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. 1.2.1 If the CONSULTANT submits a schedule or expresses an intention to complete the Services to be provided under this Agreement required by any required milestone or completion date, the CITY shall not be liable to the CONSULTANT for any costs incurred, lost profits, extended overhead, expenses, or other damages of any kind because of delay or hindrance, regardless of whether such delay or hindrance was caused by the CITY or its agents, should CONSULTANT be unable to complete the work before such milestone or completion date as is described within the schedule.

Appears in 2 contracts

Samples: Professional Services, Professional Services

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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. 1.2.1 If the CONSULTANT submits a schedule or expresses an intention to complete the Services to be provided under this Agreement TASK ORDER(S) issued hereunder required by any required milestone or completion date, the CITY shall not be liable to the CONSULTANT for any costs incurred, lost profits, extended overhead, expenses, or other damages of any kind because of delay or hindrance, regardless of whether such delay or hindrance was caused by the CITY or its agents, should CONSULTANT be unable to complete the work before such milestone or completion date as is described within the schedule. 1.2.2 On any particular TASK ORDER the CITY shall have the right to include a provision for liquidated damages as a result of any delay.

Appears in 1 contract

Samples: Continuing Services Agreement

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. 1.2.1 If the CONSULTANT submits a schedule or expresses an intention to complete the Services to be provided under this Agreement TASK ORDER(S) issued hereunder required by any required milestone or completion date, the CITY shall not be liable to the CONSULTANT for any costs incurred, lost profits, extended overhead, expenses, or other other 1.2.2 On any particular TASK ORDER the CITY shall have the right to include a provision for liquidated damages as a result of any kind because of delay or hindrance, regardless of whether such delay or hindrance was caused by the CITY or its agents, should CONSULTANT be unable to complete the work before such milestone or completion date as is described within the scheduledelay.

Appears in 1 contract

Samples: Aviation Master Continuing Consultant Agreement

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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. 1.2.1 If the CONSULTANT submits a schedule or expresses an intention to complete the Services to be provided under this Agreement TASK ORDER(S) issued hereunder required by any required milestone or completion date, the CITY shall not be liable to the CONSULTANT for any costs incurred, lost profits, extended overhead, expenses, or other damages of any kind because of delay or hindrance, regardless of whether such delay or hindrance was caused by the CITY or its agents, should CONSULTANT be unable to complete the work before such milestone or completion date as is described within the schedule.

Appears in 1 contract

Samples: Professional Services

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