RECOVERY AND ACCELERATION OF WORK Sample Clauses

RECOVERY AND ACCELERATION OF WORK. 16.3.1 In addition to Contractor’s own recovery plans, if Owner reasonably believes that Contractor will not achieve an Applicable Deadline, then Owner may provide a Notice to Contractor requiring Contractor to propose an additional recovery plan and implement it. Contractor shall be required to present a detailed recovery plan for Owner’s review and concurrence within five (5) Business Days of its receipt of the Notice described in the immediately preceding sentence, which such recovery plan shall include at a minimum the methods of expediting the Work, the additional equipment and tools to be provided and the increased manpower, technology, work shifts and supervision anticipated. Owner may suggest additional resources be added to the recovery plan but such suggestions shall in no way be deemed to limit or otherwise reduce the Contractor’s obligations and liabilities hereunder or Owner’s rights hereunder. If Owner directs Contractor to implement a recovery plan, then Contractor shall implement the recovery plan as provided in this Section 16.3.1. Contractor shall not be entitled to an increase in the Target Price in connection with any recovery plan, unless and to the extent that the recovery plan was necessitated by an event for which (a) the Contractor obtains relief through a Change Order and (b) is entitled to an adjustment to the Target Price, as applicable. 16.3.2 Notwithstanding anything contained herein to the contrary, Owner shall have the right to direct that the Work be accelerated by means of reasonable overtime, additional crews or additional shifts, notwithstanding that the progress of the Work was in accordance with the established Project Schedule. Contractor shall promptly provide to Owner for its approval a plan for such acceleration, including its recommendations for the most effective and economical acceleration, together with such information as Owner shall reasonably require to substantiate the basis of the incremental cost. Prior to the Contractor’s commencement of the accelerated Work, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order. In addition to Owner’s acceleration rights, Contractor is entitled to request an acceleration plan to be approved by Owner. Should Owner approve such plan, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in...
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RECOVERY AND ACCELERATION OF WORK. 16.3.1 In addition to Contractor’s own recovery plans, if Owner reasonably believes that Contractor will not achieve an Applicable Deadline, then Owner may provide a Notice to Contractor requiring Contractor to propose an additional recovery plan and implement it. Contractor shall be required to present a detailed recovery plan for Owner’s review and concurrence within five (5) Business Days of its receipt of the Notice described in the immediately preceding sentence, which such recovery plan shall include at a minimum the methods of expediting the Work, the additional equipment and tools to be provided and the increased manpower, technology, work shifts and supervision anticipated. Owner may suggest additional resources be added to the recovery plan but such suggestions shall in no way be deemed to limit or otherwise reduce the Contractor’s obligations and liabilities hereunder or Owner’s rights hereunder. If Owner directs Contractor to implement a recovery plan, then Contractor shall implement the recovery plan as provided in this Section 16.3.1. Contractor shall not be entitled to an increase in the Target Price in connection with any recovery plan, unless and to the extent that the recovery plan was necessitated by an event for which (a) the Contractor obtains relief through a Change Order and (b) is entitled to an adjustment to the Target Price, as applicable.
Sample 1

Related to RECOVERY AND ACCELERATION OF WORK

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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