Common use of No Damage for Delays Clause in Contracts

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMR’s performance of the Work and then only to the extent such acts continue after CMR notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMR’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies.

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR DB for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMRDB’s performance of the Work and then only to the extent such acts continue after CMR DB notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR DB shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMRDB’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies.