Common use of Recovery and Recovery Schedule Clause in Contracts

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) either (a) the Monthly Updated CPM Schedule or Monthly Progress Report show that any activity on a critical path of the CPM Schedule is delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (10) or more Days after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date, (b) Contractor fails to provide a Monthly Updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (10) or more Days after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date or (c) Contractor fails to achieve a Schedule Milestone within ten (10) Days after the applicable Schedule Milestone Date and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule during the immediate subsequent pay period or other period selected by Owner (“Recovery Schedule”) Contractor shall do the following after written notification by Owner of the requirement for a Recovery Schedule:

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (a) should (i) either (a) the Monthly Updated CPM Project Schedule show (or if Contractor has not provided the Monthly Progress Report show Updated Project Schedule and Owner reasonably determines) that any activity on a the critical path of the CPM Monthly Updated Project Schedule is delayed such that Mechanical Substantial Completion or Final Completion of a Train is forecasted to occur ten thirty (1030) or more Days after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Substantial Completion Date, or (bii) Contractor fails to provide achieve Substantial Completion of a Monthly Updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Mechanical Completion or Final Completion is forecasted to occur ten Train within thirty (1030) or more Days after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date or (c) Contractor fails to achieve a Schedule Milestone within ten (10) Days after the applicable Schedule Milestone Date Substantial Completion Date, and (iib) Contractor or any of its Subcontractors or Sub-subcontractors are are, in Owner’s reasonable judgment judgment, responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require that that, as soon as reasonably possible, Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Project Schedule during and the immediate subsequent pay Guaranteed Dates within a sixty (60) Day period or other unless recovery cannot be reasonably achieved in such time, in which case the duration of the recovery period selected by Owner shall be for that period of time reasonably necessary to regain compliance with the Project Schedule and the Guaranteed Dates (“Recovery Schedule”) ). Contractor shall do the following after written notification by Owner of the requirement for a Recovery Schedule:

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) either (a) the Monthly Updated CPM Schedule or Monthly Progress Report show shows that any activity on a critical path of the CPM Schedule is delayed such that Mechanical Completion or Final Substantial Completion is forecasted to occur ten (10) or more Days after the applicable Guaranteed Substantial Completion Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date, (bii) Contractor fails to provide a Monthly Updated current updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Mechanical Completion or Final Substantial Completion is forecasted to occur ten (10) or more Days after the applicable Guaranteed Substantial Completion Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date or (ciii) Contractor fails to achieve a Schedule Milestone within ten (10) Days after the applicable Schedule Milestone Date and (ii) Date, and, in each such circumstance, Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require order that Contractor prepare provide a recovery schedule to explain and display how it intends to regain compliance with the CPM Schedule during the immediate subsequent pay period or other period selected by Owner (“Recovery Schedule”) for Owner’s written approval as soon as reasonably possible, but no later than ten (10) Business Days after such order. If Owner disapproves the Recovery Schedule then Contractor shall, as soon as reasonably possible, but no later than ten (10) Business Days after such disapproval, provide a new Recovery Schedule for Owner’s written approval. The Recovery Schedule shall do (a) represent Contractor’s best judgment as to how it shall regain compliance with the following after written notification by Milestone Dates, within a time period acceptable to Owner and (b) include detailed information (in at least the same level of detail as the requirement for Milestone Dates) in a Recovery Schedule:form reasonably satisfactory to Owner to demonstrate the ability of Contractor to regain compliance with the Milestone Dates within a time period acceptable to Owner.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) either (a) the Monthly Updated CPM Schedule or Monthly Progress Report show shows that any activity on a critical path of the CPM Schedule is delayed such that Mechanical Completion or Final Substantial Completion is forecasted to occur ten twenty (1020) or more Days after the applicable Guaranteed Substantial Completion Date or a Schedule Milestone is forecasted to occur ten twenty (1020) or more Days after the applicable Milestone Schedule Date, (bii) Contractor fails to provide a Monthly Updated current updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Mechanical Completion or Final Substantial Completion is forecasted to occur ten twenty (1020) or more Days after the applicable Guaranteed Substantial Completion Date or a Schedule Milestone is forecasted to occur ten twenty (1020) or more Days after the applicable Milestone Schedule Date or (ciii) Contractor fails to achieve a Schedule Milestone within ten twenty (1020) Days after the applicable Schedule Milestone Date and (ii) Date, and, in each such circumstance, Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require order that Contractor prepare provide a recovery schedule to explain and display how it intends to regain compliance with the CPM Schedule during the immediate subsequent pay period or other period selected by Owner (“Recovery Schedule”) for Owner’s written approval as soon as reasonably possible, but no later than twenty (20) Business Days after such order. If Owner disapproves the Recovery Schedule then Contractor shall, as soon as reasonably possible, but no later than twenty (20) Business Days after such disapproval, provide a new Recovery Schedule for Owner’s written approval. The Recovery Schedule shall (a) represent Contractor’s best judgment as to how it shall regain compliance with the Milestone Dates, within a time period acceptable to Owner and (b) include detailed information (in at least the same level of detail as the Milestone Dates) in a form reasonably satisfactory to Owner to demonstrate the ability of Contractor to regain compliance with the Milestone Dates within a time period acceptable to Owner. Contractor shall do perform the following after written notification by Work in accordance with the Owner of the requirement for a approved Recovery Schedule:.