Common use of Compensable Excusable Delay Clause in Contracts

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and (ii) is due solely to fraud, bad faith or active interference on the part of County or Consultant. In no event shall Contractor be compensated for interim or non-critical delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 11. County and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions for each day the Contract is delayed due to a Compensable Excusable Delay.

Appears in 4 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

AutoNDA by SimpleDocs

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and ; (ii) is due caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers or vendor; and (iii) is caused solely to by fraud, bad faith or active interference on the part of County Town or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County Town and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions $200.00 per day for each day the this Contract is delayed due to a Compensable Excusable Delay.

Appears in 3 contracts

Samples: Municipal Agreement, Municipal Agreement, Municipal Agreement

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and ; (ii) is due caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers, or vendor; and (iii) is caused solely to by fraud, bad faith or active interference on the part of County or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions for each day the $ Contract is delayed due to a Compensable Excusable Delay.. per day for each day this

Appears in 2 contracts

Samples: Contract, Contract

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and ; (ii) is due caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers or vendor; and (iii) is caused solely to by fraud, bad faith or active interference on the part of County or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions $395.00 per day for each day the this Contract is delayed due to a Compensable Excusable Delay.

Appears in 1 contract

Samples: Utility Service Transfer Agreement

Compensable Excusable Delay. Excusable Delay is only compensable when (ia) the delay extends the Contract Time; (b) is caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers, or vendor; and (iic) is due caused solely to by fraud, bad faith faith, or active interference on the part of County Municipality or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County Municipality and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions Zero Dollars ($0 ) per day for each day the this Contract is delayed due to a Compensable Excusable Delay.

Appears in 1 contract

Samples: Contract for Services

AutoNDA by SimpleDocs

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and ; (ii) is due caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers or vendor; and (iii) is caused solely to by fraud, bad faith or active interference on the part of County or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions $395.00_ per day for each day the this Contract is delayed due to a Compensable Excusable Delay.

Appears in 1 contract

Samples: Utility Analysis Contract

Compensable Excusable Delay. Excusable Delay is only compensable when (i) the delay extends the Contract Time, and ; (ii) is due caused by circumstances beyond the control of Contractor or its Subcontractors, suppliers or vendor; and (iii) is caused solely to by fraud, bad faith or active interference on the part of County or Consultantits agents. In no event shall Contractor be compensated for interim or non-critical delays which that do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 1139 hereof. County and Contractor recognize and agree that the amount of Contractor’s precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documentsthis Contract, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay Delay, and shall include, but not be limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be the amount set forth in Summary of Terms and Conditions $ per day for each day the this Contract is delayed due to a Compensable Excusable Delay.

Appears in 1 contract

Samples: Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!