Common use of Delays and Extension of Time Clause in Contracts

Delays and Extension of Time. The CONTRACTOR shall not be considered in default by reason of a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR’s request, the CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR’s delay and failure to timely perform was without it or its subcontractors’ fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the CITY’s rights to change, terminate, or stop any or all of the work at any time. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the CITY or its employees, or by any other contractor employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTOR’S control, or by delay authorized by the CITY pending negotiation or by any cause which the CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, may decide. No extension of time shall be made for any delay occurring more than seven (7) days before a claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. The CONTRACTOR’s sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the work.

Delays and Extension of Time. The CONTRACTOR shall not be considered in default by reason of a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR’s request, the CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR’s delay and failure to timely perform was without it or its subcontractors’ fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the CITY’s rights to change, terminate, or stop any or all of the work at any time. a. If the CONTRACTOR is Contractor be delayed at any time in the progress of the work by any an act or neglect of the CITY Owner, or its employeesthe Engineer, if there is one, or of any employee of either, or by any other contractor separate Contractor employed by the CITYOwner, or by changes ordered in the work or by the CITY or in an strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, casualties or any causes cause beyond the CONTRACTOR’S Contractor’s control, or by delay authorized by the CITY pending negotiation or by any cause which the CITY, in its sole discretion, Owner or Engineer shall decide justifies the delay, then the time of completion shall be extended for any such reasonable time as the CITY, in its sole discretion, Owner or Engineer may decide. decide but only to the extent that the delay affects critical path items for completing the work by the completion date. b. No such extension of time shall be made for any delay occurring more than seven (7) days before a claim therefore therefor is made in writing to the CITYOwner, or to the Engineer, if there is one. In the case of a continuing cause of delay, only one (1) claim is necessary. . c. If no schedule or other agreement sets forth stating the dates by upon which drawing(s) drawings shall be furnishedfurnished is made, then no claims request for delay shall be allowed because on account of failure to furnish such drawing(s), drawings until two (2) weeks after demand for the such drawings and not then unless said claim is such request be reasonable. d. Non-Excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. The CONTRACTOR’s sole remedy Contractor shall receive no compensation for a such delay and shall be solely responsible for all measures necessary to recover any time lost on account of such delays so that Work is completed within the Contract Time. e. Excusable Delays - Excusable delays in the prosecution or completion of the work Work shall include delays which result from causes beyond the control of the Contractor and Owner and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. The Contractor shall receive no compensation for any reason will such delay and the time of completion shall be an extension of extended for such reasonable time as the Owner or Engineer may decide but only to complete the extent that the delay affects critical path items for completing the work by the completion date. Excusable delays are as further defined below: i. Abnormal Delays - Delays caused by fire, unusual storms, floods, tidal waves, earthquakes, COVID-19 or other pandemic, strikes, labor disputes, freight embargoes, and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion shortages of materials shall be considered as excusable delays insofar as they prevent the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the work.Contractor from proceeding with at least seventy-five

Delays and Extension of Time. The CONTRACTOR 8.1 A failure or delay by the applicable Buyer or Contractor to perform any act or obligation to be performed by it under the Accepted Order within the time specified therein for such performance, if caused by act of God or public enemy, explosion, fire, storm, earthquake, flood, drought, strikes, lockouts, labor troubles, riots, vandalism, sabotage, embargo, war, whether or not declared and whether or not the United States is a participant, federal, state or municipal law, regulation, order, license, priority, seizure, regulation, or allocation, failure or delay of transportation, shortage or inability to obtain supplies, raw materials, equipment, fuel, or labor, or by act or neglect of any separate contractor, or changes ordered in the work, or any other circumstance of a similar or different nature beyond the reasonable control of the party so failing or delayed, shall not constitute a breach of the Accepted Order nor subject the party so failing to any liability to the other and, except as herein otherwise expressly provided, the time of performance shall be considered extended for the duration of the delay so caused; provided such Party shall have notified the other Party in default by reason writing of the existence of such a condition, and the expected duration thereof within five (5) working days of the commencement of any such delay. If the Buyer determines that a delay in timely performance if such delay and failure arises out of causes reasonably so claimed by Contractor was beyond the control and without the fault or negligence of Contractor and not reasonably foreseeable by Contractor at the time the Accepted Order was entered into, the Buyer shall determine the duration of the CONTRACTOR or its subcontractors delay and without their fault or negligence. Such causes includeshall extend the time of performance of the Accepted Order thereby; provided, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR’s requesthowever, the CITY shall consider Contractor will cooperate with the facts Buyer and extent use its best efforts to minimize the impact on the schedule of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR’s delay and failure to timely perform was without it or its subcontractors’ fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the CITY’s rights to change, terminate, or stop any or all of the work at any time. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the CITY or its employees, or by any other contractor employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTOR’S control, or by delay authorized by the CITY pending negotiation or by any cause which the CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, may decide. No extension of time shall be made for any delay occurring more than seven (7) days before a claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. The CONTRACTOR’s sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving by re-deployment or other use made of labor and/or materials during such period of delay. Contractor shall not be entitled to, and hereby expressly waives recovery of, any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly damages suffered by CONTRACTOR due to a delay in completion reason of the workdelays contemplated by this provision, and extension of time shall constitute Contractor’s sole remedy and PPG and the Buyer’s sole liability for such delays. Failure to give the above-described notice of delay shall be sufficient ground for denial by the Buyer of an extension of time.

Delays and Extension of Time. The CONTRACTOR CONSULTANT shall not be considered in default by reason of a delay any failure in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR CONSULTANT or its subcontractors Sub CONSULTANTS and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR’s CONSULTANT’S request, the CITY CRA shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR’s delay and CONSULTANT’S failure to timely perform was without it or its subcontractorsSub VENDOS’ fault or negligence, as determined by the CITY in its sole discretionCRA, the time Contract Schedule and/or any other affected provision of completion this Contract shall be extended for any reasonable time that the CITY, in its sole discretion, may deciderevised accordingly; subject to the CITY’s CRA’S rights to change, terminate, or stop any or all of the work at any time. If the CONTRACTOR CONSULTANT is delayed at any time in the progress process of the work by any act or neglect of the CITY CRA or its employees, or by any other contractor CONSULTANT employed by the CITYCRA, or by changes ordered by the CITY CRA or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTORCONSULTANT’S control, or by delay authorized by the CITY CONSULTANT pending negotiation or by any cause which the CITY, in its sole discretion, CONSULTANT shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, CRA may decide. No extension of time shall be made for any a delay occurring more than seven (7) days before a claim therefore is made in writing to the CITYCONSULTANT. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which the drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. The CONTRACTOR’s sole remedy This Article does not exclude the recovery of damages for a delay by either party under other provisions in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the workContract.