHER DOCUMENT PROVIDED BY SUBCONTRACTOR, WHICH ARE HEREBY OBJECTED TO BY CONTRACTOR. ANY CONFLICTING TERMS AND CONDITIONS IN ANY DOCUMENT GENERATED BY SUBCONTRACTOR ARE REJECTED BY CONTRACTOR AND WILL BE DISREGARDED IN FAVOR OF THE CONTRACTOR TERMS AND CONDITIONS. 3. Upon request, the Subcontractor shall prepare and submit to the Contractor for approval a practicable progress schedule in the form requested to meet the dates as shown by Contractor’s 's current construction schedule and showing the order in which Subcontractor proposes to carry on the Work and the date on which it will start the salient features (including drawings, procurement of materials, plant and equipment and the contemplated dates for completing the same). The Subcontractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by Contractor, and submit two (2) copies to the Contractor’s 's Project representative. .3 4. Subcontractor shall keep Contractor fully and formally advised at all times of any pending or possible delays in deliveries and/or Work accomplished which could impact immediate or long range scheduling of this Project. .4 5. If the Subcontractor falls behind the progress schedule, the Subcontractor shall take such steps as may be necessary to improve the subcontract progress, and Contractor may require Subcontractor to increase the number of shifts and/or overtime operations, days of Work, and/or increase equipment and/or tools being used, and to submit for approval such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the agreed rate of progress will be regained. .5 6. The Subcontractor agrees to submit all shop or fabrication drawings, design, and performance data, tests, samples, templates, operating and/or maintenance manuals; together with any and all other data related to the materials, methods, and equipment used or proposed for use in the performance of this Subcontract promptly and/or as directed by Contractor or required by the General Contract, and in sufficient number to provide adequate information to all parties requiring same. Approval of any of the foregoing by the Contractor, the Owner or the Owner’s 's Representative shall under no circumstances alter the requirements of the subcontract documents for quality, quantity, finish dimension, design, and configuration; nor shall such approval constitute acceptance by the Contractor of any method, material, or equipment not ultimately acceptable to the Owner or the Owner’s 's Representative. .6 7. In the event any acts or omissions of Subcontractor delay Contractor in meeting its own construction schedule or that of any other subcontractor in the performance of the Work under the General Contract resulting in penalties, liabilities or damages under the General Contract, Subcontractor agrees to indemnify and hold Contractor harmless from any penalties, liabilities, and/or damages, and to promptly pay to Contractor any such costs, penalties, liabilities or damages so incurred. .7 8. Errors in Drawings, Specifications and Documents. Any errors, discrepancies or conflicts in the technical documents and drawings discovered by Subcontractor shall be brought to Contractor’s attention before proceeding with the Work or upon discovery by Subcontractor. Subcontractor shall be responsible for revising any errors, discrepancies or conflicts and shall make all necessary repairs if Work has already commenced. Any costs or expenses resulting from failure to follow this procedure shall be borne by Subcontractor. 9. Violation by Subcontractor of any of the provisions of this Article shall be grounds for the Contractor to exercise the rights provided by Article 10 hereof.

COMMENCEMENT AND PROGRESS OF WORK. .1 Time Is Of The Essence Of This Agreement - Subcontractor agrees to comply with and perform the Work of this Subcontract to the full and complete satisfaction of the Contractor and the Owner, according to the requirements of the Contractor’s construction schedule as Contractor may from time to time determine and submit to the Subcontractor. Within three (3) calendar days after being notified by Contractor, Subcontractor shall commence actual construction Work hereunder at such point or points at the site of the Work, or to deliver such needed materials and supplies as and when required to such storage or Work work areas, or both, as Contractor may designate and to thereafter continue diligently in the performance of the Work. .2 Upon request, the Subcontractor shall prepare and submit to the Contractor for approval a practicable progress schedule in the form requested to meet the dates as shown by Contractor’s current construction schedule and showing the order in which Subcontractor proposes to carry on the Work and the date on which it will start the salient features (including drawings, procurement of materials, plant and equipment and the contemplated dates for completing the same). The Subcontractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by Contractor, and submit two (2) copies to the Contractor’s Project representative. .3 Subcontractor shall keep Contractor fully and formally advised at all times of any pending or possible delays in deliveries and/or Work accomplished which could impact immediate or long range scheduling of this Project. .4 If the Subcontractor falls behind the progress schedule, the Subcontractor shall take such steps as may be necessary to improve the subcontract progress, and Contractor may require Subcontractor to increase the number of shifts and/or overtime operations, days of Work, and/or increase equipment and/or tools being used, and to submit for approval such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the agreed rate of progress will be regained. .5 The Subcontractor agrees to submit all shop or fabrication drawings, design, and performance data, tests, samples, templates, operating and/or maintenance manuals; together with any and all other data related to the materials, methods, and equipment used or proposed for use in the performance of this Subcontract promptly and/or as directed by Contractor or required by the General Contract, and in sufficient number to provide adequate information to all parties requiring same. Approval of any of the foregoing by the Contractor, the Owner or the Owner’s Representative shall under no circumstances alter the requirements of the subcontract documents for quality, quantity, finish dimension, design, and configuration; nor shall such approval constitute acceptance by the Contractor of any method, material, or equipment not ultimately acceptable to the Owner or the Owner’s Representative. .6 In the event any acts or omissions of Subcontractor delay Contractor in meeting its own construction schedule or that of any other subcontractor in the performance of the Work under the General Contract resulting in penalties, liabilities or damages under the General Contract, Subcontractor agrees to indemnify and hold Contractor harmless from any penalties, liabilities, and/or damages, and to promptly pay to Contractor any such costs, penalties, liabilities or damages so incurred. .7 Violation by Subcontractor of any of the provisions of this Article shall be grounds for the Contractor to exercise the rights provided by Article 10 hereof.

