Common use of Contractor Obligation to Mitigate Delay Clause in Contracts

Contractor Obligation to Mitigate Delay. With respect to Sections 6.7 and 6.8, in no event shall Contractor be entitled to any adjustment to the Milestone Dates or any adjustment to the Guaranteed Maximum Price for that portion of delay to the extent Contractor could have taken, but failed to take, reasonable actions to mitigate such delay.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Global Clean Energy Holdings, Inc.), Engineering, Procurement and Construction Agreement (Global Clean Energy Holdings, Inc.)

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Contractor Obligation to Mitigate Delay. With respect to Sections 6.7 and 6.8, in In no event shall Contractor be entitled to any adjustment to the Key Milestone Dates or any adjustment to Schedule, Guaranteed Substantial Completion Date, Required Final Completion Date and the Guaranteed Maximum Contract Price for that portion of delay to the extent Contractor could have taken, but failed to take, commercially reasonable actions to mitigate such delay.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Mirant Corp), Engineering, Procurement and Construction Agreement (Mirant Corp)

Contractor Obligation to Mitigate Delay. With respect to Sections 6.7 6.8 and 6.86.9, in no event shall Contractor be entitled to any adjustment to the Milestone Dates Guaranteed Mechanical Completion Date or any adjustment to the Guaranteed Maximum Price Project Schedule for that portion of delay to the extent Contractor could have taken, but failed to take, reasonable actions to mitigate such delay.

Appears in 2 contracts

Samples: Construction Agreement (Cheniere Corpus Christi Holdings, LLC), Construction Agreement (Cheniere Corpus Christi Holdings, LLC)

Contractor Obligation to Mitigate Delay. With respect to Sections 6.7 and 6.8, in no event shall Contractor be entitled to any adjustment to the Milestone Key Dates or any adjustment to the Guaranteed Maximum Contract Price for (i) that portion of delay to the extent Contractor could have taken, but failed to take, reasonable actions to mitigate such delaydelay or (ii) that portion of delay that would nevertheless been experienced had such delay event in Section 6.7 or 6.8 not occurred.

Appears in 2 contracts

Samples: Epc Agreement (NextDecade Corp.), Epc Agreement (NextDecade Corp.)

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Contractor Obligation to Mitigate Delay. With respect to Sections 6.7 and 6.8, in no event shall Contractor be entitled to any adjustment to the Milestone Guaranteed Dates or any adjustment to the Guaranteed Maximum Contract Price for that portion of delay to the extent Contractor could have taken, but failed to take, reasonable actions to mitigate such delay.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy, Inc.)

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