Delays Caused by Contractor Sample Clauses

Delays Caused by Contractor. If Substantial Completion of a Unit has not occurred on or prior to the Guaranteed Completion Date, then Contractor shall pay to Owner liquidated damages for each full twenty-four (24) hour period that Substantial Completion of such Unit is not attained beginning at 12:01 A.M. on the second Day after the Guaranteed Completion Date (a) in an amount equal to Forty-Three Thousand Three Hundred and Thirty-three dollars ($43,333) per Unit per day in the months of May through September and (b) in an amount equal Thirty-Three Thousand Three Hundred and Thirty-three dollars ($33,333) per Unit per day during the months of October through April (collectively, "Delay Liquidated Damages"). Accrued Delay Liquidated Damages under this Section 12.2 shall be due and payable within five (5) Days of receipt of Owner's request, which may be made by Owner at any time and from time to time. Late payments of such amounts will bear interest at the Prime Rate. Owner will have the right to offset any unpaid or accrued liability of Contractor under this Section 12.2 against any amount due or to become due from Owner to Contractor under this Agreement. Any such payments by Contractor to Owner shall be treated both as a reduction in the Maximum Price and as refunds of portions of the Contract Price, and any such set-offs shall be treated as reductions in both the Maximum Price and the Contract Price. Except as provided in Section 16.1.2 or 16.1.3 hereof, payment of Delay Liquidated Damages shall be Owner's sole and exclusive remedy for Contractor's unexcused failure to achieve Substantial Completion of the Facility by the Guaranteed Completion Date.

Delays Caused by Contractor. Without limiting the generality of the foregoing, Contractor shall not be entitled to any adjustments pursuant to Section 6.2 or any compensation pursuant to Section 6.3 for any delays that are caused by Contractor, including without limitation, delays caused by any of the following: (a) failure of Contractor to maintain the Equipment in good working order pursuant to Section 11.4 or failure of any Equipment; (b) failure to work all available shifts unless due to labor disputes or actions of a general or political nature that are not specific to Contractor or to conditions at the Site; (c) failure to provide a full complement of competent, experienced personnel on a continuing basis; (d) improper, inefficient and/or ineffective work practices and procedures by Contractor that result in slow work or additional work; (e) Defective Work that must be re-performed; (f) late delivery of WMM or Equipment; (g) late delivery of WMM supplied by Owner, resulting from inaccurate information provided to Owner by Contractor; (h) failure to comply with Owner's written health, safety, environmental and operating procedures, and applicable Laws; (i) delays in performing the Work, resulting from accidents and other irregularities within the control of Contractor or its employees, agents or Subcontractors; and (j) delays caused by a material breach of this Agreement or the Construction Agreement or by negligent act or omission of Contractor.