Common use of No Additional Compensation for Delays within Developer’s Control Clause in Contracts

No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings. 16.3.1.1 Developer shall only be entitled to compensation for delay when all of the following conditions are met: 16.3.1.1.1 The District is responsible for the delay. 16.3.1.1.2 The delay is unreasonable under the circumstances involved. 16.3.1.1.3 The delay could not have been avoided or mitigated by reasonable diligence; and 16.3.1.1.4 Developer timely complies with the claims procedure of the Contract Documents.

Appears in 4 contracts

Samples: Facilities Lease, General Construction Agreement, General Construction Agreement

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No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings. 16.3.1.1 16.3.2 Developer shall only be entitled to compensation for delay when all of the following conditions are met: 16.3.1.1.1 16.3.2.1 The District is responsible for the delay.; 16.3.1.1.2 16.3.2.2 The delay is unreasonable under the circumstances involved. 16.3.1.1.3 The delay could not have been avoided or mitigated by reasonable diligence; and 16.3.1.1.4 Developer timely complies with the claims procedure of the Contract Documents.;

Appears in 4 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

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