Common use of SUSPENSIONS AND DELAYS Clause in Contracts

SUSPENSIONS AND DELAYS. a. If the performance of all or any part of the Work of this Agreement is unreasonably suspended, delayed, or interrupted solely by: 1. An order or act of the Owner’s Representative in administering this Agreement; or 2. By a failure of the Owner’s Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Private Entity; then the Private Entity may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section 10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of the Private Entity or those providing Work through Private Entity. b. A claim under this clause will not be allowed for any costs incurred before the Private Entity has notified the Owner’s Representative in writing of the act or failure to act involved, or if Private Entity has failed to follow the procedures of Article XVII, Section 17.5 of this Agreement for such claim.

Appears in 3 contracts

Samples: Design and Construction Agreement, Comprehensive Agreement, Comprehensive Agreement

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SUSPENSIONS AND DELAYS. a. If the performance of all or any part of the Work of this Agreement is unreasonably suspended, delayed, or interrupted solely by: 1. i. An order or act of the Owner’s Representative in administering this Agreement; or 2ii. By a failure of the Owner’s Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Private EntityDB; then Then the Private Entity DB may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section Paragraph 10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of the Private Entity DB or those providing Work through Private Entity. b. DB. A claim under this clause will not be allowed for any costs incurred before the Private Entity DB has notified the Owner’s Representative in writing of the act or failure to act involved, or if Private Entity DB has failed to follow the procedures of Article XVII17, Section Paragraph 17.5 of this Agreement for such claim.

Appears in 1 contract

Samples: Comprehensive Agreement

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SUSPENSIONS AND DELAYS. a. If the performance of all or any part of the Work of this Agreement is unreasonably suspended, delayed, or interrupted solely by: 1. An order or act of the Owner’s Representative Owner in administering this Agreement; or 2. By a failure of the Owner’s Representative Owner to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Private Entity; then the Private Entity may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section 10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of the Private Entity or those providing Work through Private Entity. b. A claim under this clause will not be allowed for any costs incurred before the Private Entity has notified the Owner’s Representative Owner in writing of the act or failure to act involved, or if Private Entity has failed to follow the procedures of Article XVII, Section 17.5 of this Agreement for such claim.

Appears in 1 contract

Samples: Comprehensive Agreement

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