Delay by Board or Design Professional Sample Clauses

Delay by Board or Design Professional. If the CMR is delayed in the progress of the Work by an act or neglect of the Board, Board’s employees, Design Professional or Separate CMRs employed by the Board, or by labor disputes not reasonably anticipated, or by other causes beyond the CMR's control which the Board determines are the fault of the Board or the Design Professional and may justify delay, then the Contract Sum may be adjusted and the Contract Time may be extended by Change Order for such reasonable time as the Board may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the CMR has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CMR, the CMR's agents or employees did not materially contribute to such causes; and
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Delay by Board or Design Professional. If the CMR is delayed in the progress of the Work by an act or neglect of the Board, Board’s employees, Design Professional or Separate CMRs employed by the Board, or by labor disputes not reasonably anticipated, or by other causes beyond the CMR's control which the Board determines are the fault of the Board or the Design Professional and may justify delay, then the Contract Sum may be adjusted and the Contract Time may be extended by Change Order for such reasonable time as the Board may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the CMR has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CMR, the CMR's agents or employees did not materially contribute to such causes; and (iv) the CMR shall have notified Board of the cause or causes of such delay within fourteen days from the date on which the CMR first becomes aware of such delay. Extension of time and compensation for compensable delay are to be processed as a Change Order pursuant to Sections 3.4.6 and 3.4.7.
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Related to Delay by Board or Design Professional

  • Note to Design Professional Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date.

  • Design Professional The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional.

  • Design Professional to Design Work The Design Professional Contract requires the Design Professional to design and to prepare the Contract Documents, a copy of which shall be furnished to the Contractor upon request. The Design Professional Contract requires the Design Professional to designate a readily accessible representative (either on Site or by computer, phone or fax or otherwise) who shall have authority promptly to render decisions and to furnish information required of the Design Professional.

  • FINAL DETERMINATION BY BOARD The Board shall have the right and power to adjust and determine finally all questions as to the proper and timely performance of the work and the amounts earned under this Contract, all as provided in General Conditions.

  • Design Professional Contract The Contract between the Owner and the Design Professional for the design of the Project.

  • Modified Indemnity Where Agreement Involves Design Professional Services Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

  • ACTION BY BOARD In the absence of a recommendation from the superintendent pursuant to this section, or when the board of education chooses not to accept the superintendent's recommendation, the board may initiate action without such recommendation provided that it adheres to the other provisions of this policy.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CHSI has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement.

  • Franchise Tax Board Review (a) In addition to the reporting requirements in section 6, Taxpayer agrees to comply with the FTB’s review of the books and records for purposes of determining if Taxpayer has complied with the requirements of this Agreement.

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