Common use of Delays to Notice to Proceed Clause in Contracts

Delays to Notice to Proceed. .1 If the NTP is not issued by Department on or before the date that is twenty-four (24) months following the date on which Department issues LNTP1 (such date, the “NTP Delay Date”) solely because the Joint Permit Application for the Project has not yet been approved by the relevant Governmental Unit(s) due to events or circumstances that the Design-Builder demonstrates to Department’s satisfaction (acting reasonably) are entirely outside the control of Design-Builder, then the Contract Price will be adjusted to reflect an amount equal to the Contract Price (excluding amounts having been paid or to be paid for Early Work) multiplied by a percentage equal to the Construction Cost Index for the month during which the NTP Delay Date occurs divided by the Construction Cost Index for the month during which NTP is issued. In addition, the Substantial Completion Deadline and the Final Completion Deadline shall each be extended by the number of days between the NTP Delay Date and the date of issuance of the NTP if the conditions described in this Section 5.1.3.1 occur.

Delays to Notice to Proceed. .1 If the NTP is not issued by Department on or before the date that is twenty-four seven hundred twenty (24720) months days following the date on which Department issues LNTP1 (such date, the “NTP Delay Date”) solely because the Joint Permit Application for the Project has not yet been approved by the relevant Governmental Unit(s) due to events or circumstances that the Design-Design- Builder demonstrates to Department’s satisfaction (acting reasonably) are entirely outside the control of Design-Builder, then the Contract Price will be adjusted to reflect an amount equal to the Contract Price (excluding amounts having been paid or to be paid for Early Work) multiplied by a percentage equal to the Construction Cost Index for the month during which the NTP Delay Date occurs is issued divided by the Construction Cost Index for the month during which the NTP is issuedDelay Date occurs. In addition, the Substantial Completion Deadline and the Final Completion Deadline shall each be extended by the number of days between the NTP Delay Date and the date of issuance of the NTP if the conditions described in this Section 5.1.3.1 occur.