SI Failure to Complete BU Remaining Work Clause Samples

SI Failure to Complete BU Remaining Work. If the MTA determines, in its reasonable discretion, that the SI is failing to diligently complete BU Remaining Work or that emergency circumstances warrant the expedited completion of BU Remaining Work, then the MTA shall have the right to complete such BU Remaining Work, either using its own personnel (and those of other MTA Group entities) or by engaging Third Parties (the "MTA-Completed BU Remaining Work"). In no event shall the SI be entitled to any compensation for BU Remaining Work that is covered by MTA-Completed BU Remaining Work. Unless the MTA-Completed BU Remaining Work was performed due to emergency circumstances that the MTA determines were not attributable to the SI's actions or inactions, the MTA shall also deduct all costs it or any other MTA Group entity incurs in connection with performing the MTA- Completed BU Remaining Work from any applicable payments and, if such costs exceed the applicable payments, either (i) the MTA shall deduct the costs from future payments or the Retained Percentage, or (ii) the SI shall immediately pay the excess amount to the MTA upon demand.