Common use of Conditions to Relief for Delay Clause in Contracts

Conditions to Relief for Delay. Developer’s entitlement to extensions of time for delay to any milestone contained in this Agreement, the Master Development Plan or a Facility Implementation Plan, and to other relief on account of delay, including compensation and termination rights, shall be subject to the following terms and conditions: 10.5.1 It must be demonstrated to TxDOT’s reasonable satisfaction that the delay is not due to, nor concurrent with a Critical Path delay that is due to any breach of the Contract Documents or fault or negligence, or culpable act or failure to act of Developer, Subcontractors or any other Persons for whom Developer is legally or contractually responsible; 10.5.2 It must be demonstrated to TxDOT’s reasonable satisfaction that the delay could not reasonably have been avoided by Developer, Subcontractors or any other Persons for whom Developer is legally or contractually responsible; 10.5.3 The delay must be related to an activity on the Critical Path of the schedule under which a time extension is being sought (after consumption of all available float); 10.5.4 Developer’s schedule showing a delay to the Critical Path must in fact set forth a reasonable method for completion of the affected Work; 10.5.5 Developer shall provide to TxDOT an impacted delay analysis in a form reasonably satisfactory to TxDOT indicating all activities affected by the event or circumstance, showing activity sequencing, durations, predecessor and successor activities, and resources, including available float and cost, and including a narrative report; and 10.5.6 It must be demonstrated to TxDOT’s reasonable satisfaction that the event or circumstance for which delay is claimed has caused or will cause an identifiable and measurable delay or disruption of the Work.