Delay of Work. If the performance of all or any part of the work is delayed or interrupted by an act of the Contracting Officer in the administration of this Contract, which act is not expressly or impliedly authorized by this Contract, or by his failure to act within the time specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this Contract caused by such delay or interruption and the Contract modified in writing accordingly. Adjustment shall be made also in the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall be made under this article for any delay or interruption (i) to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor; or (ii) for which an adjustment is provided or excluded under any other provision of this Contract. No claim under this clause shall be allowed: (a) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and (b) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such delay or interruption, but not later than the date of final payment under the Contract.
Appears in 2 contracts
Samples: Design, Build, Installation, Operation and Maintenance Agreement, Design, Build, Installation, Operation and Maintenance Agreement
Delay of Work. a. If the performance of all or any part of the work is delayed or interrupted by an act of the Contracting Officer in the administration of this Contract, which act is not expressly or impliedly authorized by this Contract, or by his failure to act within the time specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this Contract caused by such delay or interruption and the Contract contract modified in writing accordingly. Adjustment shall be made also in the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall be made under this article for any delay or interruption interruption
(i1) to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor; or or
(ii2) for which an adjustment is provided or excluded under any other provision of this Contract. .
b. No claim under this clause shall be allowed:
(a1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and and
(b2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such delay or interruption, but not later than the date of final payment under the Contract.
Appears in 1 contract
Samples: Basic Ordering Agreement
Delay of Work. If the performance of all or any part of the work Work is delayed or interrupted by an act of the Contracting Officer in the administration of this Contract, which act is not expressly or impliedly authorized by this Contract, or by his his/her failure to act within the time specified, an adjustment (excluding profit) shall will be made for any increase in the schedule or cost of performance of this Contract caused by such delay or interruption and the Contract modified in writing accordingly. Adjustment shall will be made also in to the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall will be made under this article Article for any delay or interruption (i) to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor; or (ii) for which an adjustment is provided or excluded under any other provision of this Contract. No claim under this clause shall will be allowed: (a) allowed for any costs incurred more than 20 twenty (20) working days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and (b) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination end of such delay or interruption, but not later than the date of final payment under the Contract.
Appears in 1 contract
Samples: Purchase Order