DELAY CLAIMS Sample Clauses

DELAY CLAIMS. Subject to the provisions of Articles 8 and 12, if the Contractor is entitled to recover additional costs incurred and/or to have an adjustment in the Contract Time as a result of events set forth in Subparagraph 6.3.1, those costs shall be recoverable and an equitable time extension granted. Subject to Paragraph 10.2, to the extent the Contractor causes delay in the completion of the Work, the Owner shall be entitled to recover its additional costs following the procedures established in Article 12.
View SourceView Similar (6)
DELAY CLAIMS. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay.
View SourceView Similar (2)
DELAY CLAIMS. Architect/Engineer is not entitled to make any charges or claims for damages for any delays or hindrances from any cause whatsoever during the progress of any portion of the Services specified in the Agreement. The delays or hindrances, if any, may be compensated for by an extension of time for that reasonable period that may be mutually agreed upon between the parties; it being understood, however, that, in permitting the Architect/Engineer to proceed to complete its services or any part of them after the date to which the time of completion may have been extended, in no way operates as a waiver on the part of the Board of any of its rights under the Agreement.
View Source
DELAY CLAIMS. 12.5.1 If the Trade Contractor is obstructed, hindered or delayed in the commencement, prosecution or completion of the Work, without fault on its part, by the Owner, the Design Consultants any other Trade Contractor employed by the Owner, or by changes in the Work, or by reason of unknown conditions (including those specified in Paragraph 9.6), adverse weather conditions, fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect to materials or labor, or by an economic industry-wide strike or lockout beyond the Trade Contractor's reasonable control (all of which shall be deemed "Excusable Delays") then the sole and exclusive remedy of the Trade Contractor shall be to notify the Owner of such Excusable Delays and to proceed in accordance with the procedures specified in Paragraph 9.6. 12.5.2 In the event the Trade Contractor seeks to make claim for additional compensation on account of delays not contemplated and provided the notice required by Paragraph 12.4.2, and either (a) the Owner acquiesces in the claim or (b) a court of competent jurisdiction determines the Trade Contractor may recover 45 53 additional compensation for delay, such compensation shall be limited to an adjustment of the Trade Contract Price to cover the actual additional costs resulting from such delay, to the extent provided in Paragraph 9.5, without regard to any other claimed damages, whether direct, indirect, consequential, incidental or otherwise.
View Source
DELAY CLAIMS. FORWARD AIR will undertake to deliver the lading described on the Waybill under reasonable dispatch using next available equipment and shall attempt to effect delivery pursuant to the schedules and transit times as otherwise held out by FORWARD AIR. FORWARD AIR does not guarantee that delivery will be effected to meet any particular market, dispatch, exhibition, or sailing. FORWARD AIR does not accept liability for special or consequential damages or delays in delivery. Customer hereby agrees that, in any event, FORWARD AIR's maximum liability for delay shall be an amount equal to the related transportation charges incurred.
View Source
DELAY CLAIMS. Subject to the provisions of Articles 8 and 12, if the Contractor is entitled to recover additional costs incurred and/or to have an adjustment in the Contract Time as a result of events set forth in Subparagraph 6.3.1, those costs shall be recoverable and an equitable time extension granted. Subject to Paragraph 10.2, to the extent the Contractor causes delay in the completion of the Work, the Owner shall be entitled to recover its additional costs following the procedures established in Article 12. AGC DOCUMENT NO. 200 STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (Where the Contract Price is a Lump Sum) 1997, The Associated General Contractors of America
View Source
DELAY CLAIMS. Consultant represents and warrants that the provisions herein contained for extension of time are fair and adequate, and that Consultant has had an opportunity to make provision for any and all delays within the contemplation of the parties. Accordingly, it is understood and agreed that Consultant shall not have or assert any claim for damages, or prosecute any suit, action, cause of action, arbitration claim or other proceeding against the Board for such damages arising from any delay or hindrance in the completion of the work called for in this Agreement due to any act or omission on the part of the Board its agents, servants and employees, or otherwise.
View Source

Related to DELAY CLAIMS

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

  • Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties attributable to the period on or prior to the Closing except to the extent relating to the Assumed Liabilities;

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph