Common use of State-Caused Delays Clause in Contracts

State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMS. In addition, the State may, at its option, delay implementation and installation of the Solution, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays implementation of the Solution, either party may make a Change Request in accordance with Section 8, “Change Order Process,” and, if required, an amendment to this Contract. Contractor agrees to adjust the IMS and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project shall be at no additional cost to the State if the delays are less than or equal to thirty (30) days. For purposes of this Section, a “Significant Delay” shall mean any delay that in itself will cause a slippage of thirty (30) calendar days or more in a Go Live date.

Appears in 4 contracts

Samples: Standard Contract for Technology Services, Standard Contract for Technology Services, Business Associate Agreement

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State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS Implementation Master Schedule (IMS) or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMS. In addition, the State may, at its option, delay implementation and installation of the Solution, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays implementation of the Solution, either party may make a Change Request in accordance with Section 810, “Change Order Process,” and, if required, an amendment to this Contract. Contractor agrees to adjust the IMS and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project shall be at no additional cost to the State if the delays are less than or equal to thirty (30) days. For purposes of this Section, a “Significant Delay” shall mean any delay that in itself will cause a slippage of thirty (30) calendar days or more in a Go Live date.thirty

Appears in 1 contract

Samples: Contract for Services

State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation as provided in the IMSan implementation. While the State is committed to the project and shall use using reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMSobligations. In addition, the State may, at its option, delay implementation and installation of the Solution, or any part thereofdeployment. Notwithstanding any provision to the contrary, if the State Significantly Delays significantly delays implementation of the Solutiona deployment, either party may make a Change Request in accordance with Section 8, “Specification Order or Change Order Process,” for new DDI work and, if required, an amendment to this Contract. Contractor agrees to adjust the IMS and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the of a State’s adjustment to the IMS causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS schedule which may delay the commencement and completion dates of the each project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project a project shall be at no additional cost to the State if the delays are less than or equal to thirty (30) calendar days. For purposes of this Section, a “Significant Delay” shall mean any delay that in itself will cause a slippage of thirty (30) calendar days or more in a Go Live dateDate.

Appears in 1 contract

Samples: Business Associate Agreement

State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMS. In addition, the State may, at its option, delay implementation and installation of the Solution, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays implementation of the Solution, either party may make a Change Request in accordance with Section 810, “Change Order Process,” and, if required, an amendment to this Contract. Contractor agrees to adjust the IMS and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project shall be at no additional cost to the State if the delays are less than or equal to thirty (30) days. For purposes of this Section, a “Significant Delay” shall mean any delay that in itself will cause a slippage of thirty (30) calendar days or more in a Go Live date.

Appears in 1 contract

Samples: Contract for Services

State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS Integrated Master Schedule (IMS) or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMS. In addition, the State may, at its option, delay implementation and installation of the Solution, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays implementation of the Solution, either party may make a Change Request in accordance with Section 8, “Change Order Process,” and, if required, an amendment to this Contract. Contractor agrees to adjust the IMS and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project shall be at no additional cost to the State if the delays are less than or equal to thirty (30) days. For purposes of this Section, a “Significant Delay” shall mean any delay that in itself will cause a slippage of thirty (30) calendar days or more in a Go Live date.

Appears in 1 contract

Samples: Attachment E Business Associate Agreement

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State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation activities and tasks specified in Contractor’s Work Plan as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation activity or tasks completion provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMSWork Plan. In addition, the State may, at its option, delay implementation and installation of the SolutionState’s programs functionality, work product, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays or State’s DDI vendor causes a significant delay in the implementation of the Solutionwork detailed in Contractor’s Work Plan, either party Contractor or State may make a Change Request in accordance with Section 8Q, Change Order Process,” , and, if requiredin the sole discretion of the State, an amendment to this ContractContract may be initiated. In the event that the State causes a significant delay in the work described in Contractor’s Work Plan, Contractor agrees to shall adjust the IMS Work Plan and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS Work Plan causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS Work Plan which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project Contractor’s Deliverables as specified in Attachment A of this contract shall be at no not result in additional cost to the State Contractor if the delays are delay is less than or equal to thirty (30) calendar days. For purposes of this Section, a “Significant Delaysignificant delay” shall mean any delay that in itself will cause be defined as a slippage single delay, or combination of delays, of thirty (30) or more calendar days or more in a Go Live dateany of the deliverables specified in Contractor’s Work Plan.

Appears in 1 contract

Samples: Contract for Services

State-Caused Delays. Contractor acknowledges that the State may not be able to meet the time frames specified in an IMS or that the State may determine that it is necessary to delay and/or modify the timing and sequencing of the implementation activities and tasks specified in Contractor’s Work Plan as provided in the IMS. While the State is committed to the project and shall use reasonable efforts to provide staff and resources necessary to satisfy all such time frames, the State shall not be held responsible or deemed in default for any delays in Solution implementation activity or tasks completion provided the State uses its reasonable efforts to accomplish its designated responsibilities and obligations as set forth in the IMSWork Plan. In addition, the State may, at its option, delay implementation and installation of the SolutionState’s IE program functionality, work product, or any part thereof. Notwithstanding any provision to the contrary, if the State Significantly Delays or State’s DDI vendor causes a significant delay in the implementation of the Solutionwork detailed in Contractor’s Work Plan, either party Contractor or State may make a Change Request in accordance with Section 8, Change Order Process,” , and, if requiredin the sole discretion of the State, an amendment to this ContractContract may be initiated. In the event that the State causes a significant delay in the work described in Contractor’s Work Plan, Contractor agrees to adjust the IMS Work Plan and Payment Milestones deadlines to take into account any State-caused delays; provided, however, that Contractor shall continue to perform any and all activities not affected by such State-caused delay. In the event the State’s adjustment to the IMS Work Plan causes Contractor scheduling conflicts or personnel unavailability, the State and Contractor shall prepare a revised mutually agreeable IMS Work Plan which may delay the commencement and completion dates of the project and shall take into consideration the readjusted time frames and any necessary resequencing of the activities. Such readjustment, rescheduling or modification of the Project Contractor’s Deliverables as specified in Attachment A of this contract shall be at no not result in additional cost to the State Contractor if the delays are delay is less than or equal to thirty (30) calendar days. For purposes of this Section, a “Significant Delaysignificant delay” shall mean any delay that in itself will cause be defined as a slippage single delay, or combination of delays, of thirty (30) or more calendar days or more in a Go Live dateany of the deliverables specified in Contractor’s Work Plan.

Appears in 1 contract

Samples: Business Associate Agreement

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