DETERMINATION AND EXTENSION OF CONTRACT TIME Clause Samples

DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the Work shall be stated in the contract and shall be known as the CONTRACT TIME.
View SourceView Similar (21)
DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the Work shall be stated in the contract and shall be known as the CONTRACT TIME. a. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the Contract counting from the date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonworking days. All calendar days elapsing between the effective dates of the OWNER’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. b. Any claim for extension of time or additional compensation for delay (including, but not limited to, compensation for extended overhead or general conditions costs) shall be made as soon as possible in writing to the OWNER but not more than ten days after the commencement of the delay. In case of continuing delay, only one claim notice per calendar month is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. Furthermore, within ten (10) business days after the end of each calendar month for which the Contractor (or a subcontractor at any level) has claimed a delay for which the Contractor will ultimately seek additional compensation from the OWNER, the Contractor shall submit to the OWNER a detailed and fully-supported document listing the costs claimed for the preceding calendar month by the Contractor and any impacted subcontractors, pursuant to the delay. It is understood (and the Contractor shall ensure) that these same provisions flow down to subcontractors working under the Contract. In the event that the Contractor does not comply with the requirements of this section, the Contractor shall not be entitled to any ▇▇▇▇-up for fee (profit) on any compensation ultimately approved by the OWNER for the delay. c. Seasonal weather conditions shall be considered and included in the planning and scheduling of all Work influenced by high or low ambient temperatures, precipitation and/or saturated soil to ensure completion of all Work within the Contract time. Average historical climatic conditions for the proceeding ten (10) years are published by the National Oceanographic and Atmospheric Administration (NOAA) and entitled “Local Climatological Data-Dallas/Fort Worth, Texas.” d. For planning purposes, the following shall be considered average workdays lost per month due to weather conditions: Month Lost Time in Workdays January 5 February 4 March 5 April ...
View SourceView Similar (6)
DETERMINATION AND EXTENSION OF CONTRACT TIME. CONTRACT TIME The initial term of this contract is one calendar year.
View Source
DETERMINATION AND EXTENSION OF CONTRACT TIME. ‌ The number of Calendar or Working Days allowed for completion of the Work shall be stated in the proposal and Contract and shall be known as the Contract Time. Should the Contract Time require extension for reasons beyond the CMR’s control, it shall be adjusted as follows: a. Contract Time based on Working Days shall be calculated weekly by the Design Professional. The Design Professional will furnish the CMR a copy of his/her weekly statement of the number of Working Days charged against the Contract Time during the week and the number of Working Days currently specified for completion of the Contract (the original Contract Time plus the number of Working Days, if any, that have been included in approved Change Orders or Supplemental Agreements covering Extra Work. (1) No time shall be charged for days on which the CMR is unable to proceed with the principal item of Work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the CMR’s control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of Work under construction or temporary suspension of the entire Work which have been ordered by the Airport Authority for reasons not the fault of the CMR, shall not be charged against the Contract Time. (2) The Design Professional will not make charges against the Contract Time prior to the effective date of the Notice to Proceed. (3) The Design Professional will begin charges against the Contract Time on the first Working Day after the effective date of the Notice to Proceed. (4) The Design Professional will not make charges against the Contract Time after the date of Final Acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50 of Article 2. (5) The CMR will be allowed 1 week in which to file a written protest setting forth his/her objections to the Design Professional’s weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the CMR. b. Contract Time based on Calendar Days shall consist of the number of Calendar Days stated in the Contract counting from the effective date of the Notice to Proceed and including all Saturdays, Sundays, holidays, and nonwork days. All Calendar Days elapsing between ...
View Source
DETERMINATION AND EXTENSION OF CONTRACT TIME. Delete the first paragraph of Subsection 108.08 in its entirety and replace with the following: Add the following new Subsection 108.08(e):
View Source
DETERMINATION AND EXTENSION OF CONTRACT TIME. Delete this subsection in its entirety and substitute the following: The work for this Contract includes work under Defined Work Pay Items. All work under Defined Work Pay Items shall be completed no later than December 10, 2021.
View Source
DETERMINATION AND EXTENSION OF CONTRACT TIME. CONTRACT TIME The Department shall determine and specify the contract time in the Notice to Proceed. The Date of completion shall be the date that the Department finds the work acceptable under the contract documents and that the Contractor has fully performed the work under the contract. The work on the contract will be considered substantially complete when the project has met the intention of the plans, as reasonably determined by the Engineer or the Consulting Engineer. When the Engineer or the Consulting Engineer considers the project substantially complete, the Department will discontinue the contract time charges prior to its final acceptance of the work.
View Source
DETERMINATION AND EXTENSION OF CONTRACT TIME. Delete this subsection in its entirety and substitute the following: The Contractor is advised that short duration halts to work at the Jamestown Plaza may be directed by the State Police for security reasons. The Contractor shall comply with any requests by the State Police or the RITBA or their agents to temporarily halt work and have all personnel leave the plaza site. Where appropriate under the provisions of this subsection, extensions or reductions to the Contract Time may be provided by Change Order, however, such extensions or reductions will be allowed only to the extent that the increase or decrease in the Work or delays of the types indicated herein affect current controlling operations and the overall Completion. Increases or decreases in Work or such delays that do not affect the overall completion are not to be the basis for reduction or extension of Contract Time. Extensions of Contract Time will not be granted under this subsection where it is determined by the Engineer that the Contractor could have avoided the circumstances which give rise to his requesting such extensions. If the Contractor is delayed in completion of the Work by reason of changes made under Subsection 104.02, or by any act of the Contractor consistent with Subsection 105.10, or due to the discovery of archaeological finds consistent with Subsection 107.11, or the discovery of hazardous substances, or by any act of the Engineer or of the Authority not contemplated by the Contract, any extension of Contract Time commensurate with the delay in overall completion of the Contract thus caused will  be granted and the Contractor is relieved from any claim. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. The Authority, in determining an extension of time, may, at its discretion, take into consideration any delay or delays caused by conditions beyond its control, and without the fault of the Contractor, such conditions including, but not limited to the order, decree, or judgment of any court of judge thereof, fire, other casualty, strikes, lockouts, or acts of God. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion.
View Source

