Common use of Limitations Upon Adjustment Clause in Contracts

Limitations Upon Adjustment. of Contract Time on Account of Delays. Any adjustment of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set forth herein. No adjustment of the Contract Time shall be made on account of any Excusable Delays or Compensable Delays unless those delay(s) actually and directly impact Work or Work activities on the critical path of the then current and updated approved Construction Schedule as of the date on which a delay first occurs. The District shall not be deemed in breach of, or otherwise in default of any obligation hereunder, if the District shall deny a request by the Contractor for an adjustment of the Contract Time for any delay that does not actually and directly impact Work on the then current and updated approved Construction Schedule. In submitting a request for an adjustment of Contract Time, and as a condition precedent to the District’s review of that request, Contractor shall insert into the then current and updated approved Construction Schedule a “fragnet” analysis and a detailed time impact analysis representing the event that Contractor claims to result in delay to the critical path as depicted in the updated approved Construction Schedule. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay that ends last. If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcused Delay.

Appears in 3 contracts

Samples: Site Lease, Site Lease, Site Lease

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Limitations Upon Adjustment. of Contract Time on Account of Delays. Any adjustment of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set forth herein. No adjustment of the Contract Time shall be made on account of any Excusable Delays or Compensable Delays unless those delay(s) actually and directly impact Work or Work activities on the critical path of the then current and updated approved Construction Schedule as of the date on which a delay first occurs. The District shall not be deemed in breach of, or otherwise in default of any obligation hereunder, if the District shall deny a request by the Contractor for an adjustment of the Contract Time for any delay that does not actually and directly impact Work on the then current and updated approved Construction Schedule. In submitting a request for an adjustment of Contract Time, and as a condition precedent to the District’s review of that request, Contractor shall insert into the then current and updated approved Construction Schedule a “fragnet” analysis and a detailed time impact analysis representing the event that Contractor claims to result in delay to the critical path as depicted in the updated approved Construction Schedule. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay that ends last. If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcused Delay.

Appears in 3 contracts

Samples: Master Site Lease, Master Site Lease, Master Site Lease

Limitations Upon Adjustment. of Contract Time on Account of Delays. Any adjustment of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set forth herein. No adjustment of the Contract Time shall be made on account of any Excusable Delays or Compensable Delays unless those such delay(s) actually and directly impact Work or Work activities on the critical path of the then current and updated approved Approved Construction Schedule as of the date on which a such delay first occursoccurs and Contractor gives written notice to the District of such event or cause giving rise to the delay and provides substantiation and documentation in support of the request as required by this Article and Article 9.6. The District shall not be deemed in breach of, or otherwise in default of any obligation hereunder, if the District shall deny a request by the Contractor for an adjustment of the Contract Time for any delay that which does not actually and directly impact Work on the then current and updated approved Approved Construction Schedule. In submitting a request for an adjustment of Contract Time, and as a condition precedent to the District’s review of that such request, Contractor shall insert into the then current and updated approved Approved Construction Schedule a “fragnet” analysis and a detailed time impact analysis representing the event that which Contractor claims to result in delay to the critical path as depicted in the such updated approved Approved Construction Schedule. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay that which ends last. If an Unexcused Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcused Unexcusable Delay.

Appears in 1 contract

Samples: Agreement

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Limitations Upon Adjustment. of Contract Time on Account of Delays. Any adjustment of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set forth herein. No adjustment of the Contract Time shall be made on account of any Excusable Delays or Compensable Delays unless those such delay(s) actually and directly impact Work or Work activities on the critical path of the then current and updated approved Approved Construction Schedule as of the date on which a such delay first occursoccurs and Contractor gives written notice to the Owner of such event or cause giving rise to the delay and provides substantiation and documentation in support of the request as required by this Article and Article 9.6. The District Owner shall not be deemed in breach of, or otherwise in default of any obligation hereunder, if the District Owner shall deny a request by the Contractor Design-Builder for an adjustment of the Contract Time for any delay that which does not actually and directly impact Work on the then current and updated approved Approved Construction Schedule. In submitting a request for an adjustment of Contract Time, and as a condition precedent to the DistrictOwner’s review of that such request, Contractor Design-Builder shall insert into the then current and updated approved Approved Construction Schedule a “fragnet” analysis and a detailed time impact analysis representing the event that Contractor which Design-Builder claims to result in delay to the critical path as depicted in the such updated approved Approved Construction Schedule. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay that which ends last. If an Unexcused Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcused Unexcusable Delay.

Appears in 1 contract

Samples: bchd.blob.core.windows.net

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