Common use of TIME FOR CONTRACTOR'S PERFORMANCE Clause in Contracts

TIME FOR CONTRACTOR'S PERFORMANCE. A. The Contractor shall commence the performance of the Work upon issuance of the Notice to Proceed and shall diligently continue its performance to and until Final Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before the date stated on the Project Form; B. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the time allowed herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing the Construction Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; C. The term “Substantial Completion,” as used herein, shall mean that point at which, as certified in writing by the Design Professional, if any, the Owner has received a Certificate of Occupancy (if applicable), and the Project is at a level of completion in strict compliance with the Contract Documents such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion; D. Contractor shall achieve Final Completion of the Project on or before the dated stated on the Project Form; E. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing the Construction Contract. When the Owner reasonably believes that Final Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; F. All limitations of time set forth herein are material and are of the essence of the Contract Documents.

TIME FOR CONTRACTOR'S PERFORMANCE. A. (A) The Contractor shall commence the performance of this Contract on the Work upon issuance of the date authorized by Owner/Owner’s Representative in a written Notice to Proceed and shall diligently continue its performance to and until Final Completion of the Project. Due to the fact that the Owner operates a secure detention facility and has limited detention space in which to house prisoners, security and safety concerns make it impractical to employ a period of Substantial Completion. Final Completion will enable the Owner to take possession and make immediate use of each Unit as it is completed. The Contractor shall accomplish Substantial Final Completion of the Project on or before the date stated on the Project Form;completion of thirty-two(32) business days for Unit A; thereafter, thirty-two(32) business days for Unit B; and thereafter, thirty-two(32) business days for Unit C. B. (B) The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form Five Hundred and No/100 Dollars ($500.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion Final completion beyond the time allowed date set forth herein for Substantial Completion. Final completion for Unit A; thereafter Unit B; and thereafter Unit C. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing the Construction Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; C. The term “Substantial Completion,” as used herein, shall mean that point at which, as certified in writing by the Design Professional, if any, the Owner has received a Certificate of Occupancy (if applicable), and the Project is at a level of completion in strict compliance with the Contract Documents such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion; D. Contractor shall achieve Final Completion of the Project on or before the dated stated on the Project Form; E. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing the Construction this Contract. When the Owner reasonably believes that Final Completion completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completioncompletion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; F. (C) The term "Final completion", as used herein, shall mean that point at which, as certified in writing by the Manager, the Project is at a level of completion in strict compliance with this Contract such that the Owner or its designee can enjoy full use or occupancy and can fully use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed complete, and such partial use or occupancy shall not be evidence of Final completion; (D) All limitations of time set forth herein are material and are of the essence of the Contract Documentsthis Contract.

TIME FOR CONTRACTOR'S PERFORMANCE. A. The Contractor shall commence the performance of the Work upon issuance of the Notice to Proceed and shall diligently continue its performance to and until Final Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before within One hundred (100) days of issuance of the date stated on the Project FormNotice to Proceed; B. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form Two hundred Dollars ($200.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the time allowed herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing the this Construction Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably unexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; C. The term “Substantial Completion,” as used herein, shall mean that point at which, as certified in writing by the Design Professional, if anyArchitect, the Owner has received a Certificate of Occupancy (if applicable), and the Project is at a level of completion in strict compliance with the Contract Documents such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion; D. Contractor shall achieve Final Completion within Fourteen (14) days of the Project on or before the dated stated on the Project Formdate of Substantial Completion; E. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form Two Hundred Dollars ($200.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing the this Construction Contract. When the Owner reasonably believes that Final Completion will be inexcusably unexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; F. All limitations of time set forth herein are material and are of the essence of the Contract Documents.

TIME FOR CONTRACTOR'S PERFORMANCE. A. (A) The Contractor shall commence the performance of this Contract upon the Work upon issuance of the date specified in a Notice to Proceed Letter and Purchase Order issued by Collin County and shall diligently continue its performance to and until Final Completion final completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before the date stated on the Project Form;mutually agreed upon date. B. (B) The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form One Hundred ($100.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the time allowed date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing the Construction this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; C. The term “Substantial Completion,” as used herein, shall mean that point at which, as certified in writing by the Design Professional, if any, the Owner has received a Certificate of Occupancy (if applicable), and the Project is at a level of completion in strict compliance with the Contract Documents such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion; D. Contractor shall achieve Final Completion of the Project on or before the dated stated on the Project Form; E. The Contractor shall pay the Owner the sum of listed as Liquidated Damages for Late Completion on the Project Form per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing the Construction Contract. When the Owner reasonably believes that Final Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; F. All limitations of time set forth herein are material and are of the essence of the Contract Documents.