Delay Costs. Delay Costs shall be determined as follows:
Delay Costs. In the event the Developer is delayed in the performance of the critical path activities of the Work by any act, omission, interference or neglect by the Owner, then the Developer shall be permitted an adjustment in the Contract Sum for any additional job site costs actually incurred as a result of the delay to the critical path activities of the Work if:
(a) the act, omission or interference continues for more than five (5) days after Xxxxxxxxx’s written notice to Owner of such act, omission or interference;
(b) the effect of all such acts, omissions or interferences, in the aggregate, on the Project’s completion exceeds ten percent (10%) of the original time for allotted for Final Completion of the Work under this Agreement; and
(c) the Developer provides such written verification of the Developer’s Allowable Costs as defined in Paragraph 5.6.
Delay Costs. (a) To the extent a Delay arises which is attributable to the Customer’s breach of this Agreement, a failure to provide any Critical CSI or the acts or omissions of an Other Supplier, the Supplier:
(i) may advise the Customer of any proposed changes to the Price, the quantum of which must not exceed any additional, incremental cost and expense (calculated on a cost-only basis) directly attributable to:
A. undertaking and implementing any workarounds or remedial measures which are within the Supplier’s control to implement or adopt, and which would minimise or lessen the impact of that Delay; and
B. any increase in the Supplier's Activities, or in the cost of the Supplier’s Activities, as a result of that Delay, (Additional Activities);
(ii) must accompany any advice under clause 6.9(a)(i) with sufficient supporting evidence to substantiate the calculation of its proposed changes to the Price in accordance with the principles set out in that clause; and
(iii) may prepare and submit to the Customer a Change Request Form, which complies with clause 10, in respect of the Additional Activities referred to in clause 6.9(a)(i).
(b) The parties will comply with the Change Control Procedure in relation to the Change Request initiated by that Change Request Form, including any approval, rejection or request for further information. For clarity, however (and subject to clause 6.9(c)), the Supplier is not required to perform any of the Additional Activities unless the Change Request is approved by the Customer.
(c) Nothing in clause 6.9(b) will prevent the parties reaching some other written agreement in relation to the Additional Activities, for example, the Supplier performing aspects of the Additional Activities on an urgent and/or interim time and materials basis, subject to the subsequent formalisation of a detailed Change Request.
Delay Costs. Subject to special condition 4.2.5(b), the Contractor will be entitled to the additional Costs that it has incurred in respect of the period of the extension of time granted under special condition 4.
Delay Costs. Where the Supplier has been granted an Extension of Time under clause 21.1 for any delay caused by:
(a) a Delay Event referred to in clause 21.1(b)(i); or
(b) any other event for which payment of extra costs for delay or disruption is provided in the RFQ, Essential Energy shall pay to the Supplier such extra direct costs (excluding corporate overheads and similar charges and profit) as are necessarily and reasonably incurred by the Supplier by reason of the delay. Nothing in this clause 21.3 shall oblige Essential Energy to pay extra costs for delay which have already been included in another payment under the relevant Purchase Order Contract.
Delay Costs. If the Supplier is responsible for the delay, the Supplier will reimburse Amplitel for any additional substantiated costs reasonably incurred by Amplitel during any extension granted under cl 3.2, which will be reduced to the extent that Amplitel is responsible for the delay.
Delay Costs. In the event the Developer is delayed in the performance of the critical path activities of the Work by any act, omission, interference or neglect by the Owner, then the Developer shall be permitted an adjustment in the Contract Sum for any additional job site costs actually incurred as a result of the delay to the critical path activities of the Work if:
Delay Costs. Other than payments to which the Contractor may be entitled to under paragraph 15.2(b), the Contractor will not be entitled to any claim for damages or costs resulting from delay or disruption or suspension from any cause (including breach by the Customer).
Delay Costs. 12.1 If delays are experienced due to no fault of Assured Environmental hourly rates shall apply as listed below. These fees relate to labour and equipment downtime which is a direct consequence of acts of force majeure (including inclement weather e.g. rain, high winds, storms) and all other factors except those encountered as a result of Assured Environmental.
12.2 Downtime charges also relate to the delaying and movement of planned on-site work after equipment has been freighted to site. Equipment downtime charges as list below apply in this case.
Delay Costs. For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 31A. Nothing in this subclause 34.9 shall oblige the Principal to pay extra costs for delay – which have already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause, (except to the extent, if any, that Item 31 provides otherwise); to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.’
