Common use of Diligent Performance Clause in Contracts

Diligent Performance. (a) Subcontractor agrees to commence, pursue diligently and complete the work in such sequence and order and according to such schedules as Contractor shall establish from time to time during the course of the work, and shall perform the work so as not to delay any other trades or contractors, time being of the essence of this Subcontract. Any written dates furnished by the Subcontractor and approved by Contractor and Owner for delivery of materials, samples, shop drawings, etc., shall become a part of this Subcontract. Subcontractor shall furnish information requested by the Contractor in connection with monitoring and updating the Project schedule and shall immediately notify Contractor in writing of any interruption of the work or late delivery which causes or may cause a delay in Subcontractor's performance. No extension of completion date shall be permitted unless approved in writing by the Contractor and Owner, and Subcontractor shall be responsible for any losses or penalties incurred by Contractor as a result of delays in completing Subcontractor’s work. If Contractor determines that the Subcontractor is behind schedule or will not be able to maintain the schedule, Subcontractor shall submit a remedial plan to recover, shall work overtime, shift work, or work in an altered sequence, if deemed necessary, in the judgment of the Contractor to maintain the progress of the work. Any such overtime, acceleration, shift or altered sequence work required to maintain progress or to complete the work on a timely basis shall be at Subcontractor's expense and shall not entitle Subcontractor to an extension of time or additional compensation. Contractor may supplement Subcontractor's forces, at Subcontractor's expense, if deemed necessary by the Contractor to maintain the Project schedule. Subcontractor shall be liable to the Contractor for any delay or damages, including consequential or liquidated damages, threatened or assessed against the Contractor to the extent caused by the Subcontractor. (b) To the fullest extent permitted by applicable law, Contractor shall have the right at any time to delay or suspend the work or any part thereof without incurring liability therefore. An extension of time shall be the sole and exclusive remedy of Subcontractor for any delays or suspensions suffered by Subcontractor, but only to the extent that a time extension is obtained from the Owner, and Subcontractor shall have no right to seek or recover from Contractor any damages or losses, whether direct or indirect, arising from or related to any delay or acceleration to overcome delay, and/or any impact or effect of such delays on the Work. (c) Subcontractor shall cooperate fully with Contractor in providing promptly any information requested by Contractor in connection with preparation of schedules for the Project, including, but not limited to, detailed information concerning the sequence, beginning and ending dates of activities, cost breakdowns related to such activities, and any information requested for Critical Path Method scheduling if used for the Project. The costs of all such activities on the part of Subcontractor are included in the Subcontract Amount. (d) In the event of any dispute under this Subcontract or as to the work to be performed, Subcontractor shall continue to diligently perform the work as directed by Contractor without interruption, deficiency or delay.

Diligent Performance. (a) Subcontractor agrees to will commence, pursue diligently and diligently, complete the work and all requirements of this Subcontract Agreement in such sequence (and order order) and according to such schedules as Contractor shall establish from time to time during the course of the work, and . Subcontractor shall perform the work so as not to delay any other trades or contractors, Subcontractor understands that time being is of the essence in the performance of this Subcontract. Any written dates for performance furnished by the Subcontractor and approved by Contractor and or Owner for delivery of materials, samples, shop drawings, etc., shall become a part of this Subcontract. Subcontractor shall furnish information requested by the Contractor in connection with monitoring and updating the Project schedule and shall immediately notify Contractor in writing of any interruption of on the work job or late delivery which causes or may cause a delay in Subcontractor's ’s performance. No extension of the completion date shall be permitted unless approved in writing by the Contractor and Owner, and Subcontractor shall be responsible for any losses or penalties damages incurred by Contractor as a result of delays in completing Subcontractor’s its work. If Contractor determines that the Subcontractor is behind schedule or will not be able At no additional cost to maintain the scheduleContractor, unless approved in advance, Subcontractor shall submit a remedial plan to recover, shall work overtime, shift work, overtime or work in an altered sequence, increase manpower if deemed necessary, in the judgment of the Contractor Contractor, to maintain the progress of the work. Any such overtime, acceleration, overtime or shift or altered sequence work required to maintain progress or to complete the work on a timely basis shall be at Subcontractor's ’s expense and shall not entitle Subcontractor be charged to an extension of time or additional compensation. Contractor may supplement Subcontractor's forces, at Subcontractor's expense, if deemed necessary unless specifically authorized in writing by the Contractor to maintain the Project schedule. Subcontractor shall be liable prior to the Contractor for any delay commencement of such overtime or damages, including consequential or liquidated damages, threatened or assessed against the Contractor to the extent caused by the Subcontractorshift work. (b) To Subcontractor agrees that the fullest schedule for completion of the Project takes priority over the scheduling of Subcontractor’s work. Subcontractor represents that (i) Subcontractor has carefully reviewed Contractor’s latest project schedule; (ii) the times and sequences shown in that schedule for Subcontractor’s work are reasonable and will be satisfactory to Subcontractor; (iii) Subcontractor understands that this Schedule is subject to change during the course of the Project; and (iv) that Subcontractor will (at Contractor’s request) modify