Contractor’s Delay Sample Clauses

The CONTRACTOR’S DELAY clause defines the rules and consequences when the contractor fails to complete work within the agreed timeframe. Typically, this clause outlines what constitutes a delay, the process for notifying the other party, and any penalties or remedies, such as liquidated damages, that may apply if deadlines are missed. Its core function is to allocate responsibility for project delays, incentivize timely performance, and provide a clear mechanism for addressing late completion.
Contractor’s Delay. 24.1 Save what is stated in Article 11.2 concerning delayed progress due to Company, delay occurs when the Work prescribed in Appendix C has not been completed in accordance with the Contract by a penalty milestone. In relation to the Delivery Date, delivery shall be deemed to have taken place at the conclusion of the Delivery Protocol, or at the time it should have been concluded in accordance with Article 19.2. 24.2 If the Work is delayed in relation to the penalty milestones set forth in Appendix C, then Contractor shall pay liquidated damages to Company as set out in Appendix B. If, however, Completion is met within the date agreed for such, then Company's right to liquidated damages for earlier delay ceases, unless (and to the extent) Company has suffered losses or costs by such earlier delays. Contractor's cumulative liability for liquidated damages for delay under the Contract is limited to 20 % of the Contract Price. 24.3 Company may terminate the Contract in accordance with Article 26.1 due to delay.
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Contractor’s Delay. Save what is stated in Art. 11 concerning delayed progress, delay occurs when Work prescribed in the Contract Schedule has not been completed in accordance with the Contract.
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Contractor’s Delay. Delay occurs when the Work has not been car- ried out according to Contract and in accord- ance with Exhibit C – Contract Schedule.
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Contractor’s Delay. 19.1 If the Contractor, due to negligence, fails to start or complete the corrective maintenance work at the agreed time, the Customer may by notice In Writing to the Contractor fix a final reasonable period for starting or completing the corrective maintenance work, which period shall not be less than one week. If the Contractor fails to start or complete the corrective maintenance work within such final reasonable period, the Customer is entitled to liquidated damages from the date on which the work had to be completed. The liquidated damages shall be payable at a rate of 0.5 per cent of the price for each completed week of delay. The liquidated damages shall not exceed 2.5 per cent of the price. The Purchaser (not defined) shall forfeit his right to liquidated damages if he has not lodged a claim In Writing for such damages within six months after the time when delivery should have taken place. 19.2 If the delay is such that the Customer is entitled to maximum liquidated damages under Clause 19.1 and if the corrective maintenance work is still not completed the Customer may In Writing demand delivery within a final reasonable period which shall not be less than one week. 19.3 If the Contractor does not deliver within such final period and this is not due to any circumstance for which the Customer is responsible, then the Contractor may by notice In Writing to the Contractor terminate the Contract in respect of such part of the work as cannot in consequence of the Contractor’s failure to deliver be used as intended by the parties. 19.4 If the Customer terminates the Contract he shall be entitled to compensation for the loss he has suffered as a result of the Contractor’s delay. The total compensation, including the liquidated damages which are payable under Clause 19, shall however be limited with due observance of Clause 30. 19.5 Liquidated damages under Clause 19.1 and termination of the Contract with limited compensation under Clause 19.4 are the only remedies available to the Customer in case of delay on the part of the Contractor. All other claims against the Contractor based on such delay shall be excluded, except where the Contractor has been guilty of Gross Negligence.
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Contractor’s Delay. Save what is stated in Art. 11 concerning delayed progress, Contractor shall be deemed to be in delay if the work content of any milestone set out in the Appendix C is not completed by the relevant milestone date. In relation to the Take-Over Date, take-over shall be deemed to have taken place at the signature of the Take-Over Certificate, or at the time it should have been signed in accordance with Art. 19.1 and 19.2.
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Related to Contractor’s Delay

  • Contractor’s Documents Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click- through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section.

  • Contractor’s Duties Notwithstanding termination of the contract and subject to any directions from the procurement officer, Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest.

