Common use of Request for Excusable Delay Credit Clause in Contracts

Request for Excusable Delay Credit. CONSULTANT shall, within five (5) calendar days of the beginning of any excusable delay (unless the DISTRICT grants in writing a further period of time to file such notice before the date of final payment under the Agreement), notify the DISTRICT in writing of the causes of delay. The DISTRICT will ascertain the facts and the extent of the delay, and grant an extension of time for completing the services when, in its sole judgment, the findings of fact justify such an extension. The DISTRICT'S findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the services affected by the delay and shall not apply to other portions of the services not so affected. CONSULTANT’s sole remedy for extensions of time shall be an extension of the performance time at no cost to the DISTRICT. Should CONSULTANT make an application for an extension of time, CONSULTANT shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Request for Excusable Delay Credit. CONSULTANT ARCHITECT shall, within five (5) calendar days of the beginning of any excusable delay (unless the DISTRICT grants in writing a further period of time to file such notice before the date of final payment under the Agreement), notify the DISTRICT in writing of the causes of delay. The DISTRICT will ascertain the facts and the extent of the delay, and grant an extension of time for completing the services when, in its sole judgment, the findings of fact justify such an extension. The DISTRICT'S findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the services affected by the delay and shall not apply to other portions of the services not so affected. CONSULTANT’s ARCHITECT’S sole remedy for extensions of time shall be an extension of the performance time at no cost to the DISTRICT. Should CONSULTANT ARCHITECT make an application for an extension of time, CONSULTANT ARCHITECT shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

Appears in 2 contracts

Samples: Agreement, www.capousd.org

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