Contractor Delays Sample Clauses

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Contractor Delays. Contractor agrees that successful implementation of the Integrated System is dependent, in part, on Contractor’s timely and effective satisfaction of Contractor’s Responsibilities. Contractor shall be responsible for the performance of its obligations set forth in this Agreement, the RFR and each Task Order, the performance of its Personnel and the accuracy and completeness of all data and information provided to Client hereunder. Contractor acknowledges and agrees that Contractor shall fulfill all Contractor Responsibilities in a timely manner and meet all Milestone Dates designated in each Task Order Schedule within ten (10) Business Days following the applicable Milestone Date. In the event that Contractor fails to meet a Milestone or within ten (10) Business Days following the applicable Milestone Date, to the extent such Contractor Delay is not caused by or is not the result of an Excused Delay, (each, a “Contractor Delay”), Client may retain two percent (2%) of the Holdback Amount with respect to the payment related to the Deliverables (other than Third Party Software and Third Party Equipment) included in the missed Milestone, notwithstanding the terms of Section 9.9. If, however, Contractor meets the next Milestone Date, if any, set forth in the relevant Task Order Schedule, Contractor shall be entitled to payment, in accordance with the terms of Section 9.9, of such retained amount for the previous missed Milestone. If Client exercises its right to retain Holdback in accordance with this Section for Contractor’s failure to meet a Milestone Date, Client shall not also be entitled to terminate the Agreement in accordance with Section 16.3(a) based upon Contractor’s failure to meet the same Milestone Date. Contractor acknowledges and agrees that the performance of its obligations under this Section 6.3(b) shall be subject to the time periods set forth herein without any further opportunity for Contractor to cure.
Contractor Delays. Time is an important and material consideration in the performance of this Agreement by Contractor. Contractor agrees to cooperate with Company in scheduling the Work so that the project and other activities at Company’s site will progress with a minimum of delays. Company shall not be responsible for compensating Contractor for any costs of overtime or other premium time work unless Company has provided separate prior written authorization for additional compensation to Contractor, and, if Company provides such written authorization, such additional compensation shall be limited to Contractor’s actual cost of the premium portion of wages, craft fringe benefits, and payroll burdens. Contractor shall be liable for all failures, delays, and interruptions in performing any of its obligations under this Agreement which are not (a) caused by Company and reported in accordance with Article 4, (b) excused by Article 5, or (c) directed by Company pursuant to Article 7. Contractor shall, without adjustment to completion date or Contract Price, be obligated to make up time lost by such failures, delays, or interruptions. Company may suspend payments under this Agreement during the period of any such failure, delay, or interruption.
Contractor Delays. The Contractor agrees that whenever it becomes apparent from review of the current monthly Project Schedule Update that delays to the critical path have resulted and, hence, that any Substantial Completion Date or Final Completion Date established by the Contract will not be met, or when so directed by the Owner, the Contractor shall take some or all of the following actions at no additional cost to the Owner: A. Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of Work; B. Increase the number of working hours per shift; shifts per working day, or days per week; the amount of construction equipment; the forms for concrete work or other trade specific materials or equipment; or any combination of the foregoing to substantially eliminate the backlog of Work; C. Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with those revisions. D. The Contractor shall submit to the Owner’s Representative for review, a written statement of the steps the Contractor intends to take to remove or arrest the delay to the Project Schedule. If the Contractor shall fail to submit a written statement of the steps it intends to take or should fail to take such steps as required by the Contract, the Owner or the Owner’s Representative may direct the level-of-effort in manpower (trades), equipment, and work schedule (overtime, weekend and Holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the accepted Project Schedule, and the Contractor shall promptly provide such level-of-effort at no additional cost to the Owner. In addition, should schedule delays persist, the Contractor’s Surety will be asked to attend meetings to update the Project Schedule. E. Should it be deemed necessary, in the Owner’s sole discretion, that delays or incomplete work have warranted the use of outside sources to arrest a delay or to complete incomplete work, the Owner reserves the right to back-charge the Contractor for all costs incurred by the Owner in the use of outside sources.
Contractor Delays. If issues solely associated with the Launch Vehicle cause any delay that is not an Excusable Delay exceeding (***) (in the aggregate) beyond the Launch Date, Contractor agrees to pay Customer delay fees based on the following schedule: (a) (***); (b) (***); and (c) (***). Any fractional month(s) shall be calculated on a pro-rata basis. (***).
Contractor Delays. Exhibit E sets forth the certain consequences for Contractor’s failure to perform the Work and complete certain Milestones in accordance with the Throughput Model. Exhibit I sets forth the certain consequences for Contractor’s failure to perform the Work to support Company Network Vendors. Liquidated damages and other amounts payable as set forth in Exhibit E and Exhibit I and Company’s remedies described in Section 10.3 are the sole and exclusive remedies of Company for Contractor’s failure to perform the Work in accordance with the Throughput Model or to support the Network Vendors.
Contractor Delays. The Contractor agrees that whenever it becomes apparent from review of the current monthly Project Schedule Update that delays to the critical path have resulted and, hence, that any Substantial Completion Date or Final Completion Date established by the Contract will not be met, or when so directed by the Owner, the Contractor shall take some or all of the following actions at no additional cost to the Owner: A. Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of Work; B. Increase the number of working hours per shift; shifts per working day, or days per week; the amount of construction equipment; the forms for concrete work or other trade specific materials or equipment; or any combination of the foregoing to substantially eliminate the backlog of Work;
Contractor Delays. Contractor shall pursue the Work without delay. If Contractor is responsible for any delays in the time and sequence of the Project Schedule or the Deliverable Schedule, Contractor shall be subject to liquidated damages in the event of a delay as set forth in Section 25 of this Contract or other damages as applicable.
Contractor Delays. Contractor agrees to timely meet each Critical Milestone Date set forth in each Task Order. Contractor will meet all other dates set forth in each FP Task Order schedule, and will inform Client as promptly as reasonably possible regarding any anticipated delays.
Contractor Delays. (a) If the performance of all or any part of Subcontractor’s obligations of this Subcontract is delayed by an act of Contractor in the administration of this Subcontract that is not expressly or impliedly authorized by this Subcontract, or by a failure of Contractor to act within the time specified in this Subcontract, or within a reasonable time if not specified, then: (i) an equitable adjustment shall be made in the Performance or Delivery Schedule and any other term or condition affected by the delay, and the Subcontract shall be modified, in writing, accordingly; HOWEVER, (ii) no adjustment shall be made pursuant to this Article for any delay to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of Subcontractor, or for which an adjustment is provided or excluded under any other term or condition of this Subcontract. (b) A claim under this Article shall not be allowed for any costs incurred more than 20 days before Subcontractor notifies Contractor in writing of the act or failure to act involved; and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay.