Common use of Rate of Progress Clause in Contracts

Rate of Progress. ‌ (a) Buyer’s Representative shall notify Seller if Buyer’s Representative decides that the rate of progress of the Work is, in its opinion, too slow to meet the Time for Completion due to a circumstance for which Seller is or is not entitled to an extension of the Time for Completion under the provisions of this Agreement. (b) Following receipt of such a notice Seller shall at its own cost take such steps as may be necessary and as Buyer’s Representative may approve to remedy or mitigate the likely delay, including revision of the Project Schedule. Seller shall not be entitled to any additional payment or additional Cost or any increase in the Purchase Price for taking such steps.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Rate of Progress. ‌ (a) Buyer’s Representative shall notify Seller if Buyer’s Representative decides that the rate of progress of the Work is, in its opinion, too slow to meet the Time for Completion due to a circumstance for which Seller is or is not entitled to an extension of the Time for Completion under the provisions of this Agreement. (b) Following receipt of such a notice Seller shall at its own cost take such steps as may be necessary and as Buyer’s Representative may approve to remedy or mitigate the likely delay, including revision of the Project Schedule. Seller shall not be entitled to any additional payment or additional Cost or any increase in the Purchase Price for taking such steps.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

Rate of Progress. (a) Buyer’s Representative shall notify Seller if Buyer’s Representative decides that the rate of progress of the Work is, in its opinion, too slow to meet the Time for Completion due to a circumstance for which Seller is or is not entitled to an extension of the Time for Completion under the provisions of this Agreement. (b) Following receipt of such a notice Seller shall at its own cost take such steps as may be necessary and as Buyer’s Representative may approve to remedy or mitigate the likely delay, including revision of the Project Schedule. Seller shall not be entitled to any additional payment or additional Cost or any increase in the Purchase Price for taking such steps.

Appears in 1 contract

Samples: Asset Purchase Agreement

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Rate of Progress. (a) BuyerXxxxx’s Representative shall notify Seller if BuyerXxxxx’s Representative decides that the rate of progress of the Work is, in its opinion, too slow to meet the Time for Completion due to a circumstance for which Seller is or is not entitled to an extension of the Time for Completion under the provisions of this Agreement. (b) Following receipt of such a notice Seller shall at its own cost take such steps as may be necessary and as BuyerXxxxx’s Representative may approve to remedy or mitigate the likely delay, including revision of the Project Schedule. Seller shall not be entitled to any additional payment or additional Cost or any increase in the Purchase Price for taking such steps.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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