Common use of Scheduling and Time Extensions Clause in Contracts

Scheduling and Time Extensions. Attached as Exhibit E to this Agreement is a progress schedule (“Project Schedule”) setting forth the durations for all the major items of Work to be performed; the start and finish date of all such activities; the performance tests; and the Completion Date of the Project. Contractor shall submit to Owner updated Progress Schedules each month to reflect the actual progress made and to forecast future progress of the Work. The Completion Date shall be extended only for such number of calendar days as the Work is actually delayed by acts of God, acts or omissions of Owner or the Designer of Record, delays in the issuance of required permits occurring after November 1, 2013, the presence of any undisclosed hazardous substances (including, but not limited to Hazardous Materials) affecting the Work, a casualty, change in law, flood, fire, or a change order, plus a reasonable number of additional days to allow Contractor to resume Work following such delay, and only then if it is not feasible for Contractor to avoid or to mitigate the impact of the delay (“Unavoidable Excusable Delay”). No extensions to the Completion Date shall be granted due to the negligence or fault of Contractor or its Subcontractors or untimely delivery of equipment or the non-availability of materials or labor, not including the Owner-Furnished Equipment and materials. In order to obtain a time extension due to an Unavoidable Excusable Delay, Contractor must give written notice to Owner within five (5) working days after the commencement of each Unavoidable Excusable Delay, including a description of actions taken to avoid or mitigate the delay and a proposed action plan or re-sequencing to minimize the impact on the Project.

Scheduling and Time Extensions. Attached as Exhibit E to this Agreement is a progress schedule (“Project Schedule”) setting forth the durations for all the major items of Work to be performed; the start and finish date of all such activities; the performance tests; and the Completion Date of the Project. EPC Contractor shall submit to Owner updated Progress Schedules each month to reflect the actual progress made and to forecast future progress of the Work. The Completion Date shall be extended only for such number of calendar days as the Work is actually delayed by acts of God, acts or omissions of Owner or the Designer of RecordOwner, delays in the issuance of required permits occurring after November 14, 2013, the presence of any undisclosed hazardous substances (including, but not limited to Hazardous Materials) affecting the Work, a casualty, change in law, flood, fire, or a change order, plus a reasonable number of additional days to allow EPC Contractor to resume Work following such delay, and only then if it is not feasible for EPC Contractor to avoid or to mitigate the impact of the delay (“Unavoidable Excusable Delay”). No extensions to the Completion Date shall be granted due to the negligence or fault of EPC Contractor or its Subcontractors or untimely delivery of equipment or the non-availability of materials or labor, not including the Owner-Furnished Equipment and materials. In order to obtain a time extension due to an Unavoidable Excusable Delay, EPC Contractor must give written notice to Owner within five (5) working days after the commencement of each Unavoidable Excusable Delay, including a description of actions taken to avoid or mitigate the delay and a proposed action plan or re-sequencing to minimize the impact on the Project.

Scheduling and Time Extensions. Attached as Exhibit E to this Agreement is a progress schedule (“Project Schedule”) setting forth the durations for all the major items of Work to be performed; the start and finish date of all such activities; the performance tests; and the Completion Date of the Project. EPC Contractor shall submit to Owner updated Progress Schedules each month to reflect the actual progress made and to forecast future progress of the Work. The Completion Date shall be extended only for such number of calendar days as the Work is actually delayed by acts of God, acts or omissions of Owner or the Designer of RecordOwner, delays in the issuance of required permits occurring after November September 1, 2013, the presence of any undisclosed hazardous substances (including, but not limited to Hazardous Materials) affecting the Work, a casualty, change in law, flood, fire, or a change order, plus a reasonable number of additional days to allow EPC Contractor to resume Work following such delay, and only then if it is not feasible for EPC Contractor to avoid or to mitigate the impact of the delay (“Unavoidable Excusable Delay”). No extensions to the Completion Date shall be granted due to the negligence or fault of EPC Contractor or its Subcontractors or untimely delivery of equipment or the non-availability of materials or labor, not including the Owner-Furnished Equipment and materials. In order to obtain a time extension due to an Unavoidable Excusable Delay, EPC Contractor must give written notice to Owner within five (5) working days after the commencement of each Unavoidable Excusable Delay, including a description of actions taken to avoid or mitigate the delay and a proposed action plan or re-sequencing to minimize the impact on the Project.