COMMENCEMENT AND PROGRESS OF WORK. .1 Time Is Of The Essence Of This Agreement - Subcontractor agrees to comply with and perform the Work of this Subcontract to the full and complete satisfaction of the Contractor and the Owner, according to the requirements of the Contractor’s construction schedule as Contractor may from time to time determine and submit to the Subcontractor. Within three (3) calendar days after being notified by Contractor, Subcontractor shall commence actual construction Work hereunder at such point or points at the site of the Work, or to deliver such needed materials and supplies as and when required to such storage or Work work areas, or both, as Contractor may designate and to thereafter continue diligently in the performance of the Work. .2 Upon request, the Subcontractor shall prepare and submit to the Contractor for approval a practicable progress schedule in the form requested to meet the dates as shown by Contractor’s current construction schedule and showing the order in which Subcontractor proposes to carry on the Work and the date on which it will start the salient features (including drawings, procurement of materials, plant and equipment and the contemplated dates for completing the same). The Subcontractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by Contractor, and submit two (2) copies to the Contractor’s Project representative. .3 Subcontractor shall keep Contractor fully and formally advised at all times of any pending or possible delays in deliveries and/or Work accomplished which could impact immediate or long range scheduling of this Project. .4 If the Subcontractor falls behind the progress schedule, the Subcontractor shall take such steps as may be necessary to improve the subcontract progress, and Contractor may require Subcontractor to increase the number of shifts and/or overtime operations, days of Work, and/or increase equipment and/or tools being used, and to submit for approval such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the agreed rate of progress will be regained. .5 The Subcontractor agrees to submit all shop or fabrication drawings, design, and performance data, tests, samples, templates, operating and/or maintenance manuals; together with any and all other data related to the materials, methods, and equipment used or proposed for use in the performance of this Subcontract promptly and/or as directed by Contractor or required by the General Contract, and in sufficient number to provide adequate information to all parties requiring same. Approval of any of the foregoing by the Contractor, the Owner or the Owner’s Representative shall under no circumstances alter the requirements of the subcontract documents Subcontract Documents for quality, quantity, finish dimension, design, and configuration; nor shall such approval constitute acceptance by the Contractor of any method, material, or equipment not ultimately acceptable to the Owner or the Owner’s Representative. .6 In the event any acts or omissions of Subcontractor delay Contractor in meeting its own construction schedule or that of any other subcontractor in the performance of the Work under the General Contract resulting in penalties, liabilities or damages under the General Contract, Subcontractor agrees to indemnify and hold Contractor harmless from any penalties, liabilities, and/or damages, and to promptly pay to Contractor any such costs, penalties, liabilities or damages so incurred. .7 Violation by Subcontractor of any of the provisions of this Article shall be grounds for the Contractor to exercise the rights provided by Article 10 hereof.

COMMENCEMENT AND PROGRESS OF WORK. .1 1.1 Time Is Of The Essence Of This Agreement - Subcontractor agrees to comply with and perform the Work of this Subcontract Agreement to the full and complete satisfaction of the Contractor and the Owner, according to the requirements of the Contractor’s construction schedule as Contractor may from time to time determine and submit to the Subcontractor. Within three (3) calendar days after being notified by Contractor, Subcontractor shall commence actual construction Work hereunder at such point or points at the site of the Work, or to deliver such needed materials and supplies as and when required to such storage or Work areas, or both, as Contractor may designate and to thereafter continue diligently in the performance of the Work. .2 1.2 Upon request, the Subcontractor shall prepare and submit to the Contractor for approval a practicable progress schedule in the form requested to meet the dates as shown by Contractor’s current construction schedule and showing the order in which Subcontractor proposes to carry on the Work and the date on which it will start the salient features (including drawings, procurement of materials, plant and equipment and the contemplated dates for completing the same). The Subcontractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by Contractor, and submit two (2) copies to the Contractor’s Project representative. .3 1.3 Subcontractor shall keep Contractor fully and formally advised at all times of any pending or possible delays in deliveries and/or Work accomplished which could impact immediate or long range scheduling of this Project. .4 1.4 If the Subcontractor falls behind the progress schedule, the Subcontractor shall take such steps as may be necessary to improve the subcontract progress, and Contractor may require Subcontractor to increase the number of shifts and/or overtime operations, days of Work, and/or increase equipment and/or tools being used, and to submit for approval such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the agreed rate of progress will be regained. .5 1.5 The Subcontractor agrees to submit all shop or fabrication drawings, design, and performance data, tests, samples, templates, operating and/or maintenance manuals; together with any and all other data related to the materials, methods, and equipment used or proposed for use in the performance of this Subcontract Agreement promptly and/or as directed by Contractor or required by the General Prime Contract, and in sufficient number to provide adequate information to all parties requiring same. Approval of any of the foregoing by the Contractor, Contractor or the Owner or the Owner’s Representative shall under no circumstances alter the requirements of the subcontract documents for quality, quantity, finish dimension, design, and configuration; nor shall such approval constitute acceptance by the Contractor of any method, material, or equipment not ultimately acceptable to the Owner or the Owner’s Representative. .6 1.6 In the event any acts or omissions of Subcontractor delay Contractor in meeting its own construction schedule or that of any other subcontractor in the performance of the Work under the General Prime Contract resulting in penalties, liabilities or damages under the General Prime Contract, Subcontractor agrees to indemnify and hold Contractor harmless from any penalties, liabilities, and/or damages, and to promptly pay to Contractor any such costs, penalties, liabilities or damages so incurred. .7 1.7 Violation by Subcontractor of any of the provisions of this Article shall be grounds for the Contractor to exercise the rights provided by Article 10 hereof.