Common use of Schedule Recovery Clause in Contracts

Schedule Recovery. 10.6.1 Subject to Section 10.6.2, if Developer's actual physical progress on any Critical Path item is delayed for a period which exceeds 30 days, Developer shall include with the next Schedule Update(s) a Recovery Schedule demonstrating the proposed plan to regain lost Project Schedule progress and to achieve the specified Milestones. Each Recovery Schedule shall be subject to TxDOT’s written approval. All costs incurred by Developer in preparing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to Developer’s compensation or price. Prior to exercising any remedy of termination under Section 21, TxDOT shall provide Developer with a reasonable opportunity to develop a Recovery Schedule to make-up the delay. Developer shall diligently carry out all Recovery Schedules approved by TxDOT. If a Recovery Schedule is required under this Section 10.6.1, Developer shall have the right to receive only 75% of the amount of each milestone payment, if any, until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Developer may invoice TxDOT for any amounts withheld pursuant to this Section 10.6.1 at any time after approval of a Recovery Schedule by TxDOT. 10.6.2 If a delay occurs for which Developer is entitled to a time extension, TxDOT may nevertheless require Developer to submit a Recovery Schedule and to implement it, provided that Developer shall be entitled to compensation for preparation and implementation of such Recovery Schedule. Developer shall submit such Recovery Schedule within ten days after receipt of written notice from TxDOT requesting a delay Recovery Schedule pursuant to this Section 10.6.

Schedule Recovery. 10.6.1 Subject to Section 10.6.2, if Developer's actual physical progress on any Critical Path item is delayed for a period which exceeds 30 days, Developer shall include with the next Schedule Update(s) a Recovery Schedule demonstrating the proposed plan to regain lost Project Schedule progress and to achieve the specified Milestones. Each Recovery Schedule shall be subject to TxDOT’s written approval. All costs incurred by Developer in preparing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to Developer’s compensation or price. Prior to exercising any remedy of termination under Section 21, TxDOT shall provide Developer with a reasonable opportunity to develop a Recovery Schedule to make-up the delay. Developer shall diligently carry out all Recovery Schedules approved by TxDOT. If a Recovery Schedule is required under this Section 10.6.1, Developer shall have the right to receive only 75% of the amount of each milestone payment, if any, until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Developer may invoice TxDOT for any amounts withheld pursuant to this Section 10.6.1 at any time after approval of a Recovery Schedule by TxDOT. 10.6.2 If a delay occurs for which Developer is entitled to a time extension, TxDOT may nevertheless require Developer to submit a Recovery Schedule and to implement it, provided that Developer shall be entitled to compensation for preparation and implementation of such Recovery Schedule. Developer shall submit such Recovery Schedule within ten days after receipt of written notice from TxDOT requesting a delay Recovery Schedule pursuant to this Section 10.6.implement