Inexcusable Delays. 8.1 Subclause 11.1 of the Agreement is hereby amended as follows: ***
8.2 Subclause 11.4 of the Agreement is hereby amended as follows: ***
Inexcusable Delays. Inexcusable Delays refer to any delay to the progress of the Work caused by events or factors other than those specifically identified in Articles 6.6.1 and 6.6.2 above. Neither the Guaranteed Maximum Price nor the Contract Time shall be adjusted on account of Inexcusable Delays.
Inexcusable Delays. All Inexcusable Delays are non-compensable. Any delay that is not Excusable as provided in 3.4.3.1 above is an Inexcusable Delay. Costs incurred by Contractor and Metro as a result of said Inexcusable Delays are non-compensable and must be paid by Contractor. Additionally, delays resulting from the following acts, events, and conditions are In-Excusable Delays:
Inexcusable Delays. All Inexcusable Delays are non-compensable. Any delay that is not Excusable as provided in 3.4.3.1 above is an Inexcusable Delay. Costs incurred by Contractor and Metro as a result of said Inexcusable Delays are non-compensable and must be paid by Contractor. Additionally, delays resulting from the following acts, events, and conditions are In-Excusable Delays:
3.4.3.5.1 Any delay that could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of Contractor.
3.4.3.5.2 Any delay in the prosecution of parts of the Work that may in itself be unavoidable but that does not necessarily prevent or delay the prosecution of other parts of the Work nor the Substantial Completion of the Work of this Contract within the time specified.
3.4.3.5.3 Any reasonable delay resulting from the time required by Metro for review of submittals or shop drawings submitted by Contractor and for the making of surveys, measurements, and inspections.
3.4.3.5.4 Any delay arising from an interruption in the prosecution of the Work on account of the reasonable interference from Other Metro Contractors that does not necessarily prevent the Substantial Completion of the Work of this Contract within the time specified.
3.4.3.5.5 Any delay resulting in any manner from labor disputes, strikes, or difficulties or any delay resulting in any manner from any labor-related event, act, or condition whether or not Contractor has any control over such event, act, or condition.
3.4.3.5.6 Any delays in delivery of equipment or material purchased by Contractor or its Subcontractors or Suppliers (including Metro-selected equipment. Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials.
Inexcusable Delays. An Inexcusable Delay is any delay to Final System Acceptance other than an Excusable Delay. A delay to Xxxxxxxx’s project that is caused by an Inexcusable Delay on another Jurisdiction’s project is an Inexcusable Delay. For Inexcusable Delays the Supplier will not be entitled to any extension of the Contract Time and will not be entitled to any additional compensation relating to the Inexcusable Delay.
Inexcusable Delays. Delays resulting from the following acts, events, and conditions shall not result in Excusable Delays:
3.4.3.5.1 Any delay that could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of Contractor.
Inexcusable Delays. Inexcusable Delay" shall mean any delays not included within the definition of Excusable Delay as set forth above including, without limitation, any delay which extends the completion of the Work or portion of the Work beyond the time specified in the Project Schedule including, without limitation, the Substantial Completion Date and any Milestone and which is caused by the act, fault, inaction or omission of the Design/Builder or any Consultant, Design Subconsultant, Subcontractor, Supplier or other party for whom the Design/Builder is responsible; any delay that could have been limited or avoided by Design/Builder’s timely notice to the Village of such delay; or any delay in obtaining licenses, permits or inspections that are the responsibility of the Design/Builder or its Consultant, Design Subconsultant, Subcontractors, Suppliers or any other party for whom the Design/Builder is responsible. An Inexcusable Delay shall not be cause for granting an extension of time to complete any Work or any compensation whatsoever, and shall subject the Design/Builder to damages in accordance with the Contract Documents. In no event shall the Design/Builder be excused for interim delays which do not extend the Project Schedule, including the Substantial Completion Date, or any Milestones.
Inexcusable Delays. Note that offerors are required to quote realistic delivery timelines with as much accuracy as possible. If unable to meet the quoted delivery timeline if selected, supplier(s) will be subject to a (the amount will depend on the urgency of the delivery) 1-3% deduction per business day, Sunday through Thursday, up to 5-15% of the total invoice value unless the delay is deemed excusable by Chemonics. The Supplier shall also be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Supplier and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Supplier shall notify Chemonics in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Chemonics of the cessation of such occurrence.
