Common use of Delays and Extension of Time Clause in Contracts

Delays and Extension of Time. The ARCHITECT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT or its sub-consultants and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECT’s request, the CITY shall consider the facts and extent of any failure to perform the work and, if the ARCHITECT’S failure to perform was without its or its sub-ARCHITECTs fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CITY’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT is delayed at any time in the process of the work by any act or neglect of the CITY or its employees, or by any other ARCHITECT employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECT’S control, or by delay authorized by the CITY pending negotiation or by any cause which the CITY shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY may decide. No extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Appears in 2 contracts

Samples: Professional Services, Professional Services

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Delays and Extension of Time. The ARCHITECT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT or its sub-consultants and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECT’s ARCHITECTS request, the CITY AGENCY shall consider the facts and extent of any failure to perform the work and, if the ARCHITECT’S ARCHITECTS failure to perform was without its or its sub-ARCHITECTs ARCHITECTS fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CITYAGENCY ’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT is delayed at any time in the process of the work by any act or neglect of the CITY AGENCY or its employees, or by any other ARCHITECT employed by the CITY, AGENCY or by changes ordered by the CITY AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECT’S ARCHITECTS control, or by delay authorized by the CITY AGENCY pending negotiation or by any cause which the CITY AGENCY shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY AGENCY may decide. No extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the CITY. AGENCY In the case of continuing cause of delay, only one (1) claim is necessary. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Appears in 1 contract

Samples: Professional Services

Delays and Extension of Time. The ARCHITECT CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT CONTRACTOR or its subSub-consultants Contractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECT’s CONTRACTOR’S request, the CITY AGENCY shall consider the facts and extent of any failure to perform the work and, if the ARCHITECTCONTRACTOR’S failure to perform was without its it or its subSub-ARCHITECTs Contractors’ fault or negligence, as determined by the AGENCY, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CITYAGENCY’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT CONTRACTOR is delayed at any time in the process of the work by any act or neglect of the CITY AGENCY or its employees, or by any other ARCHITECT CONTRACTOR employed by the CITYAGENCY, or by changes ordered by the CITY AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECTCONTRACTOR’S control, or by delay authorized by the CITY Engineer pending negotiation or by any cause which the CITY Engineer shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY AGENCY may decide. No extension shall be made for a delay occurring more than seven (7) days before a claim therefore is made in writing to the CITYEngineer. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which the drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Appears in 1 contract

Samples: Professional Services

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Delays and Extension of Time. The ARCHITECT CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT CONSULTANT or its sub-consultants and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECTCONSULTANT’s request, the CITY DISTRICT shall consider the facts and extent of any failure to perform the work and, if the ARCHITECT’S CONSULTANT’s failure to perform was without its or its sub-ARCHITECTs consultants fault or negligence, the Contract Schedule and/or any other affected provision of this Contract contract shall be revised accordingly; subject to the CITY’S DISTRICT’s rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT CONSULTANT is delayed at any time in the process of the work by any act or neglect of the CITY DISTRICT or its employees, or by any other ARCHITECT CONSULTANT employed by the CITYDISTRICT, or by changes ordered by the CITY DISTRICT or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECT’S CONSULTANT’s control, or by delay authorized by the CITY DISTRICT pending negotiation or by any cause which the CITY DISTRICT shall decide justifies the delay, delay then the time of completion shall be extended for any reasonable time the CITY DISTRICT may decide. No extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the CITYDISTRICT. In the case of continuing cause of delay, only one (1) claim is necessary. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Appears in 1 contract

Samples: Professional Financial Consulting Services Agreement

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