the schedule or sequence of Subcontractor’s work and the work of other subcontractors and suppliers so as to cooperate with all other trades on the Project (without any additional cost to Contractor or other trades) and to facilitate Contractor’s overall performance of the Project within the Schedule and the completion date(s) set forth in the Contract Documents. (c) If Subcontractor’s work is delayed for any reason beyond Subcontractor’s control, Subcontractor will immediately notify Contractor’s Superintendent (verbally) and Contractor’s Project Manager (in writing) of the reasons for the delay and the activities which are affected. Subcontractor agrees that any claim for extra time will set forth the circumstances on which such claim is based, including the reasons Subcontractor claims to be entitled to additional time, the activity(ies) which is (are) delayed, daily logs or other evidence showing such delays, the circumstances causing such delay, and the specific consequences of the delay to Subcontractor. Subcontractor will make any claims arising out of such delays in accordance with the provisions of Article 6; the provisions of this Article 4; and this Subcontract shall govern such claims. (d) If Subcontractor’s forces (including without limitation, Staff, Workers, Trades, Vendors, Suppliers) are not able to complete a 40-hour work week by the close of regular business on Friday (for any reason including weather), Subcontractor shall continue to perform during the weekend so that its forces will work 40 hours during that week (to the maximum extent permitted by applicable law, possible) without any additional charge under this Subcontract. (e) Contractor shall have the right at any time to delay or suspend the work Project or any part thereof without incurring liability therefore. An for any reasonable time and if this happens, Subcontractor’s sole remedy for such delays or suspensions shall be an extension of time time. Contractor shall not be the sole and exclusive remedy of independently liable to Subcontractor for any delays delay or suspensions suffered interference caused by Subcontractor, but only to the extent that a time extension is obtained from the circumstances beyond Contractor’s control (or delay or interference caused by Owner, and Architect, other subcontractors or suppliers or other persons), except as follows: In the event that Contractor obtains additional compensation from Owner or others for delay or interference, Subcontractor shall have no right be entitled to seek or recover from Contractor any damages or losses, whether direct or indirect, arising from or related to any delay or acceleration to overcome delay, and/or any impact or effect share in such additional compensation as determined in Contractor’s judgment. Subcontractor’s share of such delays additional compensation shall be calculated only on the Workbasis of Subcontractor’s direct costs and will exclude any indirect costs (such as lost opportunity, impaired bonding capacity, lost profits, or extended home office overhead). Subcontractor hereby waives any rights and remedies for additional compensation due to such delays, any such payments by the Contractor shall be completely discretionary. (cf) Subcontractor shall fully cooperate fully with Contractor in providing and promptly provide any information requested by Contractor in connection with preparation and revision of the schedules for the Project, including, but not limited to, including (without limitation) detailed information concerning the sequence, beginning and ending dates of activities, cost breakdowns related to such activities, and any information requested for Critical Path Method scheduling if used for the Project. The costs of all such activities on the part of Subcontractor are included in the Subcontract Amount. (dg) Subcontractor will promptly perform all work required after the Project achieves Substantial Completion (as that term may be defined in the Contract Documents or by Owner). Subcontractor will perform this work (including completion of any punch list items) so that the Project and all other work on any Punch List required for completion can be completed within the time allowed within the Contract Documents or by Owner or Architect (or within 30 days after Substantial Completion, whichever is shorter). In the event of Subcontractor does not perform timely, Subcontractor will be responsible for any dispute under this Subcontract or as to the work delay damages, including without limitation, any utility costs, any damages imposed on Contractor by Owner, and Contractor’s supervisory costs, (all to be performedbilled in accordance with the provisions of Article 6(J)), or such portion of those costs as Subcontractor has caused to be incurred. (h) If Subcontractor delays any of Contractor’s work, or any work on the Project, Subcontractor shall continue be responsible for all such damages caused or related thereto. Subcontractor’s liability to diligently perform Contractor shall include Contractor’s additional costs, (as computed in accordance with Article 6(J)) and any additional damages suffered by Contractor. (including liquidated damages imposed by Owner or other claims by Subcontractors) Provided, however, that in the event such disputes are between Subcontractor and other subcontractors and suppliers, Contractor may elect to have these parties work out their disputes in accordance with the provisions of Article 14(c). (i) If Contractor determines that Subcontractor is not timely in performing any of Subcontractor’s work or that Subcontractor is not keeping up with the current schedule, Contractor may request Subcontractor to prepare and present a Recovery Schedule for Subcontractor’s work. In such event Subcontractor will prepare a Recovery schedule in such form and detail as Contractor may request. Subcontractor further agrees to work as directed necessary to meet the requirements of the Recovery Schedule and bring Subcontractor’s work into compliance with the current Project Schedule (all without any additional cost under this Subcontract). (j) Subcontractor will cooperate and deal fairly with Contractor in all respects to the benefit of the Project in order to allow Contractor to meet the intent and purposes set forth in the Contract Documents. Contractor may assign any and all express and implied warranties given by Contractor Subcontractor to Owner, without interruption, deficiency or delaynotice to Subcontractor.