Owner-Caused Delay. 8.2.1 Without limiting the definition of Owner-Caused Delays, notwithstanding anything in this Agreement to the contrary, in any case where this Agreement states that Owner “shall cause” the Other Owner Contractors to take or not to take a certain action, the Parties agree that if the Owner fails to meet that obligation, such failure shall exclusively constitute an Owner- Caused Delay and shall not constitute an Owner Event of Default, and Contractor’s sole and exclusive remedies as a result thereof will be as set forth in this Section 8.2 and Section 9.5.1(c).
Owner-Caused Delay. As Contractor’s sole remedy for the occurrence of an Owner-Caused Delay, and provided that Contractor has otherwise materially complied with the applicable provisions of Section 10.2 and Section 10.3, Contractor shall be entitled to an extension to the Construction Schedule (including to the Guaranteed Dates) to the extent of the Actual Delay in accordance with Section 9.3. If Contractor’s costs increase despite Contractor’s reasonable efforts to mitigate any such increases pursuant to Section 10.3, the Contract Price shall be increased by the Direct Costs incurred by Contractor as a direct result of such Owner-Caused Delay.
Owner-Caused Delay. In the event of (i) any interruption or delay in the Project Schedule directly caused by Owner’s failure to perform any of its other obligations under this Agreement or (ii) Contractor’s receipt of an order or instruction from Owner to suspend the Work (each, an “Owner-Caused Delay”), Contractor shall provide prompt written notice to Owner describing the particulars of such delay or failure including an estimation of the expected duration and the probable impact on the performance of Contractor’s obligations hereunder. An Owner-Caused Delay shall entitle Contractor to a Scope Change in accordance with Article 9, but only to the extent that such Owner-Caused Delay causes or contributes to a delay in Contractor’s performance of the Work.
Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, Contractor shall give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Contractor shall provide to Owner reasonable evidence of the occurrence and duration of such Owner-Caused Delay. So long as the conditions set forth in this Section 8.1.9 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Guaranteed Completion Date if and to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay, and (ii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, it shall be entitled to a Scope Change pursuant to Section 9.10 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of the Guaranteed Completion Dates), together with an increase in the Agreement Price equal to its demonstrated, justified and reasonable additional costs incurred by reason of such delay plus an aggregate amount of ten percent (10%) for overhead and profit, to the extent agreed upon by both Parties pursuant to a Scope Change Order in accordance with Article 9.
Owner-Caused Delay. A delay in Contractor’s performance of any milestones or activities which is caused by:
(a) failure by Owner or any Owner Controlled Subcontractor to timely perform any of Owner’s undertakings or obligations hereunder, including Owner’s obligation to provide the Owner Provided Work meeting the requirements of this Contract at the time set forth in the Key Date Schedule; or
(b) Owner’s failure to either (i) fulfill any of the conditions precedent under Section 8.1.3 for the Full Notice to Proceed Date or (ii) to issue a second limited notice to proceed in a form mutually agreed in accordance with the LNTP Agreement, in either case on or before April 30, 2008. Subject to Section 8.1.4, for purposes of a Change In Work resulting from any Owner Caused Delay described in this clause (b) the Substantial Completion Guaranteed Date and all other Contractor milestones in the Key Date Schedule shall be extended by the LNTP Delay Period, and, if the LNTP Delay Period is determined to be the period described under clause (c) or (d) of the definition thereof, the Contract Price shall be adjusted in accordance with rises in the PPI Index “Finished Goods Less Food” from the index published for December, 2007 until the index published in respect of the month in which the Full Notice To Proceed Date occurs (it being understood that the Contract Price shall not be adjusted as a result of any such Owner Caused Delay if the corresponding LNTP Delay Period is determined to be the period described under clause (a) or (b) of the definition thereof).
Owner-Caused Delay. A delay in Contractor’s performance of the Work which is actually and demonstrably caused by Owner’s failure to perform any covenant of Owner hereunder or interference or delay by Owner or its contractors; provided, however, Owner Caused Delay shall exclude: (a) any delay caused by Force Majeure;
Owner-Caused Delay. Owner-Caused Delay" shall mean (i) a ------------------ suspension of the Work pursuant to Section 14.4 hereof, (ii) a change, materially adversely affecting Contractor, of any Project Document or Financing Document, or (iii) except to the extent resulting from Contractor's or any Subcontractor's fault, negligence or failure to perform under this Contract in accordance with its terms, any interruption or delay of, or other adverse effect on, the Work hereunder, during which Contractor is and continues to be willing and able to perform, due to an act or omission by any of the Owner Group (other than any such act or omission in accordance with Contractor's or a Subcontractor's instruction), a failure of any of the Owner Group to perform its obligations under this Contract in a timely fashion or an error, omission, change or defect in its performance of such obligations, provided that -------- Contractor has given Owner and the Independent Engineer notice of the act or omission giving rise to such claim of Owner-Caused Delay within ten (10) days of first learning of such act or omission. As used in this Section 11.7, the "Owner Group" means any of Owner, Independent Engineer and any Financing Party, or any of their agents, employees, contractors or subcontractors (other than Contractor and its Subcontractors). If, in the opinion of Contractor, Contractor is entitled to a claim hereunder, such claim shall be submitted by Contractor to Owner in accordance with Section 11.1 hereof and shall be resolved in accordance with and pursuant to the procedures set forth in Sections 11.1 through 11.5 hereof. Contractor and Owner waive their respective rights, if any, to rely on Sections 2-614 or 2-615 of the New York Uniform Commercial Code as an excuse for non-performance.