Related to DETERMINATION AND EXTENSION OF CONTRACT TIME

  • Procedure for Termination, Amendment, Extension or Waiver A termination of this Agreement pursuant to Section 7.01, an amendment of this Agreement pursuant to Section 7.03 or an extension or waiver of this Agreement pursuant to Section 7.04 shall, in order to be effective, require in the case of Parent, Sub or the Company, action by its Board of Directors.

  • Extension of Contract The Director of Procurement Services may, with the consent of the contractor extend the Contract period beyond the indicated expiration date.

  • Expiration and Extension of the Offer (i) Unless the Offer is extended pursuant to and in accordance with this Agreement, the Offer shall expire at midnight, New York Time, on the date that is twenty (20) Business Days after the date the Offer is first commenced (within the meaning of Rule 14d-2 promulgated under the Exchange Act) (as such date and time may be extended, the “Expiration Time”). In the event that the Offer is extended pursuant to and in accordance with this Agreement, then the Offer shall expire on the date and at the time to which the Offer has been so extended. (ii) Notwithstanding the provisions of Section 2.1(d)(i) or anything to the contrary set forth in this Agreement: (A) Acquisition Sub shall extend the Offer for any period required by any Law or Order, or any rule, regulation, interpretation or position of the SEC or its staff or NASDAQ, in any such case that is applicable to the Offer; (B) in the event that any of the conditions to the Offer set forth on Annex A, other than the Minimum Condition, are not satisfied or waived (if permitted hereunder) as of any then scheduled expiration of the Offer, Acquisition Sub shall extend the Offer for successive extension periods of ten (10) Business Days each (or any longer period as may be approved in advance by the Company) in order to permit the satisfaction of all of the conditions to the Offer; and (C) in the event that all of the conditions to the Offer set forth on Annex A have been satisfied or waived (if permitted hereunder), except that the Minimum Condition has not been satisfied, as of any then scheduled expiration of the Offer, Acquisition Sub shall extend the Offer for an extension period of ten (10) Business Days (or any longer period as may be approved in advance by the Company), it being understood and agreed that Acquisition Sub shall not be required to extend the Offer pursuant to this clause (C) on more than two (2) occasions, but may, in its sole discretion, elect to do so; provided, however, that the foregoing clauses (A), (B) or (C) of this Section 2.1(d)(ii) shall not be deemed to impair, limit or otherwise restrict in any manner the right of the parties to terminate this Agreement pursuant to the terms of Article IX, and in no event shall Acquisition Sub be required to extend the Offer beyond the Termination Date. (iii) Neither Parent nor Acquisition Sub shall extend the Offer in any manner other than pursuant to and in accordance with the provisions of Section 2.1(d)(ii) without the prior written consent of the Company. (iv) Neither Parent nor Acquisition Sub shall terminate or withdraw the Offer prior to the then scheduled expiration of the Offer unless this Agreement is validly terminated in accordance with Article IX, in which case Acquisition Sub shall (and Parent shall cause Acquisition Sub to) irrevocably and unconditionally terminate the Offer promptly (but in no event more than one (1) Business Day) after such termination of this Agreement.

