Contractor Fault definition
Examples of Contractor Fault in a sentence
In the event a Governmental Approval cannot be obtained within a reasonable period of time (as determined by the Sewer District), for reasons other than Design- Build Contractor Fault, such failure to obtain a Governmental Approval shall be considered an Uncontrollable Circumstance.
Except for the BWS Events of Default described in subsection (A) (Events of Default Permitting Termination) of this Section, the failure of the BWS to perform any other material obligation under this Service Agreement (unless such default is due to DBOM Contractor Fault), shall constitute an Uncontrollable Circumstance as and to the extent provided in Article 19 (Uncontrollable Circumstances), and the DBOM Contractor shall have no right to terminate this Service Agreement.
The Contractor shall promptly repair or replace all KRRC Property and all private property (including Separate Contractor work or property) damaged by any Contractor Person as a result of Contractor Fault.
The Fixed Design-Build Price shall be reduced for omitted Design-Build Work resulting from any Design-Build Contractor Fault by the greater of: (1) the reduction in value of the Project due to the omitted Design-Build Work; or (2) the reduction in the Design-Build Contractor’s cost of the Design-Build Work.
The DBOM Contractor shall be entitled to Uncontrollable Circumstance relief as and to the extent provided in Article 19 (Uncontrollable Circumstances) in the event of the issuance of any such directive, except to the extent caused due to DBOM Contractor Fault.
The failure, refusal or other default by the Sewer District in its duty: (1) to pay the amount required to be paid to the Design-Build Contractor under this Design-Build Agreement within sixty (60) days following the due date for such payment; or (2) to perform any other material obligation under this Design- Build Agreement (unless such default is excused by an Uncontrollable Circumstance or Design-Build Contractor Fault).
However, if any loss, damage, injury or death occurs due to DBOM Contractor Fault, DBOM Contractor shall be fully liable for all costs, damages, claims, actions, suits, attorneys’ fees and all other expenses arising therefrom or relating thereto.
Notwithstanding the preceding sentence, the DBOM Contractor shall reimburse the BWS in an amount equal to any charges or penalties imposed by the electricity provider resulting from DBOM Contractor Fault on a monthly basis as an Extraordinary Item credit.
Contractor shall be solely responsible for, and pay when due, all fines, fees and penalties pertaining to Permit violations and all other costs, fees and expenses of performing all work included in administrative orders, notices or similar directives of violation that were the result of Contractor Fault or caused by the occurrence of a Change in Law.
The DBOM Contractor and the BWS shall periodically meet and confer (not less frequently than once each Contract Year) to discuss the Five-Year Major Maintenance, Repair and Replacement Plan and each update thereto and to agree whether or not any Excluded Project Equipment and Structures require replacement during the Term that is not the responsibility of the DBOM Contractor pursuant to Schedule 12 (Major Maintenance, Repair and Replacement) or due to DBOM Contractor Fault.