  • Contractor’s Expense The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the

  • Tenant’s Work Section 5.1 Tenant will not make any changes to the Premises, the Building, the Building systems, or any part thereof (collectively, “Tenant’s Work”), without Landlord’s consent. Tenant’s Work will be performed, at Tenant’s expense, in a professional manner using new materials of first class quality as reasonably determined by Landlord and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2). Section 5.2 Prior to performing any Tenant’s Work which, pursuant to this Article, requires Landlord’s consent, Tenant will, at Tenant’s expense (a) deliver to Landlord, detailed plans and specifications for Tenant’s Work in form reasonably satisfactory to Landlord prepared and certified by a registered architect or licensed engineer, and suitable for filing with the applicable Authority, if filing is required by Law (“Tenant’s Plans”), (b) obtain Landlord’s approval of Tenant’s Plans (which will not be unreasonably withheld or delayed to the extent Landlord’s consent to Tenant’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article), (c) obtain (and deliver to Landlord copies of) all required authorizations of any Authority, (d) deliver to Landlord certificates (in form reasonably acceptable to Landlord) of worker’s compensation insurance (covering all persons to be employed by Tenant, and all contractors and subcontractors performing any Tenant’s Work), commercial general liability insurance (naming Landlord, Landlord’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds) and Builder’s all risk insurance (issued on a completed value basis), in form, with companies, for periods and in amounts reasonably required by Landlord, naming Landlord, Landlord’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds. Tenant will promptly reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection with Landlord’s review of Tenant’s Plans and inspection of Tenant’s Work, including outside experts retained by Landlord for that purpose. Following the completion of Tenant’s Work, Tenant will, at Tenant’s expense, obtain and deliver to Landlord copies of all authorizations of any Authority required upon the completion of Tenant’s Work and “as-built” plans and specifications for Tenant’s Work prepared as reasonably required by Landlord. Section 5.3 If, in connection with Tenant’s Work or any other act or omission of Tenant or Tenant’s employees, agents or contractors, a mechanic’s lien, financing statement or other lien or violation is filed against Landlord, or any part of the Premises, the Building or Tenant’s Work, Tenant will, at Tenant’s expense, have it removed by bonding or otherwise within 30 days after Tenant receives notice of the filing. Section 5.4 Tenant will not employ, or permit the employment of, any contractor, subcontractor or other worker for purposes of conducting physical work in the Premises, whether in connection with Tenant’s Work or otherwise, if such employment will, in Landlord’s reasonable judgment, interfere or cause conflict with other contractors, subcontractors or workers in the Building. Section 5.5 At Tenant’s request, Landlord will join in any applications for any authorizations required from any Authority in connection with Tenant’s Work (to which Landlord has consented, if required pursuant to this Article), and otherwise cooperate with Tenant in connection with Tenant’s Work, but Landlord will not be obligated to incur any expense or obligation in connection with any such applications or cooperation. Section 5.6 Tenant will not place a load on any floor of the Premises exceeding the floor load per square foot which the floor was designed to carry and which is allowed by any Law. Section 5.7 On or before the Expiration Date, Tenant will, at Tenant’s expense, remove from the Premises and the Building (a) Tenant’s trade fixtures, equipment and personal property which are removable without material damage to the Premises or the Building (“Tenant’s Property”), and (b) any Tenant’s Work which is not an ordinary nonstructural office installation and which Landlord designates for removal in a notice given by Landlord to Tenant on or before the date which is 90 days prior to the Fixed Expiration Date (or five days prior to the Earlier Expiration Date, if applicable), and repair any damage to the Premises or the Building caused by the installation or removal of Tenant’s Property or Tenant’s Work. If, at the time Tenant requests Landlord’s consent to Tenant’s Plans, Tenant requests Landlord to designate the portions of Tenant’s Work which must be removed pursuant to this Section, Landlord will make that designation on the date Landlord gives Landlord’s consent to Tenant’s Plans. Except as expressly provided in this Section, Tenant’s Work will not be removed and will, on the Expiration Date, become the property of Landlord. Any Tenant’s Property or Tenant’s Work (which Tenant was required to remove) which is not removed by Tenant by the Expiration Date will be deemed abandoned and may, at Landlord’s option, be retained as Landlord’s property or disposed of by Landlord at Tenant’s expense.