Common use of Decision by Owner Clause in Contracts

Decision by Owner. Within thirty (30) Days after cessation of an event-giving rise to either an Excusable Delay or Unexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Unexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Unexcused Delays, the Owner will provide the Design/Builder with written notice of Owner's determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay within ten (10) Days after receipt by the Owner of the Design/Builder's written request for such determination. The issuance by the Owner of such a determination shall not, however, be deemed a concurrence by the Design/Builder of the matters set forth therein, and the Design/Builder may invoke the dispute resolution procedures with respect to such determination. Pending completion of dispute resolution procedures, the Design/Builder may take such acceleration or other measures on account of the Owner's determination of Unexcusable Delay, and if completion of the dispute resolution procedures results in the Owner's determination being changed to Excusable Delay, the costs associated with such measures shall be paid by the Owner as an increase to the GMP in accordance with the Change Order provisions of this Agreement.

Decision by Owner. Within thirty ten (3010) Days after cessation of an event-event giving rise to either an Excusable Delay or Unexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Unexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Unexcused Delays, the Owner will provide the Design/Builder with written notice of Owner's determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay within ten (10) Days after receipt by the Owner of the Design/Builder's written request for such determination. The issuance by the Owner of such a determination shall not, however, be deemed a concurrence by the Design/Builder of the matters set forth therein, and the Design/Builder may invoke the dispute resolution procedures with respect to such determination. Pending completion of dispute resolution procedures, the Design/Builder may take such acceleration or other measures on account of the Owner's determination of Unexcusable Delay, and if completion of the dispute resolution procedures results in the Owner's determination being changed to Excusable Delay, the costs associated with such measures shall may be paid by the Owner as an increase to the GMP in accordance with the Change Order provisions of this Agreement.