Delay by Owner Sample Clauses

Delay by Owner. A. The Owner may delay the beginning of the Work or any part thereof if the necessary lands or rights-of- way for such work shall not have been obtained. The Contractor shall have no claim for additional compensation or damages on account of such delay, but shall be entitled only to any extension of time as hereinafter provided.
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Delay by Owner. If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, or by anyone employed or retained by the Owner (other than the Contractor or any Person for whom the Contractor is responsible) that is inconsistent with the Owner’s obligations under the Contract, and such delay was not the result of an act or omission of the Contractor or any Person for whom the Contractor is responsible, then the Owner shall grant the Contractor an extension of the Project Schedule for a period of time equivalent to the delay to the critical path. The Parties shall use their best efforts to mitigate all costs which may result from any delay to the Project Schedule. Stop Work Order If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other Governmental Authority that is not attributable to Force Majeure and providing that such order was not issued as the result of an act or fault of the Contractor or any Person for whom the Contractor is responsible, then the Owner shall grant the Contractor an extension of the Project Schedule for a period of time equivalent to the critical path delay, if any. Force Majeure Delay If the Contractor is delayed in the performance of the Work by an event of Force Majeure for which the Contractor has delivered to the Owner a notice in accordance with Section 18.1, then the Owner shall grant the Contractor an extension of the Project Schedule for a period of time equivalent to the critical path delay. Delay by Contractor If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or any Person for whom the Contractor is responsible and such delay was not the result of a delay by the Owner pursuant to Section 9.1, a stop work order pursuant to Section 9.2 or an event of Force Majeure pursuant to Section 9.3, then the Contractor shall promptly submit to the Owner and the Owner’s Representative for review a commercially reasonable plan setting forth the measures to be undertaken by the Contractor to accelerate the Work to recover the Project Schedule. The Contractor shall commence to implement any plan accepted by the Owner within three (3) Business Days from the date of acceptance of the plan by the Owner. Such recovery measures shall be without additional cost to the Owner, and provided Contractor has taken all commercially reasonably steps to accelerate the Work to recover the Project Schedule, there shall be no damages due to ...
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Delay by Owner. 11.1 The CONTRACTOR shall have no claim for damages on account of delay but shall be entitled to such additional time wherein to perform and complete this Agreement on CONTRACTOR’s part as the TOWN MANAGER shall certify in writing to be just and reasonable.
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Related to Delay by Owner

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say:

  • Termination by Owner The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • Default by Purchaser IN THE EVENT OF ANY EVENT OF DEFAULT BY PURCHASER, SELLER, AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL BE ENTITLED TO RECEIVE THE DEPOSIT, INCLUDING THE PURCHASER’S PREMIUM, AS LIQUIDATED DAMAGES (AND NOT AS A PENALTY) AND TO TERMINATE THIS AGREEMENT WHEREUPON NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY, EXCEPT FOR THE OBLIGATIONS AND PROVISIONS WHICH ARE EXPRESSLY STATED TO SURVIVE TERMINATION OF THIS AGREEMENT. NOTHING IN THIS SECTION SHALL BE DEEMED IN ANY WAY TO LIMIT, AFFECT OR IMPAIR ANY OF PURCHASER’S INDEMNITIES OR OBLIGATIONS THAT SURVIVE THE TERMINATION OF THIS AGREEMENT OR LIMIT OR IMPAIR SELLER FROM PURSUING ANY REMEDIES AVAILABLE TO SELLER AT LAW OR IN EQUITY AS A RESULT OF SUCH INDEMNIFICATIONS OR OTHER OBLIGATIONS OF PURCHASER THAT SURVIVE THE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IF SELLER TERMINATES THIS AGREEMENT PURSUANT TO A RIGHT GIVEN TO IT HEREUNDER AND PURCHASER TAKES ANY ACTION WHICH INTERFERES WITH SELLER’S ABILITY TO SELL, EXCHANGE, TRANSFER, LEASE, DISPOSE OF OR FINANCE THE PROPERTY OR TAKE ANY OTHER ACTIONS WITH RESPECT THERETO (INCLUDING, WITHOUT LIMITATION, THE FILING OF ANY LIS PENDENS OR OTHER FORM OF ATTACHMENT AGAINST THE PROPERTY), THEN PURCHASER SHALL BE LIABLE FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS AND DISBURSEMENTS AND CONSEQUENTIAL DAMAGES) INCURRED BY SELLER BY REASON OF SUCH ACTION TO CONTEST BY PURCHASER.

  • Default by Contractor Contractor will be in default under this Contract if:

  • Termination by Owner for Convenience (a) The Owner may, at any time, terminate the Contract for the Owner's convenience without cause upon the expiration of 48 hours written notice to the Contractor of such termination.

  • Termination by Owner for Cause This Agreement may be terminated by Owner (or the Property Manager may be required by Owner to change its personnel assigned as Property Manager for the Property) at any time during the term hereof upon written notice to Property Manager effective immediately for any of the following causes:

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