Common use of AGREEMENT TIME Clause in Contracts

AGREEMENT TIME. 6.1.1 The Agreement Time will start with the Notice to Proceed (“NTP”) and end with Final Acceptance. 6.1.2 Beginning on the date of the NTP, Contractor must begin to fulfill Contractor’s obligations under the Agreement. Contractor’s obligations include providing City and other agencies with any submittals required by the Project Specific Special Provisions, including but not limited to, an approved Project Schedule, Traffic Control Plans, and a Stormwater Pollution Prevention Plan. Contractor must submit all such required submittals before any physical construction work commences on the Site. NTP does not authorize construction work until all a greement insurance, bonds, and schedules are submitted to and accepted by the City. 6.1.3 The Agreement Time will be as set forth in the Project Schedule. Contractor agrees that it will commence performance of the Work and complete the Project through both Substantial Completion and Final Acceptance within the Agreement Time. 6.1.4 Time is of the essence of this Agreement, for the Project, for the Work, and for each phase and designated Milestone thereof. 6.1.5 Failure of Contractor to perform any covenant or condition contained in the Agreement Documents within the time periods specified herein, will constitute a material breach of this Agreement entitling City to terminate the Agreement unless Contractor applies for and receives an extension of time, in accordance with the procedures set forth in the Agreement Documents. 6.1.6 Failure of City to insist upon the performance of any covenant or condition within the time periods specified herein, will not constitute a waiver of Contractor’s duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition.‌ 6.1.7 City’s agreement to waive a specific time provision or to extend the time for performance will not constitute a waiver of any other time provisions contained in the Agreement Documents. Failure of Contractor to complete performance promptly within the additional time authorized in the waiver or extension of time agreement constitutes a material breach of this Agreement entitling City to all the remedies set forth herein or provided by law.

Appears in 1 contract

Sources: Construction Agreement

AGREEMENT TIME. 6.1.1 The Agreement Time will start with the Notice to Proceed (“NTP”) and end with Final Acceptance. 6.1.2 Beginning on the date of the NTP, Contractor must begin to fulfill Contractor’s obligations under the Agreement. Contractor’s obligations include providing City and other agencies with any submittals required by the Project Specific Special Provisions, including but not limited to, an approved Project Schedule, Traffic Control Plans, and a Stormwater Pollution Prevention Plan. Contractor must submit all such required submittals before any physical construction work commences on the Site. NTP does not authorize construction work until all a greement insurance, bonds, and schedules are submitted to and accepted by the City. 6.1.3 The Agreement Time will be as set forth in the Project Schedule. Contractor agrees that it will commence performance of the Work and complete the Project through both Substantial Completion and Final Acceptance within the Agreement Time. 6.1.4 Time is of the essence of this Agreement, for the Project, for the Work, and for each phase and designated Milestone thereof. 6.1.5 Failure of Contractor to perform any covenant or condition contained in the Agreement Documents within the time periods specified herein, will constitute a material breach of this Agreement entitling City to terminate the Agreement unless Contractor applies for and receives an extension of time, in accordance with the procedures set forth in the Agreement Documents. 6.1.6 Failure of City to insist upon the performance of any covenant or condition within the time periods specified herein, will not constitute a waiver of Contractor’s duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition.‌ 6.1.7 City’s agreement to waive a specific time provision or to extend the time for performance will not constitute a waiver of any other time provisions contained in the Agreement Documents. Failure of Contractor to complete performance promptly within the additional time authorized in the waiver or extension of time agreement constitutes a material breach of this Agreement entitling City to all the remedies set forth herein or provided by lawcondition.

Appears in 1 contract

Sources: Construction Agreement