DELAYS AND DAMAGES. The Contractor agrees to make no claim for extra or additional costs attributable to any delays, inefficiencies, or interference in the performance of this contract occasioned by any act or omission to act by the City except as provided in the Agreement. The Contractor also agrees that any such delay, inefficiency, or interference shall be compensated for solely by an extension of time to complete the performance of the work in accordance with the provision in the standard specification.
DELAYS AND DAMAGES. The Vendor agrees to make no claim for extra or additional costs attributable to any delays, inefficiencies, or interference in the performance of this contract occasioned by any act or omission to act by the City except as provided in the Agreement. The Vendor also agrees that any such delay, inefficiency, or interference shall be compensated for solely by an extension of time to complete the performance of the work in accordance with the provision in the standard specification.
DELAYS AND DAMAGES. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay.
DELAYS AND DAMAGES. In the event of a vehicle being delayed or damaged due to the Client’s failure to comply with the provisions of clauses 24 and 25, the Client shall be liable for additional charges at Concargo’s usual rates, alternatively reasonable rates, and/or such damages as the case may be. In the event of any damage whatsoever being caused to Concargo’s own/leased/hired/contracted vehicle/s and/or equipment whilst loading or off-loading Goods at the Client’s premises (or any other designated premises), then and in such event, the Client shall be liable for the fair and reasonable costs of repairing the damage caused to Concargo’s own/leased/hired/contracted vehicle/s and/or equipment and restoring the vehicle/s and/or equipment to the condition it/they was/were in prior to the damage caused to it. The Client shall be responsible for and shall compensate Concargo in respect of all or any damage sustained by it, should any of its own/leased/hired/contracted vehicles or any part thereof, or any of Concargo’s equipment be damaged while such vehicles and/or equipment are on, or in the process of entering upon, or leaving any loading or off-loading sites, howsoever such damage is caused, whether as a result of loading, off-loading or whether as a result of the sites not being in a proper or good state of repair and/or whether such damage occurs because such sites are not level and clear. The Client shall be liable for such damage, whether same is direct, indirect or consequential. Similarly, should any of Concargo’s own/leased/hired/contracted vehicles and/or any part thereof and/or its equipment be damaged while such vehicles (and/or equipment) are in transit through any other fault of the Client and/or its servants or agents, whether as a result of loading or otherwise or whether as a result of the load itself, the Client shall be responsible and shall compensate Concargo for any such damage, whether direct, indirect or consequential.
DELAYS AND DAMAGES. 13.1 If the Consultant refuses or fails to prosecute the Work or any separable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to complete said Work within such time, the County may, by written notice to the Consultant, terminate his right to proceed with the Work or such part of the Work as to which there has been delay. In such event, the County may take over the Work and prosecute the same to completion, by contract or otherwise, and the Consultant and his sureties shall be liable to the County for any excess cost, loss of use of the project, or other damages associated with the delay, occasioned the County thereby. If the Consultant's right to proceed is terminated, the County may take possession of and utilize in completing the Work such materials, and plans, whether or not in final form. If the County does not terminate the right of the Consultant to proceed, the Consultant shall continue the Work, in which event the actual damages for the delay will be impossible to determine and in lieu thereof the Consultant shall pay to the County as fixed, agreed, and liquidated damages for each calendar day of delay until the Work is completed or accepted the amount as set forth in this section and the Consultant and his sureties shall be liable for the amount thereof provided. If the Consultant is delayed at any time in the progress of the Work by any act or neglect of the County or consultant hired by the County, or by an employee of either, or by any separate Consultant employed by the County, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Consultant's control, or by delay authorized by the County, or by any other cause which the County determines may justify the delay, then the time for completion shall be extended by change order for such reasonable time as the County may determine. Any claim for extension of time shall be made in writing by the Consultant to the County not more than ten days after the commencement of the delay; otherwise, it shall be waived. In the case of a continuing delay only one claim is necessary. The Consultant shall provide in its notice an explanation for the delay and the probable effect of the delay on the progress of the Work. Any extension of time to the Consultant pursuant to this paragraph of th...
DELAYS AND DAMAGES. 41 Section 14.1
DELAYS AND DAMAGES. 1. In the event of a vehicle being delayed or damaged due to the Customer’s failure to comply with the provisions of clauses 20 and 21, the Customer shall be liable for additional charges at Skankane’s usual rates, alternatively reasonable rates, and/or such damages.
DELAYS AND DAMAGES. The Collector agrees to make no claim for extra or additional costs attributable to any delays, inefficiencies, or interference in the performance of this contract occasioned by any act or omission to act by the City except as provided in the Agreement. The Collector also agrees that any such delay, inefficiency, or interference shall be compensated for solely by an extension of time to complete the performance of the services in accordance with the provision in the standard specification.
DELAYS AND DAMAGES. If the CONTRACTOR refuses or fails to prosecute the work, or any separate part thereof, with such diligence as will insure its substantial completion, ready for use by the OWNER by the completion date stated in the Advertisement or within the number of consecutive calendar days stated in the Advertisement, or any extension thereof, or fails to complete said work within such time, the OWNER may, by written notice to the CONTRACTOR, terminate the CONTRACTOR's right to proceed with the work or such part of the work as to which there has been delay. In such event, the OWNER may take over the work and prosecute the same to completion by contract or otherwise, and the CONTRACTOR and his sureties shall be liable to the OWNER for any excess cost occasioned thereby. If the CONTRACTOR's right to proceed is so terminated, the OWNER will take possession of and utilize in completing work such materials, appliances, and plant as may be on the site of the work and necessary therefore. If the OWNER does not terminate the right of the CONTRACTOR to proceed, the CONTRACTOR shall continue to work, in which event the actual damages for the delay will be impossible to determine and in lieu thereof the CONTRACTOR shall pay the OWNER the sum(s) as defined in Article 4.05 of the Additions to General Conditions, as fixed, agreed, and liquidated damages for each calendar day of delay until the work is substantially completed, ready for operation and the CONTRACTOR and his sureties shall be liable for the amount thereof. However, the right of the CONTRACTOR to proceed shall not be terminated or the CONTRACTOR charged with liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond control and without the fault or negligence of the CONTRACTOR, including, but not restricted to acts of God, or of the public enemy, acts of the OWNER, fires, floods, epidemics, quarantine restrictions, delays of subcontractors due to such causes, if the CONTRACTOR shall, within ten (10) days from the beginning of any such delay (unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract) notify the OWNER in writing of the cause of delay and extend the time for completing the work when, in OWNER’s judgement, the finding of fact justify such an extension and OWNER’s findings of fact thereon shall be final and conclusive on the parties thereto. In no event shall bankruptcy or labor disputes, or the like, either of ...
DELAYS AND DAMAGES. 26.1 In the event of a vehicle being delayed, or damaged, due to the Client’s failure to comply with the provisions of clauses 24 and 25; the Client shall be liable for additional charges at GSF’s usual rates, alternatively reasonable rates for any additional work, and/or any such damages as the case may be.
