Delays Caused by Adverse Weather Conditions Sample Clauses

Delays Caused by Adverse Weather Conditions. The Contractor shall only be entitled to weather-related delays in the Substantial Completion Date and the Interim Completion Dates that are approved by Owner as provided in this Section. If the Contractor encounters Adverse Weather Conditions (as defined below), Owner may approve a day-for-day delay to the Substantial Completion Date and to Interim Completion Dates to the extent such dates are directly, unavoidably and measurably impacted by the Adverse Weather Conditions. For purposes of this Section, “Adverse Weather Conditions” shall mean in excess of one (1) inch of rain per day as determined by an official National Weather Service measuring station in the area where the Project is located; snow; ice; sleet; high winds, or low temperatures, which based on nationally accepted standards prevent the completion of critical path items of the Work; or muddy site conditions that: (i) affect scheduled working hours on scheduled Work days; and (ii) directly, unavoidably and measurably affect a critical path activity of the Contractor; and (iii) cannot be mitigated through the reasonable efforts of the Contractor. The Contractor shall provide a weekly written report to Owner that identifies any Adverse Weather Conditions encountered during the preceding week, together with an explanation of any delays that the Contractor believes were a direct result of such Adverse Weather Conditions. Owner shall review the report and approve or disapprove the delays (which approval or disapproval shall not be unreasonably withheld or delayed). If the Contractor fails to provide Owner with such weekly reports, Owner may approve or disapprove a delay in its sole discretion. If Owner approves a delay in accordance with this Section then, to the extent affected directly, unavoidably and measurably, the Substantial Completion Date and Interim Completion Dates shall be extended for a period equal to the length of the approved delay.
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Related to Delays Caused by Adverse Weather Conditions

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Type of Service Answer all questions:

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Definitions For purposes of this Agreement:

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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