Common use of DELAYS IN THE WORK Clause in Contracts

DELAYS IN THE WORK. If causes beyond Clearspan’s control delay the progress of the Work on a Project or Clearspan’s preparation for the performance of that Work in advance of the execution or acceptance of a Work Order addressing the same, if Clearspan shall stop the Work on a Project pursuant to this Agreement or its preparation for the performance of that Work in advance of the execution or acceptance of a Work Order addressing the same or if the Owner shall elect to not proceed with the performance of any Work in advance of the execution or acceptance of a Work Order addressing the same, then the date of Substantial Completion of the Work on that Project shall, if applicable, be modified as appropriate and Owner shall reimburse Clearspan for one hundred twenty percent (120%) of any and all costs and expenses, including without limitation those attributable to Clearspan’s internal resources and personnel costs and for transportation, storage, equipment rental and labor mobilization and remobilization incurred by Clearspan and its affiliates and subcontractors as a result of such delay, termination of Work or election to not proceed. Such causes beyond Clearspan’s control shall include but not be limited to: changes ordered in the Work on that Project, acts or omissions of any party other than Clearspan, inclusive of other parties performing services for Owner or organized labor, failure of any other party to comply with any applicable Governmental Authority, damage or loss to any of the Equipment following its delivery to Owner, the Owner preventing Clearspan from performing the Work on that Project or being in breach of the Contract Documents, the presence at the Worksite for that Project of any substance identified now or in the future as hazardous under any Governmental Authority, any surface, subsurface, aerial or other conditions at the Worksite for that Project which differ from those set forth in any information provided by Owner to Clearspan or which interfere with the performance of the Work on that Project or any Force Majeure Event, as defined in Section 7.4. Owner expressly understands and agrees that Projects, and the Work related thereto, are complex, require the coordination of the performance of the services of other parties, the allocation of Clearspan’s internal resources and significant advance planning for their timely execution and, accordingly, it is reasonable for Clearspan and its affiliates and subcontractors to incur costs and expenses in anticipation of the execution or acceptance of a Work Order addressing a Project and the Work related thereto for which the Owner shall be liable to Clearspan pursuant to this Section 5.2 should it elect to not proceed with the same.