Common use of Effect on Time of Performance Clause in Contracts

Effect on Time of Performance. If Owner or Owner’s Representative determines that the delay was beyond the control and without the fault or negligence of Contractor and not foreseeable by Contractor at the Effective Date of the Contract, Owner or Owner’s Representative shall determine the duration of the delay and shall extend the time of performance of the Contract thereby to the extent necessary to adjust the schedule for the delay directly resulting from the event, but no such extension shall exceed the total delay encountered taking into account Contractor's ability to reschedule activities to minimize or eliminate delays in the Final Completion of the Work notwithstanding delays to certain portions of the Work, or be granted unless written notice of such event is given to Owner or Owner’s Representative as provided above, and a written claim for such extension is given to Owner or Owner’s Representative within ten (10) working days after the termination of such event.

Effect on Time of Performance. If Owner or Owner’s 's Representative determines that the delay was beyond the control and without the fault or negligence of Contractor and not foreseeable by Contractor at the Effective Date of the Contract, Owner or Owner’s 's Representative shall determine the duration of the delay and shall extend the time of performance of the Contract thereby to the extent necessary to adjust the schedule for the delay directly resulting from the event, but no such extension shall exceed the total delay encountered taking into account Contractor's ability to reschedule activities to minimize or eliminate delays in the Final Completion of the Work notwithstanding delays to certain portions of the Work, or be granted unless written notice of such event is given to Owner or Owner’s 's Representative as provided above, and a written claim for such extension is given to Owner or Owner’s 's Representative within ten (10) working days after the termination of such event.