Common use of Delays and Extension of Time Clause in Contracts

Delays and Extension of Time. The 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 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 CONSULTANT’S request, the CRA shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT’S failure to perform was without it or its Sub VENDOS’ fault or negligence, as determined by the CRA, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CRA’S rights to change, terminate, or stop any or all of the work at any time. If the CONSULTANT is delayed at any time in the process of the work by any act or neglect of the CRA or its employees, or by any other CONSULTANT employed by the CRA, or by changes ordered by the CRA or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONSULTANT’S control, or by delay authorized by the CONSULTANT pending negotiation or by any cause which the CONSULTANT shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CRA 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 CONSULTANT. 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 Service Agreement

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Delays and Extension of Time. The CONSULTANT 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 CONSULTANT CONTRACTOR or its Sub CONSULTANTS Sub-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 CONSULTANTCONTRACTOR’S request, the CRA AGENCY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANTCONTRACTOR’S failure to perform was without it or its Sub VENDOSSub-Contractors’ fault or negligence, as determined by the CRAAGENCY, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CRAAGENCY’S rights to change, terminate, or stop any or all of the work at any time. If the CONSULTANT CONTRACTOR is delayed at any time in the process of the work by any act or neglect of the CRA AGENCY or its employees, or by any other CONSULTANT CONTRACTOR employed by the CRAAGENCY, or by changes ordered by the CRA AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONSULTANTCONTRACTOR’S control, or by delay authorized by the CONSULTANT Engineer pending negotiation or by any cause which the CONSULTANT Engineer shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CRA 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 CONSULTANTEngineer. 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 Service Agreement

Delays and Extension of Time. The CONSULTANT 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 CONSULTANT ARCHITECT or its Sub CONSULTANTS 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 CONSULTANT’S ARCHITECTS request, the CRA AGENCY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT’S ARCHITECTS failure to perform was without it its or its Sub VENDOS’ sub-ARCHITECTS fault or negligence, as determined by the CRA, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CRAAGENCY ’S rights to change, terminate, or stop any or all of the work at any time. If the CONSULTANT ARCHITECT is delayed at any time in the process of the work by any act or neglect of the CRA AGENCY or its employees, or by any other CONSULTANT ARCHITECT employed by the CRA, AGENCY or by changes ordered by the CRA AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONSULTANT’S ARCHITECTS control, or by delay authorized by the CONSULTANT AGENCY pending negotiation or by any cause which the CONSULTANT AGENCY shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CRA 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 CONSULTANT. AGENCY 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: Continuing Services Contract

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Delays and Extension of Time. The CONSULTANT 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 CONSULTANT ARCHITECT or its Sub CONSULTANTS 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 CONSULTANT’S ARCHITECT’s request, the CRA CITY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANTARCHITECT’S failure to perform was without it its or its Sub VENDOS’ sub-ARCHITECTs fault or negligence, as determined by the CRA, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CRACITY’S rights to change, terminate, or stop any or all of the work at any time. If the CONSULTANT ARCHITECT is delayed at any time in the process of the work by any act or neglect of the CRA CITY or its employees, or by any other CONSULTANT ARCHITECT employed by the CRACITY, or by changes ordered by the CRA CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONSULTANTARCHITECT’S control, or by delay authorized by the CONSULTANT CITY pending negotiation or by any cause which the CONSULTANT CITY shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CRA CITY 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 CONSULTANTCITY. 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: Continuing Services Contract

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