Owner-Caused Delay. Subject to Subparagraph 5.3.2, if the commencement and/or progress of the Subcontract Work is delayed without the fault or responsibility of the Subcontractor, the time for the Subcontract Work shall be extended by Subcontract Change Order, to the extent obtained by the Contractor under the Subcontract Documents, and the Progress Schedule shall be revised accordingly.
Owner-Caused Delay. Any of the following events or circumstances, to the extent having an actual and adverse effect upon the Program Manager's ability, despite the exercise of Prudent Practices in its performance of the Services hereunder, to meet the Guaranteed RFS Date and/or the Target Cost, shall constitute Owner-Caused Delay (each such event or circumstance, an "Owner-Caused Delay") subject to the equitable relief provisions of Section 10 hereof:
(i) acts or omissions of Owner Persons or Owner Contractors (A) causing any casualty or damage to the System or any Owner-Procured Equipment, Services, Procured Services or Supplies, or (B) wrongfully interfering with the provision of the Services, Procured Services or Supplies; or
(ii) except to the extent that any relevant obligation of the Owner is governed by another express provision (including, without limitation, clause (iii) of this Section 2.3) of this Contract, the Owner's or any Owner Person's failure to furnish any item of Owner-Procured Equipment (including the Owner's or any Owner Person's failure to furnish items of Owner-Procured Equipment that are free from defects and deficiencies) or any information (including the Owner's failure to provide accurate and complete information) that it is required to provide hereunder, which failure, in each case (A) relates to an item that is necessary to the Program Manager in order to complete the Services by the Guaranteed RFS Date and for the Target Cost and (B) continues (without the Owner's furnishing thereof or accommodation therefor) for a period in excess of [REDACTED] after the Program Manager's notice to the Owner thereof; or
(iii) the Owner's unreasonable refusal to review or approve, or any unreasonable delay in its review, approval, signature or delivery of, any item of Services (including, without limitation, the Wayleave-related documentation specified in Sections 2.2 and 5 hereof) complying with this Contract, in each case, within the time periods specified in this Contract for such review or approval; or
(iv) the failure by the Owner to make available to the Program Manager and the Suppliers the Sites (including any such failure with respect to the POPs to be delivered to the Program Manager in accordance with Section 2.2(e)) on a timely basis, or any interruption (except for purposes of reasonable inspection as envisioned by this Contract) in the availability to the Program Manager or any Supplier of any such Site caused by any Owner Person (including by virtu...
Owner-Caused Delay. In the event Contractor desires to claim an Owner-Caused Delay, Contractor shall within five (5) Business Days after it becomes aware of the Owner-Caused Delay, give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Within ten (10) days after initial notification, Contractor shall (i) provide to Owner demonstrable proof of the occurrence and duration of such Owner-Caused Delay and, if requested by Owner, such proof shall be provided, and in any event verified, by an independent third party reasonably acceptable to Owner and Contractor at the sole cost and expense of the Owner (in the event that the independent third party verifies Contractor’s assertions) or the Contractor (in all other cases). So long as the conditions set forth in this Section 8.3 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Critical Milestone on or before the Critical Milestone Date therefor to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay; (ii) Contractor provides timely notice of the Owner-Caused Delay, and (iii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay; provided, however, any out-of-pocket costs incurred by the Contractor in connection with rendering such assistance shall be reimbursed by Owner. In the event Contractor desires to claim an Owner-Caused Delay, it must submit a request for Scope Changes pursuant to Section 9.6 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of any of the Critical Milestone Dates) together with demonstrated, justified and reasonable additional costs, including but not limited to, idle equipment costs, incurred by reason of such delay to the extent of the impact of the Owner-Caused Delay pursuant to a Scope Change Order in accordance with Article IX. Failure to comply with the terms of this Section 8.3 shall constitute a waiver of any claims for an Owner-Caused Delay. The Parties acknowledge that O...
