Vacation Scheduling a) Vacations may be requested at any time of the year, subject to the restrictions below. The supervisor, or designate, will grant requests subject to operational requirements and in accordance with such vacation quotas as the Employer may set from time to time. Employees shall be advised of vacation quotas one month prior to the employees being required to submit their requests. Such quotas will not be unreasonably restrictive.
b) Requests for vacation time from the Monday immediately following June 20th to the Sunday immediately following Labour Day (summer period) shall be made in writing to the Employer not later than March 1st in that year. The Employer will respond to such requests in writing by April 1st. An employee may be approved for a maximum of three (3) weeks of vacation during these peak times.
c) Requests for Christmas/New Year’s vacation time between the Monday immediately following December 15th and the Sunday immediately following January 1st shall be made in writing to the Manager or designate not later than August 1st in that year. The Employer will respond to such requests in writing by September 1st. An employee may be granted a maximum of one (1) calendar week (or part thereof) over this period.
d) March Break vacation requests shall be submitted to the immediate Manager or designate not later than November 1st of the preceding year. The Employer shall respond in writing by December 1st.
e) In the event that the number of employees in each department or team requesting vacation for or during any part of the above peak periods exceeds the number which the Employer has determined might be permitted vacation at that time, priority will be given based on seniority as per the posted seniority list.
f) Notwithstanding e) above, in granting vacation requests during peak periods, the Employer will grant requests for full weeks of vacation prior to granting requests for partial weeks of vacation, so that a request for less than one week’s vacation cannot prevent another employee from taking a full week of vacation. A full week of vacation shall be defined as Monday through Sunday.
g) Requests for vacation for other periods outside of peak times shall be submitted by the employee to their immediate supervisor not less than three (3) weeks prior to the first day of the vacation period. The immediate supervisor shall reply within one (1) week from the date of the request. These requests shall be considered on the basis of first come first served.
h) If a request is submitted outside of the time period outlined above or additional vacation time becomes available, it may be approved at the Employer's discretion provided no employee, who submitted in compliance with the above timelines, was denied the same time period.
Completion Schedule 6.1 The proposed schedule for the completion of the Project is presented in “Attachment D” and is made a part hereof.
6.2 ENGINEER shall adhere to all time limits stated in this Agreement or included in any accepted time schedule. All such time limits shall be of the essence to this Agreement.
6.3 In all events the various stages and phases of ENGINEER’S services are to be completed in such sequence and at such times, and with approved or agreed upon time limits, as may be required to assure the timely, continuous, efficient and diligent prosecution of the work and services provided for by this Agreement.
6.4 OWNER may at any time, by written order, make changes within the general scope of the Agreement in the services of work to be performed. If ENGINEER believes that such a change justifies an increase in ENGINEER’S contract time or contract price required to perform the series under this Agreement it must assert such claim in writing within thirty (30) days of receipt of OWNER’S written order giving rise to the claim. No claim for adjustment in the contract time or contract price will be valid if not submitted in accordance with this paragraph. No services for which ENGINEER will charge additional compensation shall be furnished without the written authorization of OWNER.
6.5 ENGINEER shall carry on all work required under this Agreement and maintain the schedule for services during all disputes or disagreements with OWNER. No work shall be delayed or postponed pending resolution of any disputes or disagreements except as permitted in Article 8, or as ENGINEER and OWNER may otherwise agree in writing.
6.6 If the commencement, prosecution or completion of the services under this Agreement, or of the construction of the Project is delayed by any act, omission, delay, neglect or default of ENGINEER, or anyone employed by ENGINEER, or by any damage or acts caused by the negligent acts or omission by ENGINEER, then ENGINEER shall be liable to OWNER for any and all costs, assessments, expense, liabilities or damages caused thereby, in accordance with Section 4.8.
6.7 ENGINEER shall not be responsible for any time delays in the Project, or in the performance of services under this Agreement, to the extent such delays are caused solely by any act, omission, neglect or default of OWNER or anyone employed by OWNER, or by the unreasonable delay of any review agency or utility, or for any delay or damage caused by fire or the combined action of workers and which are in no way chargeable, in whole or in part, to ENGINEER, or by any other conditions or circumstances beyond the control of ENGINEER, its employee, agent, or other persons for whose acts or omissions ENGINEER is responsible. In the event of such delay, ENGINEER shall be entitled to an adjustment in the schedules or agreed time limitations for the performance of services, and this Agreement shall be modified in writing accordingly. Any claim of ENGINEER for adjustment under this cause must be asserted in writing within thirty (30) days from the date of the occurrence of the event giving rise to the claim, unless OWNER grants a further period of time before the date of final payment to ENGINEER. The adjustment of time for the performance of services, as provided in this paragraph, shall be ENGINEER’s sole exclusive right, entitlement and remedy in the event of such delays, and ENGINEER shall have no claim against OWNER for adjustment for increase in costs of performance, or other damages occurred in connection therewith.
