Delays by Utility Owners Sample Clauses

Delays by Utility Owners. 6.8.5.1 Developer shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by Developer and such Utility Owner.
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Delays by Utility Owners. 6.8.5.1 DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
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Delays by Utility Owners. 6.5.5.1. Except as otherwise described in this Section 6.5.5, DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner. 6.5.5.2. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following TxDOT’s receipt of the evidence described in Section 6.5.4. The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party. If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.5.5 shall apply. 6.5.5.3. No Change Order for delay to a Critical Path shall be allowable pursuant to Section 6.5.5.2 unless all of the following criteria are met: (a) the general requirements and conditions for Change Orders set forth in Section 13 have been met; (b) DB Contractor has provided evidence reasonably satisfactory to TxDOT that: (i) DB Contractor took advantage of Float time available early in the Project Schedule for coordination activities with respect to the affected Utility, and (ii) DB Contractor has made diligent efforts to obtain the Utility Owner’s cooperation but has been unable to obtain such cooperation, (c) if applicable, DB Contractor has provided a reasonable Utility Adjustment plan to the Utility Owner, (d) DB Contractor or the Utility Owner has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, opinions and/or rulings required by or with any Person in order to design and construct such Utility Adjustment, and
Sample 1
Delays by Utility Owners. 6.5.5.1. Except as otherwise described in this Section 6.5.5, DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner. 6.5.5.2. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the pendency of TxDOT’s review of the evidence described in Section 6.5.4 until any Change Order is issued as described in Section 6.5.5.
Sample 1
Delays by Utility Owners. Design/Builder shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Project. Design/Builder shall notify the Alamo RMA immediately if (a) Design/Builder reasonably believes that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (b) Design/Builder becomes aware that a Utility Owner is not cooperating in a timely manner to provide the needed work or approvals, or (c) any other dispute arises between Design/Builder and any Utility Owner with respect to the Project, despite Design/Builder's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that the Alamo RMA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Design/Builder shall provide the Alamo RMA with such information regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule as is requested by the Alamo RMA. The Alamo RMA’s obligation to assist hereunder is subject to Design/Builder’s provision of evidence reasonably satisfactory to the Alamo RMA that the Adjustment is necessary, the time for completion of the Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such Development Work, and that Design/Builder has made best efforts to obtain the Utility Owner’s cooperation but has not been able to obtain such cooperation. Following the receipt of such evidence by the Alamo RMA, the Alamo RMA shall take reasonable steps to obtain the cooperation of the Utility Owner or resolve the dispute; however, the Alamo RMA shall have no obligation to prosecute eminent domain or other legal proceedings, unless the Alamo RMA elects to do so in its sole discretion. After delivery of any notice or request for assistance pursuant to this Section 6.8.5.1, Design/Builder shall continue to use best efforts to pursue the Utility Owner’s cooperation. Any assistance provided by the Alamo RMA shall not relieve Design/Builder of its sole and primary responsibility for the satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth in this Section 6.8.5.
Sample 1

Related to Delays by Utility Owners

  • New utilities (i) The Contractor shall allow, subject to the permission from the Authority and such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electricity lines/ cables or other public utilities. Where such access or use causes any financial loss to the Contractor, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct and maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith at the cost of the Authority. (ii) The Authority may, by notice, require the Contractor to connect any adjoining road to the Project Highway, and the connecting portion thereof falling within the Site shall be constructed by the Contractor at the Authority’s cost in accordance with Article 10. (iii) The Authority may by notice require the Contractor to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, whereupon the connecting portion thereof that falls within the Site shall be constructed by the Contractor on payment of the cost. The cost to be paid by the Authority to the Contractor shall be determined by the Authority’s Engineer. For the avoidance of doubt, in the event such road is to be constructed for the benefit of any entity, the Authority may require such entity to make an advance deposit with the Contractor or the Authority, as the case may be, of an amount equal to the estimated cost as determined by the Authority’s Engineer and such advance shall be adjusted against the cost of construction as determined by the Authority’s Engineer hereunder. (iv) In the event construction of any Works is affected by a new utility or works undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to a reasonable Time Extension as determined by the Authority’s Engineer.

  • FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 19.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the affected Party shall give notice and full particulars in writing to the other Party, of such occurrence or cause if the affected Party is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The affected Party shall also notify the other Party of any other changes in condition or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in condition or occurrence, the affected Party shall also submit a statement to the other Party of estimated expenditures that will likely be incurred for the duration of the change in condition or the event of force majeure. On receipt of the notice or notices required hereunder, the Party not affected by the occurrence of a cause constituting force majeure shall take such action as it reasonably considers to be appropriate or necessary in the circumstances, including the granting to the affected Party of a reasonable extension of time in which to perform any obligations under the Contract. 19.2 If the Contractor is rendered unable, wholly or in part, by reason of force majeure to perform its obligations and meet its responsibilities under the Contract, UNDP shall have the right to suspend or terminate the Contract on the same terms and conditions as are provided for in Article 20, “Termination,” except that the period of notice shall be seven (7) days instead of thirty (30) days. In any case, UNDP shall be entitled to consider the Contractor permanently unable to perform its obligations under the Contract in case the Contractor is unable to perform its obligations, wholly or in part, by reason of force majeure for any period in excess of ninety (90) days. 19.3 Force majeure as used herein means any unforeseeable and irresistible act of nature, any act of war (whether declared or not), invasion, revolution, insurrection, terrorism, or any other acts of a similar nature or force, provided that such acts arise from causes beyond the control and without the fault or negligence of the Contractor. The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in areas in which UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas, or to any incidents of civil unrest occurring in such areas, shall not, in and of itself, constitute force majeure under the Contract.

  • COMMON UTILITIES Expenses for serving/supply of common facilities and utilities and all charges incidental thereto.

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