No Damage for Delay. The Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act or omission to act of the City or any of its representatives, except as provided for in Article 11.
No Damage for Delay. To the fullest extent permitted by Applicable Laws, unless otherwise set forth in the Contract Documents, Contractor shall have no Claim against Owner Parties for any increase in the Contract Sum, damages, losses, or expenses, resulting from a Delay, unless Owner or its agents actively interfered and directly caused such Delay, in which case Contractor’s Claim shall be limited to reimbursement for Contractor’s actual and direct costs, expressly excluding impact costs such as extended home office, overhead, and loss of profit.
No Damage for Delay. No payment, compensation or adjustment of any kind, other than an approved extension of time, shall be made to the Engineer for damages because of hindrances or delays from any cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable. The Engineer agrees that it will make no claim for compensation or damages for any such delays and will accept as full satisfaction for such delays the extensions of time.
No Damage for Delay. No payment, compensation or adjustment of any kind, other than an approved extension of time, shall be made to the Architect for damages because of hindrances or delays from any cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable. The Architect agrees that it will make no claim for compensation or damages for any such delays and will accept as full satisfaction for such delays the extensions of time.
No Damage for Delay. The Owner shall have the right to defer the beginning or to suspend the whole or any part of the work herein contracted to be done whenever, in the opinion of the Owner, it may be necessary or expedient for the Owner to do so. And, if the Consultant is delayed in the completion of the work by act, neglect, or default of the Owner, or any other Consultant or Contractor employed by the Owner upon the work or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any case beyond the Consultant’s control, or by any cause which the Owner shall decide to justify the delay, then for all such delays and suspensions the Consultant shall be allowed one day additional to the time herein stated for each and every day of such delay so caused in the completion of the work, the same to be determined by the Owner, and a similar allowance of extra time would be made for such other delays as the Owner may find to have been caused by the Owner. No such extension shall be made prior to the beginning of such delay, and a written request for additional time shall be filed with the Owner.
No Damage for Delay. Contractor agrees to perform the Work and to require the subcontractors to perform the Work in a timely and proper method so as to meet the dates reflected on the progress schedule. In the event that the Contractor is delayed in the performance of the Work through no fault of the Contractor or its subcontractors, and for causes set forth in Section 3.03(a), and defined therein as Excusable Delay, then the Contractor may seek a time extension in accordance with the provisions of Section 3.03(b). Contractor agrees that such time extension is its sole and exclusive remedy for any damages regardless of the cause of such delays. Contractors also agrees that the Owner shall not be liable for any other monetary damages sustained by Contractor for acceleration, disruption, inefficiencies, suspension or resequencing of the Work or any other damages related to the progress schedule regardless of the cause of such damages. The Owner shall not be liable for consequential damages of any nature for any reason at any time.
No Damage for Delay. This ARTICLE provides the exclusive remedy for excusable delays under this contract. The Buyer agrees to make no monetary claim for delays in the performance of this contract and agrees that any claims for excusable delay shall only be fully compensated for by an extension of the performance schedule.
No Damage for Delay. Notwithstanding anything to the contrary in the Contract Documents, in the event that OWNER should choose to grant an extension in any time allowed for completion of any stage of construction as set forth in the Progress Schedule to be provided by CONTRACTOR pursuant to Article 7, or if OWNER should choose to make any changes to the Agreement Period in order to allow CONTRACTOR more time to complete the Authorized Work, said extension, if granted, shall be the sole and exclusive remedy of CONTRACTOR for any; (1) delay in the commencement, prosecution or completion of the Authorized Work; (2) hindrance or obstruction in the performance of the Authorized Work; (3) loss of productivity; or (4) other similar claims (collectively referred to in this Article as “Delays”) whether or not such Delays are foreseeable. In no event shall CONTRACTOR be entitled to any compensation or recovery of any damages, lost opportunity, costs impact damages, or other similar remuneration. OWNER’S exercise of any of its rights or remedies under this Agreement (including, without limitation, ordering changes in the Authorized Work, or directing suspension, rescheduling or correction of the Authorized Work or terminating this Agreement for its convenience), regardless of the extent of OWNER’S exercise of such rights or remedies, shall not be construed as active interference to CONTRACTOR’S performance of the Authorized Work.
No Damage for Delay. 10.1 The Contractor agrees that it will make no claim against the Town or any of its representatives for damages for delay, interference or disruption in the performance of this Agreement occasioned by any act or omission to act by the Town or any of its representatives, or occasioned by any act or omission of y other contractor which may have contracted with the Town and further agrees that any such claim shall be fully compensated for by an extension of time to complete the performance of the work as provided herein. Notwithstanding the foregoing, such conduct by the Town or any of its representatives may be relied upon by the Contractor as a defense to a claim of breach by the Contractor.
No Damage for Delay. In no event and under no circumstances shall Contractor be entitled to any payment, compensation or reimbursement for any additional or extended costs, expenses, general conditions or overhead (either Project site or home office), lost profits, impact charges or any other loss or damages whatsoever (hereinafter collectively referred to as “Delay Damages”) incurred or sustained by Contractor due to any extension or acceleration of the completion date or enlargement or compression of the Contract Time due to any person or for any reason or cause whatsoever, regardless of whether such delay, acceleration, compression or other conduct on the part of Contractor or SNC, or any other person may be deemed unreasonable or was not contemplated by the parties, and Contractor hereby waives any and all claims for Delay Damages including, without limitation, claims attributable to either breach of contract or tort.
