Concurrent Delays. To the extent the Design/Builder is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Design/Builder or by an Unexcusable Delay, the Design/Builder shall not be entitled to any additional costs for the period of such concurrency.
Concurrent Delays. (a) In the event of a concurrent HQUS Delay and Owner Delay (a “Concurrent Delay”), for each day (or part thereof) during which a Concurrent Delay is continuing, Owner will pay to Distribution Company an amount equal to One Hundred Dollars ($100) per MW of Contract Capacity per day for the period commencing on the Target Date and ending on the earliest of (w) the date on which either the Québec Line or the NECEC Transmission Line is capable of commercial operation but for the other Party’s delay, (x) the Commercial Operation Date, (y) the date on which Distribution Company terminates this Agreement under Section 14.4 hereof, and (z) twelve (12) months after the Target Date.
(b) The Parties acknowledge and agree that the payment of amounts by Owner to Distribution Company under clause (a) above is an appropriate remedy and that any such payment does not constitute a forfeiture or penalty of any kind. The Parties further acknowledge and agree that the damages for a Concurrent Delay are difficult or impossible to determine and that the damages calculated hereunder constitute a reasonable approximation of the harm or loss to Distribution Company as a result thereof.
(c) The rights provided in Section 3.3.3 and this Section 4.4.2 shall collectively be the sole and exclusive remedies of Distribution Company with respect to a Concurrent Delay. The foregoing sentence shall not be construed in any way to limit (i) Distribution Company’s rights to recover any costs or expenses (including reasonable attorneys’ fees) reasonably incurred by Distribution Company to recover any amounts owed to Distribution Company by Owner under this Agreement, or (ii) Distribution Company’s rights to recover payment of any indemnification obligations of Owner to Distribution Company pursuant to Section 20.1.
Concurrent Delays. Where more than one delay is occurring at the same time and the cause of at least one of those delays is not a cause entitling the Subcontractor to an Extension of Time, the Subcontractor is not entitled to an Extension of Time.
Concurrent Delays. Any delay in the Work caused by any act or omission of Contractor or any subcontractor or vendor of any tier, which independently affects the Contract Time will not entitle the Contractor to an extension of time as provided in Paragraph 19 (“Contractor Delay”). Accordingly, Contractor is only entitled to an extension of time to the extent that an Excusable Delay exceeds a Contractor Delay when they are concurrent.
Concurrent Delays. To the extent the Job Order Contractor may be entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Job Order Contractor or by an Inexcusable Delay, the Job Order Contractor shall not be entitled to any additional costs for the period of such concurrency.
Concurrent Delays. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the Contractor may not recover damages for the period of the concurrency under the provisions of Article 6.6.2, and the maximum extension of the Contract Time shall be equal to the Excusable Delay or the Compensable Delay.
Concurrent Delays. (a) In the event of a concurrent Purchaser Delay and Owner Delay (a “Concurrent Delay”), for each day (or part thereof) during which a Concurrent Delay is continuing, Owner shall pay to Distribution Company the amounts required under Section 4.4.2(a) of the Distribution Company TSA; provided, however, that Purchaser shall be liable to Owner for such portion of the amounts paid by Owner to Distribution Company under Section 4.4.2(a) of the Distribution Company TSA that is in proportion to Purchaser’s share of liability for the Concurrent Delay.
Concurrent Delays. If there are concurrent delays and impacts, some of which entitle the Contractor to relief under this GC6.5 and some of which do not, the Contractor is not entitled to relief under this GC6.5, the Contractor shall be entitled to an extension of the Contract Time, and if applicable an adjustment of the Contract Price in respect of a Owner-Caused Event, only to the extent that the delays entitling the Contractor to relief under this GC6.5 exceed those that do not so entitle the Contractor to such relief; and
Concurrent Delays. Notwithstanding the above, if there are multiple, concurrent delays, the Parties agree to work together to mitigate the total impact to the HTP, without regard to fault. The residual cost impacts following mitigation will be shared in proportion to the responsibility for the events contributing to the cost impacts.
Concurrent Delays. To the extent the Construction Manager may be entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Construction Manager or by an Inexcusable Delay, the Construction Manager shall not be entitled to any additional costs for the period of such concurrency.
