Delays in the Progress of the Work Sample Clauses

Delays in the Progress of the Work. If the ESCO is delayed at any time in progress of the Work by changes ordered in the Work by the Customer, by labor disputes, fire, abnormal adverse weather conditions that affect the Work not reasonably anticipatable, unavoidable casualties or any other causes which could not have been foreseen or avoided by the exercise of due diligence, and which are beyond the control and without the fault or negligence of the ESCO or its Subcontractors, then the Contract Time shall be extended by Change Order provided that: (i) the ESCO has notified the Customer in writing of such delay within thirty (30) days following the date when the ESCO becomes aware, or should have become aware through the exercise of reasonable diligence, of such delay; (ii) the ESCO has taken all reasonable steps to avoid any such delay (including its continuance); and (iii) such delay is not a theoretical delay but does actually adversely affect the critical path of the Work. Otherwise, the ESCO shall not be entitled to an extension of the Contract Time for any delays in the progress of the Work. The ESCO hereby acknowledges that the Work of this Contract will be performed in an occupied office building and that such occupancy has been factored into the establishment of the Substantial Completion Date. Accordingly, no proposed Change Order from the ESCO arising out of the normal operations and occupancy of the Site shall be considered by the Customer.
Sample 1
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Delays in the Progress of the Work. If the ESCO is delayed at any time in progress of the Work by changes ordered in the Work by the Customer, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions that affect the Work not reasonably anticipatable, unavoidable casualties or any other causes which are beyond the control of the ESCO, then the Contract Time shall be extended by Change Order provided that: (i) the ESCO has notified the Customer in writing of such delay within ten (10) days following the date when the ESCO becomes aware, or should have become aware through the exercise of reasonable diligence, of such delay; (ii) the ESCO has taken all reasonable steps to avoid any such delay (including its continuance); and (iii) such delay is not a theoretical delay but does actually adversely affect the critical path of the Work. Otherwise, the ESCO shall not be entitled to an extension of the Contract Time for any delays in the progress of the Work.
Sample 1
Delays in the Progress of the Work. If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work by the Owner, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions that affect the Work not reasonably anticipatable, unavoidable casualties or any other causes which are beyond the control of the Contractor, then the Contract Time shall be extended by Change Order provided that: (i) the Contractor has notified the Owner in writing of such delay within ten (10) days following the date when the Contractor becomes aware, or should have become aware through the exercise of reasonable diligence, of such delay; (ii) the Contractor has taken all reasonable steps to avoid any such delay (including its continuance); and (iii) such delay is not a theoretical delay but does actually adversely affect the critical path of the Work. Otherwise, the Contractor shall not be entitled to an extension of the Contract Time for any delays in the progress of the Work.
Sample 1

Related to Delays in the Progress of the Work

  • PROGRESS OF THE WORK Notwithstanding any other provision of the Contract Documents, if Contractor fails or refuses, for any reason and at any time, to furnish adequate materials, labor, equipment, tools and/or services to maintain the progress of the Work, District may, in its sole discretion, after seventy-two (72) hours’ advance written notice of same from District to Contractor, direct, instruct, and authorize a separate contractor selected by District to furnish such materials, labor, equipment, tools and/or services necessary to maintain progress of the Work. District may in its discretion deduct the amount of any and all costs, expenses, and/or other charges incurred thereby from the Contract Price then or thereafter due Contractor.

  • Delays If no event of Force Majeure shall have occurred and be continuing and in the event that a delay shall have been caused by the negligence or willful misconduct of the Custodian in carrying out an Instruction to credit or transfer cash, the Custodian shall be liable to the Fund: (a) with respect to Principal Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Custodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected; and, (b) with respect to Agency Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Subcustodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected. The Custodian shall not be liable for delays in carrying out Instructions to transfer cash which are not due to the Custodian's own negligence or willful misconduct.

  • Completion of the Work The Contractor must obtain Material Completion as defined in Section 6.1.2 below prior to any occupancy of the Project.

  • Violence in the Workplace (a) The parties agree that violence shall be defined as any incident in which an employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incidents will not be condoned. Any employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, employees as referred to herein shall mean all employees of the Employer notwithstanding Article 2.12.

  • Execution of the Project Section 3.01. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, banking, accounting and environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project.

  • Completion of the Project The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Completion on or before November 1, 2016.

  • Changes in the Work The Department may order changes in the work, the Contract Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be in the form of an amendment, signed by both parties and approved by the State Purchases Review Committee. Said amendment must be effective prior to execution of the work.

  • Duration of the Project includes the time from the beginning of the work on the Project until the Contractor's/person's work on the Project has been completed and accepted by the Owner.

  • Development of the Project 4.1 TSP's obligations in development of the Project: Subject to the terms and conditions of this Agreement, the TSP at its own cost and expense shall observe, comply with, perform, undertake and be responsible:

  • CONSTRUCTION OF THE BUS TERMINAL 12.1 Obligations prior to commencement of construction Prior to commencement of Construction Works, the Concessionaire shall:

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