Common use of NO DAMAGES FOR DELAY BY CITY Clause in Contracts

NO DAMAGES FOR DELAY BY CITY. CONSULTANT shall not be entitled to an increase in the contract price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency or extended overhead, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONSULTANT for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of CITY. Otherwise, CONSULTANT shall be entitled only to extensions of the contract time as the sole and exclusive remedy for excusable events of delay.

Appears in 5 contracts

Samples: Master Continuing Consultant Agreement, Professional Consulting Agreement, Professional Consulting Agreement

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NO DAMAGES FOR DELAY BY CITY. CONSULTANT shall not be entitled to an increase in the contract price Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency or extended overhead, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONSULTANT for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of CITY. Otherwise, CONSULTANT shall be entitled only to extensions of the contract time Contract Time as the sole and exclusive remedy for excusable events of delay.

Appears in 1 contract

Samples: legistarweb-production.s3.amazonaws.com

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