Avoidable Delays Sample Clauses

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Avoidable Delays. An “Avoidable Delay” is any Delay other than an Unavoidable Delay, and those Unavoidable Delays that could have been avoided, because: (i) Contractor, Sub-contractors, or Sub-subcontractors failed to exercise care, prudence, foresight, or diligence; (ii) such Delay only affects a portion of Work that does not necessarily interfere with prosecution of other parts of the Work; (iii) such Delay does not impact the Project’s critical path; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.
Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of County would have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor or Contractor's subcontractors.
Avoidable Delays. An “Avoidable Delay” is any Delay other than an Unavoidable Delay, and those Unavoidable Delays that could have been avoided, because: (i) Contractor, Sub-contractors, or Sub-subcontractors failed to exercise care, prudence, foresight, or diligence; (ii) such Delay only affects a portion of Work that does not necessarily interfere with prosecution of other parts of the Work; (iii) such Delay does not impact the Project’s critical path; delays caused by Force Majeure that in fact do not adversely impact the Project in a manner that could not have been avoided by rescheduling or by implementing protective measures; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.
Avoidable Delays. In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with the liquidated damages provision. The County, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in County's best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs but will not be assessed damages for the delay.
Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight, and diligence on the part of Contractor. Delays in the prosecution of parts of the work, which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, reasonable loss of time resulting from the necessity of submitting plans to District Engineer for approval and from the making of surveys, measurements, and inspections, and by such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the District, which do not necessarily prevent the completion of the whole work within the time herein specified, will be considered by the District as avoidable delays within the meaning of this contract.

Related to Avoidable Delays

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.