Common use of CLAIMS FOR DELAY Clause in Contracts

CLAIMS FOR DELAY. Should AASDI‘s performance, in whole or in part, be delayed, disrupted, accelerated or suspended in the commencement, prosecution or completion of the Services (“Delay”), as a result of the action or inaction of ASD or inaction of any person or entity other than Client, AASDI’s sole remedy against ASD for shall be a reasonable extension of the time for performance in which to complete the SOW and such remedy will be available only to the extent the Delay was not attributable to AASDI’s fault or negligence. For Claims related to a Delay caused by Client’s action or inaction, and solely only to the extent the Delay was not attributable to AASDI’s fault or negligence, AASDI’s sole remedies against ASD shall be: (a) a reasonable extension of the time for performance in which to complete the Services, provided, however that such extension will be available only to the extent that a similar extension of time has been granted to ASD by Client; and (b) to the extent that Client pays amounts to ASD as compensation for the Delay, AASDI shall receive reasonable compensation for such Delay, not to exceed the amount actually received from Client. AASDI shall only be entitled to the remedies specified in this Section 12.2 if AASDI provides ASD written notification of the Delay and cause of Delay within seventy-two (72) hours of the event causing the Delay.

Appears in 2 contracts

Sources: Services Agreement, Services Agreement

CLAIMS FOR DELAY. Should AASDI‘s performance, in whole or in part, be delayed, disrupted, accelerated or suspended in the commencement, prosecution or completion of the Services (“Delay”), as a result of the action or inaction of ASD or inaction of any person or entity other than Client, AASDI’s sole remedy against ASD for shall be a reasonable extension of the time for performance in which to complete the SOW and such remedy will be available only to the extent the Delay was not attributable to AASDI’s fault or negligence. For Claims related to a Delay caused by Client’s action or inaction, and solely only to the extent the Delay was not attributable to AASDI’s fault or negligence, AASDI’s sole remedies against ASD shall be: (a) a reasonable extension of the time for performance in which to complete the Services, provided, however that such extension will be available only to the extent that a similar extension of time has been granted to ASD by Client; and (b) to the extent that Client pays amounts to ASD as compensation for the Delay, AASDI shall receive reasonable compensation for such Delay, not to exceed the amount actually received from Client. AASDI shall only be entitled to the remedies specified in this Section 12.2 if AASDI provides ASD written notification of the Delay and cause of Delay within seventy-two (72) hours of the event causing the Delay.actually

Appears in 1 contract

Sources: Services Agreement