Contractor Delays Sample Clauses

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.
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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.
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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. (***).
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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.
Sample 1
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;
Sample 1
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.
Sample 1
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.
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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.
Sample 1
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.
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Related to Contractor Delays

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • Extra Work At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

  • Permission to Leave Work The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that each xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no xxxxxxx shall leave their work without permission of their supervisor, which will not be unreasonably withheld.

  • Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.

  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.