Operation Delays STATE shall have the authority to delay or suspend the operations of PURCHASER and contractors of PURCHASER, wholly or in part, under this contract for such period or periods necessary due to fire hazard conditions, severe weather occurrence, surveying for threatened or endangered species listed under the state or federal Endangered Species Act, or any other activity STATE determines to be necessary for identification, management, or protection of a threatened or endangered species. PURCHASER agrees to cooperate with surveying efforts of STATE or its contractors. In no event shall STATE be liable for any costs incurred by PURCHASER by reason of delay or suspension under this section, including but not limited to costs of additional move-in/move-out of equipment and personnel, extra fire and equipment security, and insurance or bonding expenses.
Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
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.
Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.
Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:
Ordinary Hours of Work The ordinary hours of work will be worked any time between 6.00am to 6.00pm Monday to Friday. Ordinary hours of work may be varied by agreement between the Employer and the majority of the employees concerned and the ETU State Secretary (via the relevant full time ETU Official) to accommodate the hours or work required for the most efficient and safe operation of the Employer and the requirements of its client. Where agreement is reached to work alternate hours, occupational health and safety principles will prevail. Proper health monitoring procedures will be introduced and suitable rosters clearly agreed prior to commencing work. Adequate supervision must always be provided. Matters on which agreement may be reached include:
Overtime Work A. Overtime pay is to be paid at the rate of one and one- half (1½) times the basic hourly straight-time rate.
Shift Work Shift work is work not in excess of ordinary hours (ie 38 hours per week), but carried out wholly or partly between the hours of 7.00pm and 7.00am, Monday to Friday. Shift work is work scheduled at least 24 hours prior to the commencement of the shift. Employees required to work shift work will be paid at time and one quarter of the ordinary rate per hour for ordinary hours worked.
00 - HOURS OF WORK 14.01 The Employer does not guarantee to provide work to any employee for regularly assigned hours or any other hours, except as provided for in Article 18.00. Eight (8) hours shall constitute a normal day of work. The normal hours of work shall be between the hours of 7:00 a.m. and 6:00 p.m. for an eight (8) hour day, with one-half or one hour for lunch at the midpoint of the shift. Forty (40) hours shall constitute a normal week's work, Monday through Friday inclusive. Variances beyond one (1) hour of 7:00 a.m. and 6:00 p.m. shall be agreed mutually between the Employer and the Business Manager. The one (1) hour variance is conditional upon the Employer giving the Union and affected employees appropriate advance notice. If the foregoing starting or quitting times are changed without mutual agreement, applicable overtime rates shall be paid for any time worked before or after the above hours as a result of the change of the times.
Dirty Work Where an employee and their supervisor agree that work (other than ship repair work) is of an unusually dirty or offensive nature, the employee shall be entitled to 43 cents per hour extra. Where an employee and their supervisor agree that certain ship repair work is of an unusually dirty or offensive nature, the employee shall be entitled to 58 cents per hour extra.
