Common use of Delays in Performance Clause in Contracts

Delays in Performance. a. Any delays in Engineer’s work caused by the following shall be added to the time for completion of any obligations of Engineer: (1) the actions of District or its employees; (2) the actions of those in direct contractual relationship with District; (3) the actions of any governmental agency having jurisdiction over the services or the Project; (4) the actions of any parties not within the reasonable control of the Engineer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Engineer. Neither the District nor the Engineer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. b. The Engineer shall, within thirty (30) calendar days of the beginning of any excusable delay (unless District grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement), notify the District in writing of the causes of delay. District will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the services when, in its sole judgment, the findings of fact justify such an extension. The District’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the services affected by the delay and shall not apply to other portions of the services not so affected. The sole remedy of Engineer for extensions of time shall be an extension of the performance time at no cost to the District. If Additional services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional services provision of this Agreement. Should Engineer make an application for an extension of time, Engineer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.