  • Termination of Obligations to Effect Closing; Effects (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Investors; (ii) By the Company if any of the conditions set forth in Section 6.2 shall have become incapable of fulfillment, and shall not have been waived by the Company; (iii) By an Investor (with respect to itself only) if any of the conditions set forth in Section 6.1 shall have become incapable of fulfillment, and shall not have been waived by the Investor; or (iv) By either the Company or any Investor (with respect to itself only) if the Closing has not occurred on or prior to November 15, 2016; provided, however, that, except in the case of clause (ii) or (iii) above, the party seeking to terminate its obligation to effect the Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party’s seeking to terminate its obligation to effect the Closing. (b) In the event of termination by any Investor of its obligations to effect the Closing pursuant to Section 6.3(a)(iii), written notice thereof shall promptly be given to the other Investors by the Company and the other Investors shall have the right to terminate their obligations to effect the Closing upon written notice to the Company and the other Investors. Nothing in this Section 6.3 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

  • Exceptions and Extension of Payment Due Date NYSERDA has determined that, notwithstanding the provisions of Sections 504.3 and 504.4 of this Exhibit, any of the following facts or circumstances, which may occur concurrently or consecutively, reasonably justify extension of the Payment Due Date: (a) If this Agreement provides Payment will be made on a specific date or at a predetermined interval, without having to submit a written invoice, if any documentation, supporting data, performance verification, or notice specifically required by this Agreement or other State or Federal mandate has not been submitted to NYSERDA on a timely basis, then the Payment Due Date shall be extended by the number of calendar days from the date by which all such matter was to be submitted to NYSERDA and the date when NYSERDA has actually received such matter. (b) If an inspection or testing period, performance verification, audit or other review or documentation independent of the Contractor is specifically required by this Agreement or by other State or Federal mandate, whether to be performed by or on behalf of NYSERDA or another entity, or is specifically permitted by this Agreement or by other State or Federal provision and NYSERDA or other entity with the right to do so elects to have such activity or documentation undertaken, then the Payment Due Date shall be extended by the number of calendar days from the date of Receipt of an Invoice to the date when any such activity or documentation has been completed, NYSERDA has actually received the results of such activity or documentation conducted by another entity, and any deficiencies identified or issues raised as a result of such activity or documentation have been corrected or otherwise resolved. (c) If an invoice must be examined by a State or Federal agency, or by another party contributing to the funding of the Contract, prior to Payment, then the Payment Due Date shall be extended by the number of calendar days from the date of Receipt of an Invoice to the date when the State or Federal agency, or other contributing party to the Contract, has completed the inspection, advised NYSERDA of the results of the inspection, and any deficiencies identified or issues raised as a result of such inspection have been corrected or otherwise resolved. (d) If appropriated funds from which Payment is to be made have not yet been appropriated or, if appropriated, not yet been made available to NYSERDA, then the Payment Due Date shall be extended by the number of calendar days from the date of Receipt of an Invoice to the date when such funds are made available to NYSERDA.